S T A T E O F N E W Y O R K
________________________________________________________________________
4975
2019-2020 Regular Sessions
I N S E N A T E
April 3, 2019
___________
Introduced by Sen. BRESLIN -- 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 authorizing the admin-
istration of vaccines for hepatitis A, hepatitis B, and human papillo-
mavirus by a licensed pharmacist and by a certified nurse practitioner
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, HEPATITIS B, HUMAN
PAPILLOMAVIRUS, 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. Paragraph a of 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:
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, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS,
meningococcal, tetanus, diphtheria or pertussis disease and medications
required for emergency treatment of anaphylaxis. If the commissioner of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10533-01-9
S. 4975 2
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.
§ 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, HEPATITIS A, HEPATITIS B,
HUMAN PAPILLOMAVIRUS, meningococcal, tetanus, diphtheria or pertussis
disease and medications required for emergency treatment of anaphylaxis.
Nothing in this subdivision shall authorize unlicensed persons to admin-
ister immunizations, vaccines or other drugs.
§ 4. 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 not affect the expiration and
repeal of such subdivision and shall be deemed repealed therewith; and
(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.