S T A T E O F N E W Y O R K
________________________________________________________________________
7698
2013-2014 Regular Sessions
I N A S S E M B L Y
May 31, 2013
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to the administration of
immunizing agents by a licensed pharmacist
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 22 of section 6802 of the education law, as
amended by chapter 116 of the laws of 2012, 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. ADULTS, PURSUANT TO a patient specific order or non-patient specif-
ic regimen prescribed or ordered by a physician or certified nurse prac-
titioner, who has a practice site in the county in which the immuniza-
tion is administered, for immunizations to prevent influenza or
pneumococcal disease and medications required for emergency treatment of
anaphylaxis [or];
b. CHILDREN NINE YEARS OF AGE OR OLDER IN THE CITY OF NEW YORK, PURSU-
ANT TO A PATIENT SPECIFIC ORDER OR NON-PATIENT SPECIFIC REGIMEN
PRESCRIBED OR ORDERED BY A PHYSICIAN OR CERTIFIED NURSE PRACTITIONER,
FOR IMMUNIZATIONS TO PREVENT INFLUENZA OR PNEUMOCOCCAL DISEASE AND MEDI-
CATIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS;
C. ADULTS, PURSUANT TO a patient specific order prescribed or ordered
by a physician or certified nurse practitioner for immunizations to
prevent acute herpes zoster. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11197-02-3
A. 7698 2
agents to prevent influenza or pneumococcal disease and medications
required for emergency treatment of anaphylaxis[.];
D. ADULTS, PURSUANT TO A PATIENT SPECIFIC ORDER OR NON-PATIENT SPECIF-
IC REGIMEN PRESCRIBED OR ORDERED BY A PHYSICIAN OR CERTIFIED NURSE PRAC-
TITIONER, FOR IMMUNIZATIONS TO PREVENT MENINGOCOCCAL DISEASE.
S 2. Paragraph (a) of subdivision 7 of section 6527 of the education
law, as amended by chapter 116 of the laws of 2012, is amended to read
as follows:
(a) A licensed physician may prescribe and order a non-patient specif-
ic 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 pneumococcal
disease, IMMUNIZATIONS TO PREVENT MENINGOCOCCAL DISEASE, and medications
required for emergency treatment of anaphylaxis. Nothing in this subdi-
vision shall authorize unlicensed persons to administer immunizations,
vaccines or other drugs.
S 3. Paragraph (a) of subdivision 7 of section 6909 of the education
law, as amended by chapter 116 of the laws of 2012, is amended to read
as follows:
(a) A certified nurse practitioner may prescribe and order a non-pa-
tient 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, IMMUNIZATIONS TO PREVENT MENINGOCOCCAL DISEASE, and medica-
tions required for emergency treatment of anaphylaxis. Nothing in this
subdivision shall authorize unlicensed persons to administer immuniza-
tions, vaccines or other drugs.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law provided, that:
(a) the amendments to subdivision 22 of section 6802 of the education
law made by section one of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith;
(b) the amendments to subdivision 7 of section 6527 of the education
law made by section two of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith;
(c) the amendments to subdivision 7 of section 6909 of the education
law made by section three of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith.