senate Bill S3808B

Signed By Governor
2011-2012 Legislative Session

Authorizes certain pharmacists to administer immunizations

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Sponsored By

Archive: Last Bill Status Via A6301 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2012 signed chap.116
Jul 06, 2012 delivered to governor
Jun 20, 2012 returned to assembly
passed senate
3rd reading cal.1407
substituted for s3808b
Jun 20, 2012 substituted by a6301d
ordered to third reading cal.1407
committee discharged and committed to rules
Jun 13, 2012 print number 3808b
amend (t) and recommit to higher education
Jan 04, 2012 referred to higher education
May 02, 2011 print number 3808a
amend (t) and recommit to higher education
Mar 04, 2011 referred to higher education

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S3808 - Bill Details

See Assembly Version of this Bill:
A6301D
Law Section:
Education Law
Laws Affected:
Amd §§6527, 6909, 6801 & 6802, Ed L

S3808 - Bill Texts

view summary

Authorizes a pharmacist certified by the department of education to administer certain immunizations; authorizes certified nurse practitioners to administer certain immunizations.

view sponsor memo
BILL NUMBER:S3808

TITLE OF BILL:
An act
to amend the education law, in relation to the practice of pharmacy

PURPOSE:
To allow a pharmacist certified by the Education Department
to administer immunizations formulated in adult dosage, to allow
pharmacy interns and residents registered with the department who
have completed immunization certification requirements to administer
immunizations under the direct supervision of a licensed pharmacist
certified to immunize, to allow the certification fee to be collected
by the department with the initial application and to repeal the
sunset.

SUMMARY OF PROVISIONS:
Section one amends Section 6801 of the
education law by adding a new provision in paragraph two that
streamlines the reporting of immunizations administered to adults in
clinics and facilities licensed under article twenty-eight of the
public health law and immunization outreach programs authorized by
state or county public health departments.

Section one adds a new provision to allow a pharmacy intern or
resident registered with the department who has successfully
completed every requirement for the Certificate of Administration to
administer an immunization under the direct supervision of a licensed
pharmacist who has a valid Certificate of Administration issued by
the department.

Section two of the bill amends Subdivision 22 of Section 6802 of the
education law to remove the county restriction in current statute
that applies to the physician or nurse practitioner issuing a
patient-specific or non-patient specific order to a licensed
pharmacist certified by the department to immunize.

Section two of the bill allows the licensed pharmacist certified by
the department to immunize to administer any vaccine formulated in
adult dosage, broadening provisions in current law that limit
pharmacists to flu and pneumococcal vaccines.

Section three of the bill establishes that the fee of $100 applies to
the original application.

Section four of the bill removes the sunset provision.

JUSTIFICATION:
In the past two years New York's adult immunization
rates have risen dramatically. As in other states, broadening access
to vaccines by allowing pharmacists to immunize significantly
improved progress toward established public health goals. Since
implementation in the fall of 2008, more than 5,000 NYS licensed
pharmacists completed certification requirements. By some estimates,
pharmacists administered more than one million immunizations in New
York in the past twelve months meeting established clinical


standards. Clearly, this initiative has been successful by any
measure and the sunset should therefore be removed.

Despite significant gains, a recent report entitled "Adult
Immunization: Shots to Save Lives" released in February, 2010, by
the Trust for American's Health, the Infectious Diseases Society of
America and the Robert Wood Johnson Foundation found that as of 2008
nationally more than thirty percent of adults over 65 had not been
immunized against pneumonia in 36 states. The report cites New York's
rate of pneumococcal immunization for adults to be 36.7%, slightly
above the national average but still low in terms of prevention and
the cost to treat vaccine preventable illness and hospitalization.

Effective immunization programs against seasonal flu represent a
public health challenge that recurs every year, and from this
perspective it is essential that New York's law not be allowed to
sunset. Furthermore, a recent analysis published in Biosecurity and
Bioterrorism: "Biodefense Strategy, Practice and Science" recommends
that "Building capacity around seasonal influenza vaccine programs
would serve a dual purpose: providing protection against seasonal
influenza and preparing the country for a future severe influenza
pandemic."

Another provision of the current law that emerged as a significant
barrier particularly in jurisdictions outside of New York City was
the restriction placed on the authorizing physicians and nurse
practitioners, that their non-patient specific orders could apply only
to the county in which they practice. For months in some counties,
certified pharmacists remained inactive, lacking the required
authorization. In many cases, access to adult immunizations was
unnecessarily restricted by this provision and for this reason it
should be removed.

The most significant change in law under this legislation is
broadening the vaccines that pharmacists would be allowed to
administer to include any vaccine formulated in an adult dose, as is
allowed in most states. In this context, it is important to point out
provisions in the bill under which pharmacists are authorized to
administer vaccines. Before a certified pharmacist can immunize an
individual, the pharmacist must have a patient-specific order or
non-patient-specific order issued by a physician or nurse
practitioner that specifies the vaccine to be administered and under
what specific protocol. These are the actual limitations under which
pharmacists administer any vaccine. It is anticipated that the most
common authorizations will be for flu and pneumococcal immunizations,
but the statute is broad enough to allow a physician who is a county
health official or the the NYS Commissioner of Health to respond to
an outbreak of pertussis in adults or any other vaccine-preventable
disease that is prevalent in the state or a specific geographic
region. This provision also allows physicians to give their patients
greater access to vaccines that are available at a local pharmacy and
not available in the physician's office.

Another rationale for broadening the list of vaccines is that
pharmacist-administration of vaccines is common across the country.
Medicare Part D allows pharmacies to submit claims for vaccines and
vaccine administration, moving adult immunization into the 'pharmacy


benefit'. This provision is a national policy response to the need to
improve the rate of adult immunization consistent with the
recommendations of the Centers for Disease Control. Prevention is a
cost-containment tool as well as a public health goal.

In addition, more and more physician offices have limited their supply
of vaccines on hand due to cost, special handling requirements or
other reasons. Consider, for example, the herpes zoster vaccine that
prevents shingles" (Shingles is a painful disease characterized by
inflammation of the nerve endings.) The target group for this
vaccination is adults 60 years of age or older. The vaccine must be
protected from light and stored in a freezer. It may be stored or
transported at 36 - 46 degrees Fahrenheit, but if it is, it must be
used within 72 hours. Stored improperly, the vaccine must destroyed.
Its cost is $200 per dose.

Whooping cough is an emerging public health concern in adults, having
caused several deaths in New York. Adult immunization rates have
traditionally been low and pharmacists could under these new
provisions be authorized to administer the one-time booster (TDap) in
regions that are identified by public health officials. TDap is
recommended by the CDC for adults. It is anticipated that regulations
developed by the Education Department would refer to the CDC and
other national public health sources for the list of specific
vaccines formulated in adult doses that pharmacists would be
authorized under this bill to administer.

It is important to note that under Governor Paterson's 2010 Executive
Order (responding to concern over the HINI pandemic), pharmacists
competently immunized New Yorkers of all ages, within guidelines
established by the Health Department That experience provides the
basis for a new provision, namely that when a pharmacist administers
a vaccine in a clinic or alternative distribution program under the
aegis of public health officials, the
immunizing pharmacist should not be required to report to the
patient's primary care provider unless the reporting requirement
applies equally to other licensed healthcare professionals at the site.

Entering the pharmacy profession today requires candidates to
complete a six-year program leading to the Doctor of Pharmacy degree.
Sixth-year pharmacy students are residents and interns in practice
sites that include hospitals, clinics and community pharmacies, Those
who have successfully completed every requirement for certification
as immunizers represent an additional resource for broadening the
public's access to adult vaccines, and for this reason pharmacy
interns and residents should be allowed to administer under the
supervision of a licensed pharmacist who holds a valid immunization
certificate and who has been authorized to administer specified
vaccines by a physician or nurse practitioner. Were an emergency
situation to arise, this provision in the bill increases the state's
preparedness assets.

It is appropriate that the $100 fee that pharmacists remit to the
education department with an application for the certificate of
administration becomes a one-time fee because department resources
are used to review the initial application and establish that the
applicant met all the requirements. Once a pharmacist has the


administration certificate, renewal should be automatic at the same
time the license is renewed, every three years, In addition, this
change in statute is consistent with policies of the department that
apply to other licensed health professions. In terms of public
protection, it is important to note that the Office of Professional
Discipline's authority includes revoking a pharmacist's certificate
of administration should such an action become necessary,

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law, with provisions.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3808

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN  ACT to amend the education law, in relation to the practice of phar-
  macy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6801 of the education law, as amended by chapter
563 of the laws of 2008, is amended to read as follows:
   S 6801. Definition of practice of pharmacy. 1. The  practice  of  the
profession  of  pharmacy  is  defined  as  the administering, preparing,
compounding, preserving, or the dispensing of drugs, medicines and ther-
apeutic devices on the basis of prescriptions or other legal authority.
  2. A licensed pharmacist may execute a  non-patient  specific  regimen
prescribed or ordered by a licensed physician or certified nurse practi-
tioner, pursuant to rules and regulations promulgated by the commission-
er.  When  a  licensed pharmacist administers an immunizing agent, he or
she shall:
  (a) report such administration  to  the  patient's  attending  primary
health care practitioner or practitioners, if any, pursuant to rules and
regulations of the commissioner;
  (b)  provide  information to the patient on the importance of having a
primary health care  practitioner,  developed  by  the  commissioner  of
health; and
  (c)  report  such administration, absent of any individually identifi-
able health information,  to  the  department  of  health  in  a  manner
required by the commissioner of health.
  WHEN  A  LICENSED PHARMACIST CERTIFIED BY THE DEPARTMENT TO ADMINISTER
IMMUNIZATIONS WITHIN A FACILITY LICENSED UNDER ARTICLE  TWENTY-EIGHT  OF
THE  PUBLIC HEALTH LAW OR IN AN IMMUNIZATION OUTREACH PROGRAM AUTHORIZED
BY THE STATE OR A COUNTY HEALTH DEPARTMENT, THE  IMMUNIZATION  SHALL  BE
RECORDED  BY  THAT  ENTITY  AND THE RECORD OF SUCH ENTITY SHALL MEET THE
REQUIREMENTS IN PARAGRAPH (A) OF THIS SUBDIVISION.
  3. No pharmacist shall administer immunizing agents without  receiving
training satisfactory to the commissioner and the commissioner of health

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-01-1

S. 3808                             2

which  shall  include,  but  not be limited to, techniques for screening
individuals and  obtaining  informed  consent;  techniques  of  adminis-
tration;  indications,  precautions  and contraindications in the use of
agent  or  agents;  record  keeping of immunization and information; and
handling emergencies, including anaphylaxis and needlesticks.
  4. The commissioner of health, in consultation with the  commissioner,
shall  prepare  and submit a report to the governor and the legislature,
on or before December thirty-first, two thousand eleven,  reporting  the
results  and  evaluating the effectiveness and impact, if any, of imple-
mentation of subdivision two of this section upon  the  supply  of  such
immunizing  agents  for  the  prevention  of  influenza and pneumococcal
disease, upon the geographical distribution of such agents, and upon the
distribution of such  agents  among  health  care  providers,  including
physicians, and pharmacies in New York state.
  5.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A PHARMACY STUDENT
PARTICIPATING IN AN INTERNSHIP OR RESIDENCY PROGRAM WHO HAS SUCCESSFULLY
COMPLETED EVERY  REQUIREMENT  ESTABLISHED  BY  THE  DEPARTMENT  FOR  THE
CERTIFICATE  OF  ADMINISTRATION  MAY,  UNDER THE DIRECT SUPERVISION OF A
PHARMACIST WHO HAS A VALID CERTIFICATE OF ADMINISTRATION ISSUED  BY  THE
DEPARTMENT, ADMINISTER AN IMMUNIZATION AS PROVIDED UNDER THIS SECTION.
  S  2. Subdivision 22 of section 6802 of the education law, as added by
chapter 563 of the laws of 2008, is amended to read as follows:
  22. "Administer", for the purpose of section sixty-eight  hundred  one
of this article, means the direct application of an immunizing agent [to
adults], whether by injection, ingestion or any other means, pursuant to
a  patient  specific order or non-patient specific regimen prescribed or
ordered [issued by a physician or certified nurse practitioner who has a
practice site in the county in which the immunization  is  administered.
However if the county where the immunization is to be administered has a
population of seventy-five thousand or less, then the licensed physician
or  certified  nurse  practitioner  may be in an adjoining county]. Such
administration shall be limited to [immunizing agents to prevent  influ-
enza  or  pneumococcal disease] IMMUNIZATIONS AND VACCINES FORMULATED IN
ADULT DOSAGE and medications required for emergency treatment of anaphy-
laxis.
  S 3. Subdivision 2 of section 6828 of the education law, as  added  by
chapter 563 of the laws of 2008, is amended to read as follows:
  2.  The  fee  for a certificate of administration shall be one hundred
dollars [and shall be paid on a triennial basis]. A certificate  may  be
suspended or revoked in the same manner as a license to practice pharma-
cy.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law:
  (a) provided, however, that the amendments  to  section  6801  of  the
education law made by section one of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith;
  (b)  provided,  further,  that  the  amendments  to  subdivision 22 of
section 6802 of the education law made by section two of this act  shall
not  affect  the repeal of such subdivision and shall be deemed repealed
therewith; and
  (c) provided, further, that the amendments to subdivision 2 of section
6828 of the education law made by section three of this  act  shall  not
affect  the  repeal  of such section and shall be deemed repealed there-
with.

Co-Sponsors

view additional co-sponsors

S3808A - Bill Details

See Assembly Version of this Bill:
A6301D
Law Section:
Education Law
Laws Affected:
Amd §§6527, 6909, 6801 & 6802, Ed L

S3808A - Bill Texts

view summary

Authorizes a pharmacist certified by the department of education to administer certain immunizations; authorizes certified nurse practitioners to administer certain immunizations.

view sponsor memo
BILL NUMBER:S3808A

TITLE OF BILL:
An act
to amend the education law, in relation to the practice of pharmacy
and to amend chapter 563 of the laws of 2008 amending the
education law and the public health law relating to immunizing
agents to be administered to adults by pharmacists,
in relation to making such provisions permanent

PURPOSE:
To allow a pharmacist certified by the Education Department
to administer vaccines to adults recommended by the Centers for
Disease Control and Prevention on the adult immunization schedule, to
allow pharmacy interns and residents registered with the department
who have completed immunization certification requirements to
administer immunizations under the direct supervision of a licensed
pharmacist certified to immunize, to allow the certification fee to
be collected by the department with the initial application and to
repeal the sunset.

SUMMARY OF PROVISIONS:
Section one amends section 6801 of the
education law to add a new.
provision to allow a pharmacy intern or resident registered with the
department who has successfully completed every requirement for the
Certificate of Administration to administer an immunization under
the direct supervision of a licensed pharmacist who has a valid
Certificate of Administration issued by the department.

Section two of the bill amends Subdivision 22 of Section 6802 of the
education law to remove the county restriction in current statute
that applies to the physician or nurse practitioner issuing a
patient-specific or non-patient specific order to a licensed
pharmacist certified by the department to immunize.

Section two of the bill allows the licensed pharmacist certified by
the department to immunize to administer any vaccine to adults that
is listed in the recommended adult immunization schedule by the
Centers for Disease Control and Prevention, broadening provisions in
current law that limit pharmacists to flu and pneumococcal vaccines.

Section three of the bill establishes that the fee of $1 00 applies to
the original application.

Section four of the bill removes the sunset provision.

Section five of the bill provides the effective date.

JUSTIFICATION:
In the past two years New York's adult immunization
rates have risen dramatically. As in other states, broadening access
to vaccines by allowing pharmacists to immunize significantly
improved progress toward established public health goals. Since
implementation in the fall of2008, more than 5,000 NYS licensed
pharmacists completed certification requirements. By some estimates,


pharmacists administered more than one million immunizations in New
York in the past twelve months meeting established clinical standards.
Clearly, this initiative has been successful by any measure and the
sunset should therefore be removed.

Despite significant gains, a recent report entitled "Adult
Immunization: Shots to Save Lives" released in February, 2010, by the
Trust for American's Health, the Infectious Diseases Society of
America and the Robert Wood Johnson Foundation found that as of2008
nationally more than thirty percent of adults over 65 had not been
immunized against pneumonia in 36 states. The report cites New York's
rate of pneumococcal immunization for adults to be 36.7%, slightly
above the national average but still low in terms of prevention and
the cost to treat vaccine preventable illness and hospitalization.

Effective immunization programs against seasonal flu represent a
public health challenge that recurs every year, and from this
perspective it is essential that New York's law not be allowed to
sunset. Furthermore, a recent analysis published in Biosecurity and
Bioterrorism: "Biodefense Strategy, Practice and Science" recommends
that "Building capacity around seasonal influenza vaccine programs
would serve a dual purpose: providing protection against seasonal
influenza and preparing the country for a future severe influenza
pandemic."

Another provision of the current law that emerged as a significant
barrier particularly in jurisdictions outside of New York City was
the restriction placed on the authorizing physicians and nurse
practitioners, that their non-patient specific orders could apply
only to the county in which they practice. For months in some
counties, certified pharmacists remained inactive, lacking the
required authorization. In many cases, access to adult immunizations
was unnecessarily restricted by this provision and for this reason it
should be removed.

The most significant change in law under this legislation is
broadening the vaccines that pharmacists would be allowed to
administer to adults, as is allowed in most states. In this context,
it is important to point out provisions in the bill under which
pharmacists are authorized to administer vaccines. Before. a
certified pharmacist can immunize an individual, the pharmacist must
have a patient-specific order or non patient specific order issued by
a physician or nurse practitioner that specifies the vaccine to be
administered and under what specific protocol. These are the actual
limitations under which pharmacists administer any vaccine. It is
anticipated that the most common authorizations will be for flu and
pneumococcal immunizations, but the statute is broad enough to allow
a physician, nurse practitioner or the NYS Commissioner of Health to
respond to an outbreak of pertussis in adults or any other
vaccine-preventable disease that is prevalent in the state or a
specific geographic region. This provision also allows physicians to
give their patients greater access to vaccines that are available at
a local pharmacy and not available in the physician's office.

Another rationale for broadening the list of vaccines is that
pharmacist administration of vaccines is common across the country.
Medicare Part D allows pharmacies to submit claims for vaccines and


vaccine administration, moving adult immunization into the pharmacy
benefit. This provision is a national policy response to the need to
improve the rate of adult immunization consistent with the
recommendations of the Centers for Disease Control. Prevention is a
cost-containment tool as well as a public health goal.

In addition, more and more physician offices have limited their supply
of vaccines on hand due to cost, special handling requirements or
other reasons. Consider, for example, the herpes foster vaccine that
prevents shingles" (Shingles is a painful disease characterized by
inflammation of the nerve endings.) The target group for this
vaccination is adults 60 years of age or older. The vaccine must be
protected from light and stored in a freezer. It may be stored or
transported at 36 - 46 degrees Fahrenheit, but if it is, it must be
used within 72 hours. Stored improperly, the vaccine must destroyed.
Its cost is $200 per dose.

Whooping cough is an emerging public health concern in adults, having
caused several deaths in New York.
Adult immunization rates have traditionally been low and pharmacists
could under these new provisions would be authorized to administer
the one-time booster (TDap). TDap is recommended by the CDC for
adults. Other vaccines listed by the CDC recommended for adults are
varicella, HPV, measles, mumps and rubella, meningococcal, hepatitis
A and hepatitis B.

Entering the pharmacy profession today requires candidates to complete
a six-year program leading to the Doctor of Pharmacy degree.
Sixth-year pharmacy students are residents and interns in practice
sites that include
hospitals, clinics and community pharmacies, Those who have
successfully completed every requirement for certification as
immunizers represent an additional resource for broadening the
public's access to adult vaccines, and for this reason pharmacy
interns and residents should be allowed to administer under the
supervision of a licensed Pharmacist who holds a valid immunization
certificate and who has been authorized to administer specified
vaccines by a physician or nurse practitioner. Were an emergency
situation to arise, this provision in the bill increases the state's
preparedness assets.

It is appropriate that the $100 fee that pharmacists remit to the
education department with an application for the certificate of
administration becomes a one-time fee because department resources
are used to review the initial application and establish that the
applicant met all the requirements. Once a pharmacist has the
administration certificate, renewal should be automatic at the same
time the license is renewed, every three years, In addition, this
change in statute is consistent with policies of the department that
apply to other licensed health professions. In terms of public
protection, it is important to note that the Office of Professional
Discipline's authority includes revoking a pharmacist's certificate
of administration should such an action become necessary.

LEGISLATIVE HISTORY:
None.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3808--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced by Sens. FUSCHILLO, AVELLA, MARTINS, MAZIARZ, PERALTA -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Higher Education -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the education law, in relation to the practice of phar-
  macy and to amend chapter 563 of the laws of 2008 amending the  educa-
  tion law and the public health law relating to immunizing agents to be
  administered  to  adults  by  pharmacists,  in relation to making such
  provisions permanent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6801 of the education law is amended by adding a
new subdivision 5 to read as follows:
  5. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A PHARMACY  STUDENT
PARTICIPATING IN AN INTERNSHIP OR RESIDENCY PROGRAM WHO HAS SUCCESSFULLY
COMPLETED  EVERY  REQUIREMENT  ESTABLISHED  BY  THE  DEPARTMENT  FOR THE
CERTIFICATE OF ADMINISTRATION MAY, UNDER THE  DIRECT  SUPERVISION  OF  A
PHARMACIST  WHO  HAS A VALID CERTIFICATE OF ADMINISTRATION ISSUED BY THE
DEPARTMENT, ADMINISTER AN IMMUNIZATION AS PROVIDED UNDER THIS SECTION.
  S 2. Subdivision 22 of section 6802 of the education law, as added  by
chapter 563 of the laws of 2008, is amended to read as follows:
  22.  "Administer",  for the purpose of section sixty-eight hundred one
of this article, means the direct application of an immunizing agent  to
adults,  whether by injection, ingestion or any other means, pursuant to
a patient specific order or non-patient specific regimen  prescribed  or
ordered issued by a physician or certified nurse practitioner [who has a
practice  site  in the county in which the immunization is administered.
However if the county where the immunization is to be administered has a
population of seventy-five thousand or less, then the licensed physician
or certified nurse practitioner may be in  an  adjoining  county].  Such
administration  shall be limited to [immunizing agents to prevent influ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-05-1

S. 3808--A                          2

enza or pneumococcal disease] IMMUNIZATIONS AND VACCINES  FORMULATED  IN
ADULT  DOSAGE  LISTED  IN THE RECOMMENDED ADULT IMMUNIZATION SCHEDULE BY
THE CENTERS FOR DISEASE CONTROL AND PREVENTION and medications  required
for emergency treatment of anaphylaxis.
  S  3.  Subdivision 2 of section 6828 of the education law, as added by
chapter 563 of the laws of 2008, is amended to read as follows:
  2. The fee for a certificate of administration shall  be  one  hundred
dollars  [and  shall be paid on a triennial basis]. A certificate may be
suspended or revoked in the same manner as a license to practice pharma-
cy.
  S 4. Section 8 of chapter 563 of the laws of 2008 amending the  educa-
tion  law  and the public health law relating to immunizing agents to be
administered to adults by pharmacists, is amended to read as follows:
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  [and shall expire and be deemed repealed March 31,
2012].
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

view additional co-sponsors

S3808B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6301D
Law Section:
Education Law
Laws Affected:
Amd §§6527, 6909, 6801 & 6802, Ed L

S3808B (ACTIVE) - Bill Texts

view summary

Authorizes a pharmacist certified by the department of education to administer certain immunizations; authorizes certified nurse practitioners to administer certain immunizations.

view sponsor memo
BILL NUMBER:S3808B

TITLE OF BILL:
An act
to amend the education law, in relation to
authorizing a licensed pharmacist and certified nurse practitioner
to administer certain
immunizing
agents; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:
Authorizes licensed pharmacists and certified nurse
practitioners to administer certain immunizations

SUMMARY OF PROVISIONS:
Section 1. Amends subdivision 7 of section of
section 6527 of the education law.

Section 2. Amends subdivision 7 of section 6909 of the education law.

Section 3. Amends subdivision 22 of section 6802 of the education law.

Section 4. Amends section 6801 of the education law.

Section 5. Reporting requirements.

Section 6. Effective date.

JUSTIFICATION:
Immunizations are the best defense against morbidity
and mortality for diseases for which vaccines are available and
studies have shown that pharmacist-provided immunizations increase
overall immunization rates. Pharmacists in New York have been
permitted to give immunizations to adults for influenza and
pneumococcal since 2008 and CDC data for the 2009-2010 flu season
indicates significant improvements in rates of immunization among
groups that have traditionally not accessed vaccinations. This
includes an increase of 8% for African Americans, 8.6% for Hispanics
and almost 13% for other ethnicities in New York.
Overall, the State saw an increase in rate of flu vaccination by New
York residents of 2.8%.

This bill expands the list of vaccines that pharmacists are permitted
to administer to include the Shingles vaccine for adults when ordered
by a patient's physician or nurse practitioner.

Providing this additional access point for this vaccine is
particularly important since less than 10% of those who are indicated
for the vaccine actually get it nationally. Further, the vaccine has
very stringent storage requirements in that it must be frozen and
administered very quickly after being thawed. Also under Medicare the
vaccine is covered as a pharmacy benefit so for the primary
population indicated for the vaccine, physicians often cannot be
reimbursed for it.


Shingles is very painful, particularly for older adults. Shingles
which develops on the face can damage the eyes and cause vision loss.
Through vaccination, we can prevent unnecessary suffering and the
serious, long term impacts of this virus on New Yorkers. The primary
way to increase the very low immunization rate in order to prevent
shingles is to allow pharmacists to administer the vaccine directly
to the public, as provided for in this legislation.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3808--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO,  AVELLA,  GRISANTI,  MARTINS, MAZIARZ,
  PERALTA, RANZENHOFER -- read  twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on Higher Education --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on High-
  er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to authorizing a licensed
  pharmacist and certified  nurse  practitioner  to  administer  certain
  immunizing  agents;  and  providing  for the repeal of such provisions
  upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  7  of  section 6527 of the education law, as
added by chapter 563 of the laws of 2008, is amended to read as follows:
  7. (a) A licensed physician may  prescribe  and  order  a  non-patient
specific  regimen  to  a  licensed  pharmacist,  pursuant to regulations
promulgated by the commissioner, and consistent with the  public  health
law,  for administering immunizations TO PREVENT INFLUENZA OR PNEUMOCOC-
CAL DISEASE AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF  ANAPHY-
LAXIS. Nothing in this subdivision shall authorize unlicensed persons to
administer immunizations, vaccines or other drugs.
  (B)  A  LICENSED  PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER TO A LICENSED PHARMACIST, PURSUANT TO REGULATIONS  PROMULGATED  BY
THE  COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMIN-
ISTERING IMMUNIZATIONS TO PREVENT ACUTE HERPES ZOSTER.
  S 2. Subdivision 7 of section 6909 of the education law, as  added  by
chapter 563 of the laws of 2008, is amended to read as follows:
  7.  (A)  A certified nurse practitioner may prescribe and order a non-
patient specific regimen to a licensed  pharmacist,  pursuant  to  regu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-15-2

S. 3808--B                          2

lations  promulgated by the commissioner, and consistent with the public
health law, for administering  immunizations  TO  PREVENT  INFLUENZA  OR
PNEUMOCOCCAL DISEASE AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF
ANAPHYLAXIS.  Nothing  in  this  subdivision  shall authorize unlicensed
persons to administer immunizations, vaccines or other drugs.
  (B) A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER  A  PATIENT
SPECIFIC  REGIMEN  TO  A  LICENSED  PHARMACIST,  PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THE  PUBLIC  HEALTH
LAW, FOR ADMINISTERING IMMUNIZATIONS TO PREVENT ACUTE HERPES ZOSTER.
  S  3. Subdivision 22 of section 6802 of the education law, as added by
chapter 563 of the laws of 2008, is amended to read as follows:
  22. "Administer", for the purpose of section sixty-eight  hundred  one
of  this article, means the direct application of an immunizing agent to
adults, whether by injection, ingestion or any other means, pursuant  to
A.  a  patient specific order or non-patient specific regimen prescribed
or ordered [issued] by a physician or certified nurse practitioner,  who
has  a practice site in the county in which the immunization is adminis-
tered, FOR IMMUNIZATIONS TO PREVENT INFLUENZA  OR  PNEUMOCOCCAL  DISEASE
AND  MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS OR B. A
PATIENT SPECIFIC ORDER PRESCRIBED OR ORDERED BY A PHYSICIAN OR CERTIFIED
NURSE PRACTITIONER FOR IMMUNIZATIONS TO  PREVENT  ACUTE  HERPES  ZOSTER.
[However  if] IF the county where the immunization is to be administered
has a population of seventy-five thousand or  less,  then  the  licensed
physician or certified nurse practitioner may be in an adjoining county.
Such  administration  shall  be  limited to immunizing agents to prevent
influenza or pneumococcal disease and medications required for emergency
treatment of anaphylaxis.
  S 4. Section 6801 of the education law is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  WHEN  ADMINISTERING  AN  IMMUNIZATION  IN A PHARMACY, THE LICENSED
PHARMACIST SHALL PROVIDE AN AREA FOR THE IMMUNIZATION THAT PROVIDES  FOR
A PATIENT'S PRIVACY.
  S  5. The commissioner of health, in consultation with the superinten-
dent of financial services and  the  commissioner  of  education,  shall
prepare  and  submit a report to the governor and the legislature, on or
before October first, two thousand  fourteen,  regarding  the  rates  of
health insurance plan coverage for immunizations to prevent acute herpes
zoster  in  New  York  state. This information shall include, but not be
limited to, the  total  number  of  people  receiving  immunizations  to
prevent  acute  herpes  zoster from health care providers as compared to
pharmacies in New York state; the rates of coverage from  health  insur-
ance  plans,  including  Medicare, for people receiving immunizations to
prevent acute herpes zoster from health care providers  as  compared  to
pharmacies  in  New  York  state;  the  amount of co-pays and other fees
required by health  insurance  plans,  including  Medicare,  for  people
receiving  immunizations to prevent acute herpes zoster from health care
providers as compared to pharmacies in New York state;  and  a  list  of
health insurance plans that do not provide coverage for people receiving
immunizations  to prevent acute herpes zoster from health care providers
as compared to pharmacies in New York state as well  as  the  amount  or
amounts  that  are  charges  to an individual receiving immunizations to
prevent herpes zoster without any health insurance coverage.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law and shall expire and be deemed repealed July 1, 2015
provided, that:

S. 3808--B                          3

  (a) the amendments to subdivision 7 of section 6527 of  the  education
law  made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
  (b)  the  amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
  (c) the amendments to subdivision 22 of section 6802 of the  education
law  made  by  section  three of this act shall not affect the repeal of
such subdivision and shall be deemed to be repealed therewith; and
  (d) the amendments to section  6801  of  the  education  law  made  by
section four of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.

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