The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6511--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN, DINOWITZ, SCHIMMINGER, CROUCH, FAHY,
   HEVESI, STECK, WEPRIN, LUPARDO, BLANKENBUSH, JONES, ORTIZ,  BENEDETTO,
   GARBARINO,  SMITH, QUART -- Multi-Sponsored by -- M. of A. HAWLEY, RA,
   SIMON, THIELE, WALKER -- read once and referred 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  and emergency treatment of anaphylaxis; 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  pharma-
   cists,  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
 
   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 VACCINES LISTED IN THE  RECOMMENDED  ADULT
 IMMUNIZATION  SCHEDULE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION
 and medications required for emergency treatment of anaphylaxis.   Noth-
 ing in this subdivision shall authorize unlicensed persons to administer
 immunizations, vaccines or other drugs.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07157-04-9

 A. 6511--A                          2
 
   §  2.  Subdivision 22 of section 6802 of the education law, as amended
 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
 read as follows:
   22.  "Administer",  for the purpose of section sixty-eight hundred one
 of this article, means:
   a. the direct application of an immunizing agent to adults, whether by
 injection, ingestion, inhalation 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,  meningococcal,  tetanus, diphtheria or pertussis
 disease] AND VACCINES LISTED IN THE RECOMMENDED ADULT IMMUNIZATION SCHE-
 DULE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION  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.
   b. the direct application of an immunizing agent to  children  between
 the  ages of two and eighteen years of age, whether by injection, inges-
 tion, inhalation or any other means,  pursuant  to  a  patient  specific
 order  or non-patient specific regimen prescribed or ordered by a physi-
 cian or certified nurse practitioner, [who has a practice  site  in  the
 county  or  adjoining county in which the immunization is administered,]
 for immunization to prevent influenza and medications required for emer-
 gency treatment of anaphylaxis resulting from such immunization. If  the
 commissioner  of health determines that there is an outbreak of influen-
 za, or that there is the imminent threat of an  outbreak  of  influenza,
 then the commissioner of health may issue a non-patient specific regimen
 applicable statewide.
   § 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 VACCINES LISTED IN THE RECOMMENDED
 ADULT IMMUNIZATION SCHEDULE BY  THE  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION  and  medications required for emergency treatment of anaphy-
 laxis.  Nothing in this subdivision shall authorize  unlicensed  persons
 to administer immunizations, vaccines or other drugs.
   § 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 section 3  of  part
 DD of chapter 57 of the laws of 2018, is amended to read as follows:
   §  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,
 2020].
   § 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 section 4 of part DD of chapter 57 of the laws of 2018, is amended to
 read as follows:
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law[, provided, however, that the provisions  of  sections

 A. 6511--A                          3

 one,  two  and four of this act shall expire and be deemed repealed July
 1, 2020 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].
   § 6. This act shall take effect immediately.