assembly Bill A7521A

2013-2014 Legislative Session

Authorizes pharmacists to perform collaborative drug therapy management

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

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Senate Actions - UPPERCASE
May 13, 2014 print number 7521a
amend and recommit to higher education
Jan 08, 2014 referred to higher education
May 23, 2013 referred to higher education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

Multi-Sponsors

A7521 - Bill Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6801-a, Ed L; amd §5, Chap 21 of 2011

A7521 - Bill Texts

view summary

Authorizes pharmacists to perform collaborative drug therapy management.

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

                                  7521

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Higher Education

AN  ACT  to  amend the education law, in relation to authorizing pharma-
  cists to perform collaborative drug therapy management, and  to  amend
  chapter  21 of the laws of 2011 amending the education law relating to
  authorizing pharmacists to perform collaborative drug therapy  manage-
  ment  with  physicians in certain settings, 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-a of the education law, as added by chapter 21
of the laws of 2011, is amended to read as follows:
  S   6801-a.   Collaborative  drug  therapy  management  [demonstration
program].  1. As used in this section, the following  terms  shall  have
the following meanings:
  a.  "Collaborative drug therapy management" shall mean the performance
of services by a pharmacist  relating  to  the  review,  evaluation  and
management  of  drug  therapy  to  a  patient, who is being treated by a
physician OR NURSE PRACTITIONER for a specific disease or disease state,
in accordance with a written agreement or protocol  with  a  voluntarily
participating physician OR NURSE PRACTITIONER and in accordance with the
policies,  procedures,  and protocols of the facility. Such agreement or
protocol as entered into by the physician OR NURSE  PRACTITIONER  and  a
pharmacist, may include, and shall be limited to:
  (i)  adjusting  or managing a drug regimen of a patient, pursuant to a
patient specific written order or protocol made by the patient's  physi-
cian  OR  NURSE PRACTITIONER, which may include adjusting drug strength,
frequency of administration or route of  administration.  Adjusting  the
drug  regimen  shall  not  include substituting or selecting a different
drug which differs from  that  initially  prescribed  by  the  patient's
physician  OR  NURSE  PRACTITIONER unless such substitution is expressly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10244-01-3

A. 7521                             2

authorized in the written order or protocol.  The  pharmacist  shall  be
required  to  immediately  enter  into  the patient record any change or
changes made to the patient's drug therapy and shall use any  reasonable
means  or method established by the facility or the department to notify
any of the patient's other treating physicians  OR  NURSE  PRACTITIONERS
with  whom  he  or  she  does  not  have a written agreement or protocol
regarding such changes. The patient's physician  OR  NURSE  PRACTITIONER
may  prohibit,  by  written instruction, any adjustment or change in the
patient's drug regimen by the pharmacist;
  (ii) evaluating and, only if specifically authorized by  the  protocol
and  only  to the extent necessary to discharge the responsibilities set
forth in this section, ordering clinical laboratory tests related to the
drug therapy management for the specific disease or disease state speci-
fied within the protocol; and
  (iii) only if specifically authorized by the protocol and only to  the
extent  necessary  to  discharge  the responsibilities set forth in this
section, ordering or performing routine patient monitoring functions  as
may  be necessary in the drug therapy management, including the collect-
ing and reviewing of patient histories, and ordering or checking patient
vital signs, including pulse, temperature, blood pressure  and  respira-
tion.
  b.  "Written  agreement  or  protocol"  shall mean a written document,
pursuant to and consistent with any applicable state or federal require-
ments, that addresses a specific  disease  or  disease  state  and  that
describes  the nature and scope of collaborative drug therapy management
to be undertaken by the pharmacist, in collaboration  with  the  partic-
ipating   physician  OR  NURSE  PRACTITIONER,  in  accordance  with  the
provisions of this section.
  c. "Physician OR NURSE PRACTITIONER" shall mean the physician OR NURSE
PRACTITIONER, selected by or assigned to  a  patient,  who  has  primary
responsibility for the treatment and care of the patient for the disease
or  disease  state that is the subject of the collaborative drug therapy
management.
  d. "Facility" shall mean a [teaching] hospital, [including  any  diag-
nostic  center,  treatment  center, or hospital-based outpatient depart-
ment, however, for the purposes of this section, residential health care
facilities and nursing homes shall be excluded] AS DEFINED  BY  SUBDIVI-
SION  ONE  OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
[For the purposes of this section, a "teaching hospital"  shall  mean  a
hospital  licensed pursuant to article twenty-eight of the public health
law that is eligible to receive  direct  or  indirect  graduate  medical
education payments pursuant to article twenty-eight of the public health
law.]  IN ADDITION, A FACILITY MAY ALSO INCLUDE UP TO FIFTEEN COMMUNITY-
PRACTICE SITES, SELECTED BY THE  DEPARTMENT  IN  CONSULTATION  WITH  THE
DEPARTMENT  OF HEALTH, WHERE PHARMACISTS AND PHYSICIANS OR NURSE PRACTI-
TIONERS MAY PROPOSE TO ENTER INTO COLLABORATIVE  ARRANGEMENTS,  PURSUANT
TO  THE  PROVISIONS  OF THIS SECTION. SUCH SITES SHALL BE SELECTED BASED
UPON A REVIEW OF APPLICATIONS SUBMITTED TO THE DEPARTMENT BY SUCH  PHAR-
MACISTS  AND  PHYSICIANS  OR NURSE PRACTITIONERS, WHICH DEMONSTRATE THAT
THE APPLICANTS CAN SATISFY THE REQUIREMENTS OF THIS SECTION.
  2. a. A pharmacist who meets the experience requirements of  paragraph
b  of this subdivision and who is EITHER employed by or otherwise affil-
iated with a facility OR IS PARTICIPATING WITH A COMMUNITY-PRACTICE SITE
SELECTED PURSUANT TO PARAGRAPH D OF SUBDIVISION 1 OF THIS SECTION  shall
be permitted to enter into a written agreement or protocol with a physi-
cian  OR  NURSE  PRACTITIONER  authorizing  collaborative  drug  therapy

A. 7521                             3

management, subject to the limitations set forth in this section, within
the scope of such employment [or], affiliation OR PARTICIPATION.
  b. A participating pharmacist must:
  (i)(A)  have been awarded either a master of science in clinical phar-
macy or a doctor of pharmacy degree;
  (B) maintain a current unrestricted license; and
  (C) have a minimum of two years experience, of which at least one year
of such experience shall include clinical experience in a health facili-
ty, which involves consultation with physicians OR  NURSE  PRACTITIONERS
with  respect  to drug therapy and may include a residency at a facility
involving such consultation; or
  (ii)(A) have been awarded a bachelor of science in pharmacy;
  (B) maintain a current unrestricted license; and
  (C) within the last seven years, have a minimum of three years experi-
ence, of which at least one year of such experience shall include  clin-
ical  experience  in a health facility, which involves consultation with
physicians OR NURSE PRACTITIONERS with respect to drug therapy  and  may
include a residency at a facility involving such consultation.
  c. Notwithstanding any provision of this section, nothing herein shall
authorize the pharmacist to diagnose disease. In the event that a treat-
ing  physician  OR  NURSE PRACTITIONER may disagree with the exercise of
professional judgment by the pharmacist, the judgment  of  the  treating
physician OR NURSE PRACTITIONER shall prevail.
  3.  The  physician  OR  NURSE PRACTITIONER who is a party to a written
agreement or protocol authorizing collaborative drug therapy  management
IN  A FACILITY SETTING shall be employed by or otherwise affiliated with
the same facility with which the pharmacist is also employed  or  affil-
iated.
  4.  The  existence of a written agreement or protocol on collaborative
drug therapy management and the patient's right to choose to not partic-
ipate in collaborative drug therapy management shall be disclosed to any
patient who is eligible to receive collaborative  drug  therapy  manage-
ment. Collaborative drug therapy management shall not be utilized unless
the  patient  or  the  patient's  authorized representative consents, in
writing, to such management. If the patient or the patient's  authorized
representative  consents,  it  shall  be  noted on the patient's medical
record. If the patient or the patient's  authorized  representative  who
consented  to collaborative drug therapy management chooses to no longer
participate in such management, at any time, it shall be  noted  on  the
patient's  medical  record.  In  addition,  the existence of the written
agreement or protocol and the patient's consent to such management shall
be disclosed to the patient's primary physician  OR  NURSE  PRACTITIONER
and  any  other  treating  physician OR NURSE PRACTITIONER or healthcare
provider.
  5. Participation in a written agreement or protocol authorizing colla-
borative drug therapy management shall be  voluntary,  and  no  patient,
physician, NURSE PRACTITIONER, pharmacist, or facility shall be required
to participate.
  6. Nothing in this section shall be deemed to limit the scope of prac-
tice of pharmacy nor be deemed to limit the authority of pharmacists and
physicians  OR  NURSE  PRACTITIONERS  to engage in medication management
prior to the effective date of this section and to the extent authorized
by law.
  S 2. Section 5 of chapter 21 of the laws of 2011, amending the  educa-
tion  law  relating  to authorizing pharmacists to perform collaborative

A. 7521                             4

drug therapy management with physicians in certain settings, is  amended
to read as follows:
  S 5. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law [and shall expire 3 years after such effec-
tive date when upon such date the provisions of this act shall be deemed
repealed; provided, however, that the amendments  to  subdivision  1  of
section  6801 of the education law made by section one of this act shall
be subject to the expiration and reversion of such subdivision  pursuant
to section 8 of chapter 563 of the laws of 2008, when upon such date the
provisions  of  section  one-a  of this act shall take effect; provided,
further, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date].
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that,  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.

Co-Sponsors

Multi-Sponsors

A7521A (ACTIVE) - Bill Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6801-a, Ed L; amd §5, Chap 21 of 2011

A7521A (ACTIVE) - Bill Texts

view summary

Authorizes pharmacists to perform collaborative drug therapy management.

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

                                 7521--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by M. of A. McDONALD, WEPRIN, RA -- Multi-Sponsored by -- M.
  of A. BRENNAN, SCHIMEL -- read once and referred to the  Committee  on
  Higher  Education  -- recommitted to the Committee on Higher Education
  in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the education law, in relation  to  authorizing  pharma-
  cists  to  perform collaborative drug therapy management, and to amend
  chapter 21 of the laws of 2011 amending the education law relating  to
  authorizing  pharmacists to perform collaborative drug therapy manage-
  ment with physicians in certain settings, 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-a of the education law, as added by chapter 21
of the laws of 2011, is amended to read as follows:
  S  6801-a.    Collaborative  drug  therapy  management  [demonstration
program].    1.  As used in this section, the following terms shall have
the following meanings:
  a.  "CLINICAL SERVICES" SHALL MEAN THE REVIEW, EVALUATION AND  MANAGE-
MENT OF DRUG THERAPY TO A PATIENT.
  B.  "Collaborative drug therapy management" shall mean the performance
of CLINICAL services by a pharmacist relating to the review,  evaluation
and  management  of drug therapy to a patient, who is being treated by a
physician, PHYSICIAN ASSISTANT OR  NURSE  PRACTITIONER  for  a  specific
disease  or  disease [state] STATES, in accordance with a written agree-
ment or protocol with a voluntarily participating  physician,  PHYSICIAN
ASSISTANT,  NURSE  PRACTITIONER  OR  FACILITY and in accordance with the
policies, procedures, and protocols of [the]  A  facility  OR  PRACTICE.
Such  agreement  or protocol as entered into by the physician, PHYSICIAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10244-03-4

A. 7521--A                          2

ASSISTANT OR NURSE PRACTITIONER and  a  pharmacist,  may  include[,  and
shall be limited to]:
  (i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a
drug  regimen  of  a  patient,  pursuant to a patient specific [written]
order, or NON-PATIENT-SPECIFIC protocol made by the patient's physician,
PHYSICIAN ASSISTANT, NURSE PRACTITIONER, OR FACILITY, which may  include
adjusting  drug strength, frequency of administration or route of admin-
istration[. Adjusting the drug regimen shall not include substituting or
selecting a different] OR SELECTING  A  drug  which  differs  from  that
initially  prescribed  by  the  patient's physician [unless such substi-
tution  is  expressly],PHYSICIAN  ASSISTANT  OR  NURSE  PRACTITIONER  AS
authorized  in  the  written  order or protocol. The pharmacist shall be
required to [immediately enter into] DOCUMENT IN the patient record [any
change or] changes made to the patient's drug therapy and shall use  any
reasonable  means  or method established by the facility or [the depart-
ment] PRACTICE to notify [any of] the patient's  other  treating  physi-
cians [with whom he or she does not have a written agreement or protocol
regarding such changes. The patient's physician may prohibit, by written
instruction,  any  adjustment or change in the patient's drug regimen by
the pharmacist], PHYSICIAN ASSISTANTS,  NURSE  PRACTITIONERS  AND  OTHER
PROFESSIONALS  AS REQUIRED BY THE FACILITY OR THE COLLABORATIVE PRACTICE
AGREEMENT;
  (ii) evaluating and, [only  if  specifically]  AS  authorized  by  the
protocol  and only to the extent necessary to discharge the responsibil-
ities set forth in this section, ordering [clinical] DISEASE STATE labo-
ratory tests related to the drug therapy  management  for  the  specific
disease or disease [state] STATES specified within the protocol; and
  (iii) [only if specifically] AS authorized by the protocol and only to
the extent necessary to discharge the responsibilities set forth in this
section,  ordering or performing routine patient monitoring functions as
may be necessary in the drug therapy management[, including the collect-
ing and reviewing of patient histories, and ordering or checking patient
vital signs, including pulse, temperature, blood pressure  and  respira-
tion].
  [b.] C. "Written agreement or protocol" shall mean a written document,
pursuant to and consistent with any applicable state or federal require-
ments,  that  addresses a specific disease or disease [state] STATES and
that describes the  nature  and  scope  of  collaborative  drug  therapy
management to be undertaken by the pharmacist, in collaboration with the
participating  physician,  PHYSICIAN  ASSISTANT,  NURSE  PRACTITIONER OR
FACILITY, in accordance with the provisions of this section.
  [c.] D. "Physician, PHYSICIAN ASSISTANT OR NURSE  PRACTITIONER"  shall
mean  the physician, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER, selected
by or assigned to a patient, who  has  primary  responsibility  for  the
treatment  and care of the patient for the disease or disease state that
is the subject of the collaborative drug therapy management.
  [d.] E. "Facility" shall mean a [teaching] hospital,  [including  any]
diagnostic   center,  treatment  center,  or  hospital-based  outpatient
department, [however, for the purposes  of  this  section,]  residential
health  care  facilities [and] OR nursing [homes shall be excluded] HOME
OR ANY FACILITY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE
PUBLIC  HEALTH  LAW  OR  OTHER  ENTITY THAT PROVIDES DIRECT PATIENT CARE
UNDER THE AUSPICES OF A MEDICAL DIRECTOR.  IN ADDITION, A PRACTICE SHALL
MEAN A PLACE OR SITUATION IN WHICH PHYSICIANS, PHYSICIAN ASSISTANTS  AND
NURSE  PRACTITIONERS EITHER ALONE OR IN GROUP PRACTICES PROVIDE DIAGNOS-
TIC AND TREATMENT CARE FOR PATIENTS. [For the purposes of this  section,

A. 7521--A                          3

a "teaching hospital" shall mean a hospital licensed pursuant to article
twenty-eight of the public health law that is eligible to receive direct
or  indirect  graduate  medical  education  payments pursuant to article
twenty-eight of the public health law.]
  2.  a. A pharmacist who meets the experience requirements of paragraph
b of this subdivision and who is [employed by  or  otherwise  affiliated
with  a facility] CERTIFIED BY THE DEPARTMENT TO ENGAGE IN COLLABORATIVE
DRUG THERAPY MANAGEMENT AND WHO  IS  EITHER  EMPLOYED  BY  OR  OTHERWISE
AFFILIATED  WITH A FACILITY OR IS PARTICIPATING WITH A PRACTICING PHYSI-
CIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER shall  be  permitted  to
enter  into  a written agreement or protocol with a physician, PHYSICIAN
ASSISTANT, NURSE PRACTITIONER OR FACILITY authorizing collaborative drug
therapy management,  subject  to  the  limitations  set  forth  in  this
section,  within  the  scope  of  such  employment  [or], affiliation OR
PARTICIPATION.  ONLY PHARMACISTS SO CERTIFIED MAY ENGAGE  IN  COLLABORA-
TIVE DRUG THERAPY MANAGEMENT AS DEFINED IN THIS SECTION.
  b. A participating pharmacist must:
  (i)(A) [have been awarded either a master of science in clinical phar-
macy or a doctor of pharmacy degree;
  (B)] maintain a current unrestricted license; and
  [(C)  have  a  minimum  of two years experience, of which at least one
year of such experience shall include clinical experience  in  a  health
facility,  which  involves  consultation with physicians with respect to
drug therapy and may include a residency at a  facility  involving  such
consultation; or
  (ii)(A) have been awarded a bachelor of science in pharmacy;
  (B) maintain a current unrestricted license; and
  (C) within the last seven years, have a minimum of three years experi-
ence,  of which at least one year of such experience shall include clin-
ical experience in a health facility, which involves  consultation  with
physicians with respect to drug therapy and may include a residency at a
facility involving such consultation.
  c.] (B) SATISFY ANY TWO OF THE FOLLOWING CRITERIA:
  (I)  CERTIFICATION  IN  A  RELEVANT AREA OF PRACTICE INCLUDING BUT NOT
LIMITED TO AMBULATORY CARE, CRITICAL CARE, GERIATRIC  PHARMACY,  NUCLEAR
PHARMACY, NUTRITION SUPPORT PHARMACY, ONCOLOGY PHARMACY, PEDIATRIC PHAR-
MACY,  PHARMACOTHERAPY, OR PSYCHIATRIC PHARMACY, FROM A NATIONAL ACCRED-
ITING BODY AS APPROVED BY THE DEPARTMENT;
  (II) POSTGRADUATE RESIDENCY THROUGH AN ACCREDITED POSTGRADUATE PROGRAM
REQUIRING AT LEAST FIFTY PERCENT OF THE EXPERIENCE BE IN DIRECT  PATIENT
CARE SERVICES WITH INTERDISCIPLINARY TERMS; OR
  (III)  HAVE  PROVIDED  CLINICAL  SERVICES TO PATIENTS FOR AT LEAST ONE
YEAR EITHER:
  (A) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI-
CIAN, PHYSICIAN ASSISTANT, NURSE PRACTITIONER OR FACILITY; OR
  (B) HAS DOCUMENTED EXPERIENCE IN PROVISION  OF  CLINICAL  SERVICES  TO
PATIENTS FOR AT LEAST ONE YEAR OR ONE THOUSAND HOURS, AND DEEMED ACCEPT-
ABLE TO THE DEPARTMENT UPON RECOMMENDATION OF THE BOARD OF PHARMACY.
  (C)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW, NOTHING IN THIS SECTION
SHALL PROHIBIT A LICENSED PHARMACIST FROM ENGAGING IN CLINICAL  PRACTICE
ASSOCIATED  WITH COLLABORATIVE DRUG THERAPY MANAGEMENT, IN ORDER TO GAIN
EXPERIENCE NECESSARY TO QUALIFY UNDER ITEM (B) OF CLAUSE (III)  OF  THIS
SUBPARAGRAPH,  PROVIDED THAT SUCH PRACTICE IS UNDER THE SUPERVISION OF A
PHARMACIST THAT CURRENTLY MEETS THE  REFERENCED  REQUIREMENT,  AND  THAT
SUCH PRACTICE IS AUTHORIZED UNDER THE COLLABORATIVE DRUG THERAPY MANAGE-

A. 7521--A                          4

MENT  PROTOCOL  WITH  THE INVOLVED PHYSICIAN, PHYSICIAN ASSISTANT, NURSE
PRACTITIONER OR FACILITY.
  3. Notwithstanding any provision of this section, nothing herein shall
authorize the pharmacist to diagnose disease. In the event that a treat-
ing  physician,  PHYSICIAN  ASSISTANT OR NURSE PRACTITIONER may disagree
with the exercise of professional judgment by the pharmacist, the  judg-
ment of the treating physician, PHYSICIAN ASSISTANT OR NURSE PRACTITION-
ER shall prevail.
  [3.  The  physician  who is a party to a written agreement or protocol
authorizing collaborative drug therapy management shall be  employed  by
or otherwise affiliated with the same facility with which the pharmacist
is also employed or affiliated.
  4.  The  existence of a written agreement or protocol on collaborative
drug therapy management and the patient's right to choose to not partic-
ipate in collaborative drug therapy management shall be disclosed to any
patient who is eligible to receive collaborative  drug  therapy  manage-
ment. Collaborative drug therapy management shall not be utilized unless
the  patient  or  the  patient's  authorized representative consents, in
writing, to such management. If the patient or the patient's  authorized
representative  consents,  it  shall  be  noted on the patient's medical
record. If the patient or the patient's  authorized  representative  who
consented  to collaborative drug therapy management chooses to no longer
participate in such management, at any time, it shall be  noted  on  the
patient's  medical  record.  In  addition,  the existence of the written
agreement or protocol and the patient's consent to such management shall
be disclosed to the patient's primary physician and any  other  treating
physician or healthcare provider.]
  4. A PHARMACIST WHO IS CERTIFIED BY THE DEPARTMENT TO ENGAGE IN COLLA-
BORATIVE  DRUG THERAPY MANAGEMENT MAY ENTER INTO A WRITTEN COLLABORATIVE
PRACTICE AGREEMENT OR PROTOCOL WITH A  PHYSICIAN,  PHYSICIAN  ASSISTANT,
NURSE PRACTITIONER OR PRACTICE AS AN INDEPENDENT HEALTH CARE PROVIDER OR
AS AN EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER. IN A FACILI-
TY,  THE  PHYSICIAN,  PHYSICIAN  ASSISTANT OR NURSE PRACTITIONER AND THE
PHARMACIST WHO ARE PARTIES TO A WRITTEN AGREEMENT OR PROTOCOL  AUTHORIZ-
ING  COLLABORATIVE  DRUG  THERAPY  MANAGEMENT SHALL BE EMPLOYED BY OR BE
OTHERWISE AFFILIATED WITH THE FACILITY.
  5. Participation in a written agreement or protocol authorizing colla-
borative drug therapy management shall be  voluntary,  and  no  patient,
physician,  [pharmacist,  or]  PHYSICIAN  ASSISTANT, NURSE PRACTITIONER,
facility OR PHARMACIST shall be required to participate.
  [6. Nothing in this section shall be deemed  to  limit  the  scope  of
practice of pharmacy nor be deemed to limit the authority of pharmacists
and physicians to engage in medication management prior to the effective
date of this section and to the extent authorized by law.]
  S  2. Section 5 of chapter 21 of the laws of 2011, amending the educa-
tion law relating to authorizing pharmacists  to  perform  collaborative
drug  therapy management with physicians in certain settings, is amended
to read as follows:
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law [and shall expire 3 years after  such  effec-
tive date when upon such date the provisions of this act shall be deemed
repealed];  provided,  however,  that the amendments to subdivision 1 of
section 6801 of the education law made by section one of this act  shall
be  subject to the expiration and reversion of such subdivision pursuant
to section 8 of chapter 563 of the laws of 2008, when upon such date the
provisions of section one-a of this act  shall  take  effect;  provided,

A. 7521--A                          5

further,  that  effective  immediately,  the  addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.
  S 3. This act shall take effect immediately, provided that section one
of  this act shall take effect on the one hundred twentieth day after it
shall have become a law; provided, further, that, effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized  and  directed to be made and completed on or before such effective
date.

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