S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10508--A
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Paulin,
   Dinowitz) -- read once and referred to the Committee on Higher  Educa-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to  authorizing  licensed
   pharmacists  to  administer  an  approved  vaccine  for  COVID-19; and
   providing for the repeal of such provisions upon expiration thereof
 
   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, meningococcal, tetanus, diphtheria,
 COVID-19, 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 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,  COVID-19,  or
 pertussis  disease  and  medications required for emergency treatment of
 anaphylaxis. If the commissioner of health determines that there  is  an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16067-04-0

 A. 10508--A                         2
 
 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, COVID-19, 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.
   §  4.  This  act shall take effect no sooner than ninety days from the
 date of approval of a COVID-19 immunization by the  United  States  Food
 and  Drug  Administration's Center for Biologics Evaluation and Research
 and shall expire and be deemed repealed July 1, 2022;  provided  further
 that this act shall not take effect until the commissioner of health and
 the commissioner of education jointly certify that the administration of
 such  immunization pursuant to this act would be in the best interest of
 public health; provided that the commissioner of health and the  commis-
 sioner  of  education shall notify the legislative bill drafting commis-
 sion upon the occurrence of such certification in order that the commis-
 sion may maintain an accurate and timely  effective  data  base  of  the
 official  text  of  the  laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law; provided further, 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 repeal of  such
 subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as
 amended, 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.