S T A T E O F N E W Y O R K
________________________________________________________________________
8661
2017-2018 Regular Sessions
I N A S S E M B L Y
September 1, 2017
___________
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 the definition of the
practice of pharmacy
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 46 of the laws of 2015, is amended to read as
follows:
22. "Administer"[, for] MEANS:
A. 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 practice site in
the county or adjoining county in which the immunization is adminis-
tered, for immunizations to prevent influenza, pneumococcal, acute
herpes zoster, meningococcal, tetanus, diphtheria or pertussis disease
and medications required for emergency treatment of anaphylaxis. 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 applica-
ble statewide.
B. THE INJECTING OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
SUBSTANCE USE DISORDER, AS PRESCRIBED OR ORDERED BY A LICENSED PRESCRI-
BER IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
COMMISSIONER IN CONSULTATION WITH THE BOARD OF PHARMACY.
§ 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] MEANS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13345-01-7
A. 8661 2
A. 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 popu-
lation of seventy-five thousand or less, then the licensed physician or
certified nurse practitioner may be in an adjoining county. Such admin-
istration shall be limited to immunizing agents to prevent influenza or
pneumococcal disease and medications required for emergency treatment of
anaphylaxis.
B. THE INJECTING OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
SUBSTANCE USE DISORDER, AS PRESCRIBED OR ORDERED BY A LICENSED PRESCRI-
BER IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
COMMISSIONER IN CONSULTATION WITH THE BOARD OF PHARMACY.
§ 3. Section 6801 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. A LICENSED PHARMACIST MAY ADMINISTER INJECTABLE MEDICATIONS FOR THE
TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER, AS PRESCRIBED OR
ORDERED BY A LICENSED PRESCRIBER IN THIS STATE AND IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE
BOARD OF PHARMACY.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that:
a. effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed by the commis-
sioner of education on or before such date;
b. 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 be expired therewith, when upon
such date the provisions of section two of this act shall take effect;
c. 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 to expire therewith; and
d. the amendments to section 6801 of the education law made by section
three of this act shall not affect the expiration of such section and
shall be deemed to expire therewith.