NY State Senate Bill 2015-S7321

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2016	referred to higher education

co-Sponsors

2015-S7321 (ACTIVE) - Details

See Assembly Version of this Bill:: A9529
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L; amd §8, Chap 563 of 2008; amd §5, Chap 116 of 2012
Versions Introduced in Other Legislative Sessions:: 2017-2018: S321, A455
2019-2020: A6511
2021-2022: A1221

2015-S7321 (ACTIVE) - Summary

Relates to pharmacist immunizations; makes certain provisions permanent.

2015-S7321 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7321

 TITLE OF BILL :

An act to amend the education law, in relation to pharmacist
immunizations; 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
certain provisions permanent; and to amend chapter 116 of the laws of
2012, amending the education law relating to authorizing a licensed
pharmacist and certified nurse practitioner to administer certain
immunizing agents, in relation to making certain provisions permanent

 PURPOSE :

To permit pharmacists to administer immunizations and vaccines listed
in the recommended adult immunization schedule by the Centers for
Disease Control and Prevention.

 SUMMARY OF PROVISIONS :

Section one of the bill amends subdivision 7 of section 6527 of the
education law to authorize physicians to prescribe and order a patient
specific regimen or non-specific patient regimen to a licensed
pharmacist for administering vaccines listed in the recommended adult
immunization schedule by the Centers for Disease Control and

Prevention, and make the provisions permanent.

Section two of the bill amends subdivision 22 of section 6802 of the
education law to eliminate The requirement that the prescribing
physician of nurse practitioner have a practice site in the county or
adjoining county, and allows pharmacists to administer all vaccines
and immunizations listed in the recommended adult immunization
schedule by the Centers for Disease Control and Prevention.

Section three of the bill amends subdivision 7 of Section 6909 of the
education law to authorize certified nurse practitioners to prescribe
and order a patient specific order or non-patient specific regiment to
a licensed pharmacist for administering immunizations and vaccines
listed on the recommended adult immunization schedule by the Centers
for Disease Control and Prevention.

Section four amends section 8 of Chapter 563 of the laws of 2008
relating to immunizing agents to be administered to adults by
pharmacists, by eliminating the expiration and repeal date.

Section five amends section 5 of Chapter 116 of the laws of 2012
authorizing a licensed pharmacist and certified nurse practitioner to
administer certain vaccines, by eliminating the expiration and repeal
date.

Section six provides the 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.  Due to the success
with these vaccines, the legislature subsequently passed laws to allow
pharmacists to administer immunizations to prevent shingles,
meningitis, tetanus, diphtheria, and pertussis.  This bill will expand
their authority to permit pharmacists to administer all immunizations
and vaccines listed in the recommended adult immunization schedule by
the Centers for Disease Control and Prevention.
Under these new provisions, a physician or a nurse practitioner will
be able to issue a patient-specific prescription or a non-specific
patient regimen for a pharmacist to administer these recommended adult
vaccines. The bill also eliminates the requirement that the
prescribing physician of nurse practitioner have a practice site in
the county or adjoining county.

Providing this additional access point of pharmacists-as-immunizers
will significantly expand the availability of CDC adult recommended
vaccines and address two critical issues -- namely the critical
shortage of primary-care physicians statewide, particularly in rural
areas that make adequate healthcare accessibility difficult, and the
fact that many U.S. adults are skipping recommended vaccinations that
could protect them from serious or life-threatening diseases.

New York is one of only four states that do not allow pharmacists to
administer all CDC adult recommended vaccines. The primary way to
increase the very low immunization rate among adults is to allow
pharmacists to administer them directly to the public, as provided in
this legislation.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately after it shall have become law.

2015-S7321 (ACTIVE) - Bill Text download pdf

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

                                  7321

                            I N  S E N A T E

                             April 15, 2016
                               ___________

Introduced  by  Sen.  ROBACH -- 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  pharmacist  immuniza-
  tions;  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  certain
  provisions  permanent;  and  to amend chapter 116 of the laws of 2012,
  amending the education law relating to authorizing a licensed  pharma-
  cist and certified nurse practitioner to administer certain immunizing
  agents, in relation to making certain provisions permanent

  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
amended  by  chapter  46  of  the  laws  of  2015, is amended to read as
follows:
  7. A licensed physician may prescribe and  order  a  patient  specific
order or 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  influen-
za,  pneumococcal, acute herpes zoster, meningococcal, tetanus, diphthe-
ria or pertussis disease and medications required for  emergency  treat-
ment  of  anaphylaxis]  AND  VACCINES  LISTED  IN  THE RECOMMENDED ADULT
IMMUNIZATION SCHEDULE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
Nothing in this subdivision shall authorize unlicensed persons to admin-
ister immunizations, vaccines or other drugs.
  S 2. Subdivision 22 of section 6802 of the education law,  as  amended
by chapter 46 of the laws of 2015, 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 by a physician or certified nurse practitioner, [who has a prac-
tice site in the county or adjoining county in which the immunization is
administered,]  for  immunizations  [to prevent influenza, pneumococcal,

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

                                                           LBD11980-01-5

S. 7321                             2

acute herpes zoster, meningococcal,  tetanus,  diphtheria  or  pertussis
disease and medications required for emergency treatment of anaphylaxis]
AND  VACCINES  LISTED  IN THE RECOMMENDED ADULT IMMUNIZATION SCHEDULE BY
THE  CENTERS FOR DISEASE CONTROL AND PREVENTION.  If the commissioner of
health determines that there is an outbreak of disease, or that there is
the imminent threat of an outbreak of disease, then the commissioner  of
health may issue a non-patient specific regimen applicable statewide.
  S 3. Subdivision 7 of section 6909 of the education law, as amended by
chapter 46 of the laws of 2015, is amended to read as follows:
  7.  A  certified  nurse practitioner may prescribe and order a patient
specific order or 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, pneumococcal, acute herpes  zoster,  meningococcal,  tetanus,
diphtheria  or  pertussis disease and medications required for emergency
treatment of anaphylaxis] AND VACCINES LISTED IN THE  RECOMMENDED  ADULT
IMMUNIZATION SCHEDULE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
Nothing in this subdivision shall authorize unlicensed persons to admin-
ister immunizations, vaccines or other drugs.
  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, as amended by chapter 46  of  the
laws of 2015, 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  July  1,
2019].
  S 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
tion  law  relating  to  authorizing a licensed pharmacist and certified
nurse practitioner to administer certain immunizing agents,  as  amended
by chapter 46 of the laws of 2015, is amended to read as follows:
  S  5.  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,  2019
provided, that:
  (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].
  S 6. This act shall take effect immediately.

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Senate Bill S7321

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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co-Sponsors

2015-S7321 (ACTIVE) - Details

2015-S7321 (ACTIVE) - Summary

2015-S7321 (ACTIVE) - Sponsor Memo

2015-S7321 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

co-Sponsors

Fred Akshar

2015-S7321 (ACTIVE) - Details

2015-S7321 (ACTIVE) - Summary

2015-S7321 (ACTIVE) - Sponsor Memo

2015-S7321 (ACTIVE) - Bill Text download pdf

Comments