NY State Senate Bill 2017-S7189A

Senate Bill S7189A

2017-2018 Legislative Session

Authorizes pharmacists and certified nurse practitioners to provide hepatitis A immunizations

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2018	print number 7189a
Jan 31, 2018	amend and recommit to higher education
Jan 03, 2018	referred to higher education

Bill Amendments

Original

A (Active)

2017-S7189 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2250
2021-2022: S42

2017-S7189 - Summary

Authorizes pharmacists and certified nurse practitioners to provide hepatitis A immunizations.

2017-S7189 - Sponsor Memo

                                
 
BILL NUMBER: S7189

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the education law, in relation to
pharmacist immunizations

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 6527 of the educa-
tion law, as amended by, chapter 46 of the laws of 2015 to add hepatitis
A to the list of diseases for which a licensed physician may prescribe
and order a patient specific order or non-patient specific regimen to a
licensed pharmacist for administering immunizations.

Section 2 of the bill amends subdivision 22 of section 6802 of the
education law, as amended by chapter 46 of the laws of 2015 to add hepa-
titis A to the list of diseases found in the definition of "administer,"
for the purposes of section 6801 of the education law.

Section 3 of the bill amends subdivision 22 of section 6802 of the
education law, as added by chapter 563 of the laws of 2008 to add hepa-
titis A to the list of diseases found in the definition of "administer,"

for the purposes of section 6801 of the education law.

Section 4 of the bill amends section 7 of section 6909 of the education
law, as amended by chapter 46 of the laws of 2015 to add hepatitis A to
the list of diseases for which a certified nurse practitioner may
prescribe and order a patient specific order or non-patient specific
regimen to a licensed pharmacist for administering immunizations.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

According to the Centers for Disease Control and Prevention (CDC), hepa-
titis A is a highly contagious, serious liver disease that often mani-
fests as fever, fatigue, loss of appetite, nausea, vomiting, joint
point, severe stomach pains and diarrhea, and/or jaundice, and can lead
to liver failure or death. Since 1996, hepatitis A vaccinations have
been recommended for adults in the United States, and the number of
cases reported annually has dropped from 31,000 to approximately 100
nationwide. Approximately 50 percent of adults with hepatitis A are
hospitalized.

The CDC recommends that people should get the hepatitis A vaccination if
they are traveling to countries where hepatitis A is common; if they are
a man who has sex with other men; if they use illegal drugs; if they
have chronic liver diseases such as hepatitis B or C; if they are being
treated with clotting-factor concentrates; if they work with hepatitis
A-infected animals or in a hepatitis A research laboratory; or if they
expect to have close personal contact with an international adoptee from
a country where hepatitis A is common. In New York City, the estimated
hepatitis A vaccination rate for children ages 11-18 was 93 percent for
one dose and 80% for the recommended two doses in 2016. However, many
adults have not been vaccinated and remain susceptible.

New York is the only state that does not authorize pharmacists to admin-
ister hepatitis A vaccinations. Forty-six states plus Washington, D.C.
and Puerto Rico permit pharmacists to give any vaccination approved by
the CDC's Advisory Committee on Immunization Practices (ACIP) - includ-
ing hepatitis A and three other states (Florida, West Virginia, and
Wyoming) explicitly allow pharmacists to administer the hepatitis A
vaccine.

In September 2017, the New York City Health Department reported an
outbreak of hepatitis A among 40 men living in the City, primarily men
who had sex or sexual contact with other men - representing a 10-fold
increase over previous years The Health Department has recommended that
men who have regular sexual contact with other men receive the vaccine
for the disease.

New York State already allows pharmacists and certified nurse practi-
tioners to administer vaccinations for influenza, pneumococcal, acute
herpes zoster, meningococcal, tetanus, diphtheria or pertussis disease.
Making the vaccination for hepatitis A more widely available will help
quell the current outbreak of the disease and prevent future outbreaks.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: (a) the
amendments to subdivision 7 of section 6527 of the education law made by
section three of this act shall not affect the expiration of such subdi-
vision and shall be deemed to expire therewith; (b) the amendments to
subdivision 22 of section 6802 of the education law made by section two
of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 5 of chapter 116 of the laws of 2012, as
amended, when upon such date the provisions of section three of this act
shall take effect; (c) the amendments to subdivision 22 of section 6802
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 there-
with; and (d) the amendments to subdivision 7 of section 6909 of the
education law, made by section four of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.

2017-S7189 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7189
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
 
   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 influenza,
 pneumococcal, acute herpes zoster, HEPATITIS A, meningococcal,  tetanus,
 diphtheria  or  pertussis disease and medications required for emergency
 treatment of anaphylaxis. Nothing in this  subdivision  shall  authorize
 unlicensed persons to administer immunizations, vaccines or other drugs.
   §  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,
 acute herpes zoster, HEPATITIS A, 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 applicable statewide.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13534-01-7

 S. 7189                             2
 
   § 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 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 influen-
 za, HEPATITIS A or pneumococcal disease  and  medications  required  for
 emergency treatment of anaphylaxis.
   § 4. 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, HEPATITIS  A,  meningococ-
 cal,  tetanus,  diphtheria or pertussis disease and medications required
 for emergency treatment of  anaphylaxis.  Nothing  in  this  subdivision
 shall authorize unlicensed persons to administer immunizations, vaccines
 or other drugs.
   § 5. This act shall take effect immediately; provided, however, that:
   (a)  the  amendments to subdivision 7 of section 6527 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;
   (b) the amendments to subdivision 22 of section 6802 of the  education
 law  made  by section two of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 5 of  chapter  116
 of  the  laws of 2012, as amended, when upon such date the provisions of
 section three of this act shall take effect;
   (c) the amendments to subdivision 22 of section 6802 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; and
   (d)  the  amendments to subdivision 7 of section 6909 of the education
 law, made by section four of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith.

2017-S7189A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2250
2021-2022: S42

2017-S7189A (ACTIVE) - Summary

Authorizes pharmacists and certified nurse practitioners to provide hepatitis A immunizations.

2017-S7189A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7189A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the education law, in relation to pharmacist immuniza-
tions

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 6527 of the educa-
tion law, as amended by chapter 46 of the laws of 2015 to add hepatitis
A to the list of diseases for which a licensed physician may prescribe
and order a patient specific order or non-patient specific regimen to a
licensed pharmacist for administering immunizations.

Section 2 of the bill amends subdivision 22 of section 6802 of the
education law, as amended by chapter 46 of the laws of 2015 to add hepa-
titis A to the list of diseases found in the definition of "administer,"
for the purposes of section 6801 of the education law.

Section 3 of the bill amends subdivision 22 of section 6802 of the

education law, as added by chapter 563 of the laws of 2008 to add hepa-
titis A to the list of diseases found in the definition of "administer,"
for the purposes of section 6801 of the education law.

Section 4 of the bill amends section 7 of section 6909 of the education
law, as amended by chapter 46 of the laws of 2015 to add hepatitis A to
the list of diseases for which a certified nurse practitioner may
prescribe and order a patient specific order or non-patient specific
regimen to a licensed pharmacist for administering immunizations.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

According to the Centers for Disease Control and Prevention (CDC), hepa-
titis A is a highly contagious, serious liver disease that often mani-
fests as fever, fatigue, loss of appetite, nausea, vomiting, joint
point, severe stomach pains and diarrhea, and/or jaundice, and can lead
to liver failure or death. Since 1996, hepatitis A vaccinations have
been recommended for adults in the United States, and the number of
cases reported annually has dropped from 31,000 to approximately 100
nationwide. Approximately 50 percent of adults with hepatitis A are
hospitalized.

The CDC recommends that people should get the hepatitis A vaccination if
they are traveling to countries where hepatitis A is common; if they are
a man who has sex with other men; if they use illegal drugs; if they
have chronic liver diseases such as hepatitis B or C; if they are being
treated with clotting-factor concentrates; if they work with hepatitis
A-infected animals or in a hepatitis A research laboratory; or if they
expect to have close personal contact with an international adoptee from
a country where hepatitis A is common. In New York City, the estimated
hepatitis A vaccination rate for children ages 11-18 was 93 percent for
one dose and 80% for the recommended two doses in 2016. However, many
adults have not been vaccinated and remain susceptible.


New York is the only state that does not authorize pharmacists to admin-
ister hepatitis A vaccinations. Forty-six states plus Washington, D.C.
and Puerto Rico permit pharmacists to give any vaccination approved by
the CDC's Advisory Committee on Immunization Practices (ACIP) - includ-
ing hepatitis A and three other states (Florida, West Virginia, and
Wyoming) explicitly allow pharmacists to administer the hepatitis A
vaccine.

In September 2017, the New York City Health Department reported an
outbreak of hepatitis A among 40 men living in the City, primarily men
who had sex or sexual contact with other men - representing a 10-fold
increase over previous years The Health Department has recommended that
men who have regular sexual contact with other men receive the vaccine
for the disease.

New York State already allows pharmacists and certified nurse practi-
tioners to administer vaccinations for influenza, pneumococcal, acute
herpes zoster, meningococcal, tetanus, diphtheria or pertussis disease.
Making the vaccination for hepatitis A more widely available will help
quell the current outbreak of the disease and prevent future outbreaks.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, 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 expiration of such subdivi-
sion and shall be deemed to expire therewith; (b) the amendments to
subdivision 22 of section 6802 of the education law made by section two
of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 5 of chapter 116 of the laws of 2012, as
amended, when upon such date the provisions of section three of this act
shall take effect; (c) the amendments to subdivision 22 of section 6802
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 there-
with; and (d) the amendments to subdivision 7 of section 6909 of the
education law, made by section four of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.

2017-S7189A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7189--A
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  pharmacist  immuniza-
   tions

   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 influenza,
 pneumococcal, acute herpes zoster, HEPATITIS A, meningococcal,  tetanus,
 diphtheria  or  pertussis disease and medications required for emergency
 treatment of anaphylaxis. Nothing in this  subdivision  shall  authorize
 unlicensed persons to administer immunizations, vaccines or other drugs.
   §  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,
 acute herpes zoster, HEPATITIS A, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13534-03-8

 S. 7189--A                          2
 
 of  disease,  then  the  commissioner  of health may issue a non-patient
 specific regimen applicable statewide.
   §  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  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 influen-
 za,  HEPATITIS  A  or  pneumococcal disease and medications required for
 emergency treatment of anaphylaxis.
   § 4. 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, HEPATITIS A, meningococ-
 cal, tetanus, diphtheria or pertussis disease and  medications  required
 for  emergency  treatment  of  anaphylaxis.  Nothing in this subdivision
 shall authorize unlicensed persons to administer immunizations, vaccines
 or other drugs.
   § 5. This act shall take effect immediately; provided, however, 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 expiration of
 such subdivision and shall be deemed to expire therewith;
   (b) the amendments to subdivision 22 of section 6802 of the  education
 law  made  by section two of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 5 of  chapter  116
 of  the  laws of 2012, as amended, when upon such date the provisions of
 section three of this act shall take effect;
   (c) the amendments to subdivision 22 of section 6802 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; and
   (d)  the  amendments to subdivision 7 of section 6909 of the education
 law, made by section four of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith.

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