NY State Assembly Bill 2021-A3023B

Assembly Bill A3023B

2021-2022 Legislative Session

Authorizes the administration of vaccines for hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist

download bill text pdf

Archive: Last Bill Status - In Assembly 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 05, 2022	referred to higher education
May 14, 2021	print number 3023b
May 14, 2021	amend (t) and recommit to higher education
Mar 29, 2021	print number 3023a
Mar 29, 2021	amend (t) and recommit to higher education
Jan 22, 2021	referred to higher education

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

2021-A3023 - Details

See Senate Version of this Bill:: S4698
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in 2019-2020 Legislative Session:: A6846, S4975

2021-A3023 - Summary

Authorizes the administration of vaccines for hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist.

2021-A3023 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3023
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD,  FAHY, DICKENS, LUPARDO, PICHARDO,
   DE LA ROSA, CRUZ,  NORRIS,  MORINELLO,  DeSTEFANO,  GOTTFRIED,  SIMON,
   O'DONNELL,  STIRPE,  REYES, BLANKENBUSH, BUTTENSCHON, B. MILLER, NIOU,
   MIKULIN, JACOBSON, WALLACE, DINOWITZ, SEAWRIGHT,  STECK,  BRABENEC  --
   Multi-Sponsored  by  --  M.  of  A.  McDONOUGH, TAGUE -- read once and
   referred 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. Subdivision 7 of section 6527 of the education law, as amended by
 chapter 110 of the laws of 2020, 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, COVID-19, or pertus-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01880-01-1

 A. 3023                             2
 
 sis  disease and medications required for emergency treatment of anaphy-
 laxis. Nothing in this subdivision shall authorize unlicensed persons to
 administer immunizations, vaccines or other drugs.
   §  3.  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
 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.
   §  4.  Paragraph  a of subdivision 22 of section 6802 of the education
 law, as amended by chapter 110 of the laws of 2020, 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, COVID-19, 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.
   § 5. 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.
   § 6. Subdivision 7 of section 6909 of the education law, as amended by
 chapter 110 of the laws of 2020, 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,  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.

 A. 3023                             3
 
   § 7. 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 two of this act shall take effect on the  same  date
 and  in the same manner as section 1 of chapter 110 of the laws of 2020,
 takes effect;
   (b) the amendments to subdivision 7 of section 6527 of  the  education
 law made by this act shall not affect the expiration of such subdivision
 and shall be deemed to expire therewith;
   (c)  the amendments to subdivision 22 of section 6802 of the education
 law made by section four of this act shall take effect on the same  date
 and  in the same manner as section 2 of chapter 110 of the laws of 2020,
 takes effect;
   (d) the amendments to subdivision 22 of section 6802 of the  education
 law  made by this act shall not affect the expiration and repeal of such
 subdivision and shall be deemed repealed therewith;
   (e) the amendments to subdivision 7 of section 6909 of  the  education
 law  made by this act shall take effect on the same date and in the same
 manner as section 3 of chapter 110 of the laws of  2020,  takes  effect;
 and
   (f)  the  amendments to subdivision 7 of section 6909 of the education
 law made by section six of this act shall not affect the  expiration  of
 such subdivision and shall be deemed to expire therewith.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2021-A3023A - Details

See Senate Version of this Bill:: S4698
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in 2019-2020 Legislative Session:: A6846, S4975

2021-A3023A - Summary

Authorizes the administration of vaccines for hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist.

2021-A3023A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3023--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD,  FAHY, DICKENS, LUPARDO, PICHARDO,
   DE LA ROSA, CRUZ,  NORRIS,  MORINELLO,  DeSTEFANO,  GOTTFRIED,  SIMON,
   O'DONNELL,  STIRPE,  REYES, BLANKENBUSH, BUTTENSCHON, B. MILLER, NIOU,
   MIKULIN, JACOBSON, WALLACE, DINOWITZ, SEAWRIGHT,  STECK,  BRABENEC  --
   Multi-Sponsored  by  --  M.  of  A.  McDONOUGH, TAGUE -- 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 authorizing the admin-
   istration of vaccines for hepatitis A, hepatitis B, human papillomavi-
   rus,  measles, mumps, rubella, varicella and polio by a licensed phar-
   macist
 
   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,] ADMINISTERING IMMUNIZING AGENTS TO PREVENT  SEASONAL  INFLUENZA  TO
 PATIENTS  TWO  YEARS OF AGE OR OLDER, FOR PATIENTS EIGHTEEN YEARS OF AGE
 OR OLDER TO ADMINISTER IMMUNIZING AGENTS TO PREVENT pneumococcal,  acute
 herpes  zoster, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES,
 MUMPS, RUBELLA, VARICELLA, POLIO, meningococcal, tetanus, diphtheria  or
 pertussis  disease  and  medications required for emergency treatment of
 anaphylaxis IF THE COMMISSIONER  OF  HEALTH  IN  CONSULTATION  WITH  THE
 COMMISSIONER OF EDUCATION DETERMINES THAT AN IMMUNIZATION:  (I)  MAY  BE
 ADMINISTERED  BY PHARMACISTS; (II) IS NEEDED TO PREVENT THE TRANSMISSION
 OF A REPORTABLE COMMUNICABLE DISEASE THAT IS  PREVALENT IN   NEW    YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01880-06-1

 A. 3023--A                          2
 
 STATE; AND (III) THE IMMUNIZATION IS RECOMMENDED BY THE ADVISORY COMMIT-
 TEE  ON  IMMUNIZATION  PRACTICES OF THE CENTERS FOR DISEASE CONTROL  AND
 PREVENTION. Nothing  in  this  subdivision  shall  authorize  unlicensed
 persons to administer immunizations, vaccines or other drugs.
   § 2. Subdivision 7 of section 6527 of the education law, as amended by
 chapter 110 of the laws of 2020, 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,] ADMINISTERING IMMUNIZING AGENTS TO PREVENT  SEASONAL  INFLUENZA  TO
 PATIENTS  TWO  YEARS OF AGE OR OLDER, FOR PATIENTS EIGHTEEN YEARS OF AGE
 OR OLDER TO ADMINISTER IMMUNIZING AGENTS TO PREVENT pneumococcal,  acute
 herpes  zoster, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES,
 MUMPS, RUBELLA, VARICELLA, POLIO,  meningococcal,  tetanus,  diphtheria,
 COVID-19,  or  pertussis  disease and medications required for emergency
 treatment of anaphylaxis IF THE COMMISSIONER OF HEALTH  IN  CONSULTATION
 WITH THE COMMISSIONER OF EDUCATION DETERMINES THAT AN IMMUNIZATION:  (I)
 MAY  BE ADMINISTERED BY PHARMACISTS; (II) IS NEEDED TO PREVENT THE TRAN-
 SMISSION OF A REPORTABLE COMMUNICABLE DISEASE THAT IS  PREVALENT IN  NEW
 YORK   STATE; AND  (III) THE IMMUNIZATION IS RECOMMENDED BY THE ADVISORY
 COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR  DISEASE  CONTROL
 AND  PREVENTION.  Nothing in this subdivision shall authorize unlicensed
 persons to administer immunizations, vaccines or other drugs.
   § 3. 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,] FOR IMMUNIZA-
 TIONS TO PREVENT SEASONAL INFLUENZA TO PATIENTS  TWO  YEARS  OF  AGE  OR
 OLDER,  FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER TO ADMINISTER IMMUN-
 IZING AGENTS TO PREVENT pneumococcal, acute herpes zoster, HEPATITIS  A,
 HEPATITIS  B,  HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICELLA,
 POLIO, meningococcal, tetanus, diphtheria or pertussis disease and medi-
 cations required for emergency treatment of anaphylaxis IF  THE  COMMIS-
 SIONER  OF  HEALTH  IN  CONSULTATION  WITH THE COMMISSIONER OF EDUCATION
 DETERMINES THAT AN IMMUNIZATION:  (I)  MAY  BE ADMINISTERED  BY  PHARMA-
 CISTS; (II) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORTABLE COMMU-
 NICABLE  DISEASE THAT IS  PREVALENT IN  NEW  YORK  STATE; AND  (III) THE
 IMMUNIZATION IS RECOMMENDED BY THE ADVISORY  COMMITTEE  ON  IMMUNIZATION
 PRACTICES  OF  THE CENTERS FOR  DISEASE CONTROL  AND PREVENTION.  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.
   §  4.  Paragraph  a of subdivision 22 of section 6802 of the education
 law, as amended by chapter 110 of the laws of 2020, 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-

 A. 3023--A                          3
 
 tice site in the county or adjoining county in which the immunization is
 administered, [for immunizations to prevent  influenza,]  FOR  IMMUNIZA-
 TIONS  TO  PREVENT  SEASONAL  INFLUENZA  TO PATIENTS TWO YEARS OF AGE OR
 OLDER,  FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER TO ADMINISTER IMMUN-
 IZING AGENTS TO PREVENT pneumococcal, acute herpes zoster, HEPATITIS  A,
 HEPATITIS  B,  HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICELLA,
 POLIO,  meningococcal,  tetanus,  diphtheria,  COVID-19,  or   pertussis
 disease  and medications required for emergency treatment of anaphylaxis
 IF THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE  COMMISSIONER  OF
 EDUCATION  DETERMINES THAT AN IMMUNIZATION: (I)  MAY  BE ADMINISTERED BY
 PHARMACISTS; (II) IS NEEDED TO PREVENT THE TRANSMISSION OF A  REPORTABLE
 COMMUNICABLE  DISEASE THAT IS  PREVALENT IN  NEW  YORK  STATE; AND (III)
 THE IMMUNIZATION IS RECOMMENDED BY THE ADVISORY COMMITTEE  ON  IMMUNIZA-
 TION  PRACTICES OF THE CENTERS FOR  DISEASE CONTROL  AND PREVENTION.  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.
   § 5. 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,] ADMINISTERING IMMUNIZING AGENTS TO PREVENT SEASONAL INFLUEN-
 ZA TO PATIENTS TWO YEARS OF AGE OR OLDER, FOR PATIENTS EIGHTEEN YEARS OF
 AGE OR OLDER TO ADMINISTER IMMUNIZING AGENTS  TO  PREVENT  pneumococcal,
 acute  herpes  zoster,  HEPATITIS  A, HEPATITIS B, HUMAN PAPILLOMAVIRUS,
 MEASLES,  MUMPS,  RUBELLA,  VARICELLA,  POLIO,  meningococcal,  tetanus,
 diphtheria  or  pertussis disease and medications required for emergency
 treatment of anaphylaxis IF THE COMMISSIONER OF HEALTH  IN  CONSULTATION
 WITH THE COMMISSIONER OF EDUCATION DETERMINES THAT AN IMMUNIZATION:  (I)
 MAY  BE ADMINISTERED BY PHARMACISTS; (II) IS NEEDED TO PREVENT THE TRAN-
 SMISSION OF A REPORTABLE COMMUNICABLE DISEASE THAT IS  PREVALENT IN  NEW
 YORK   STATE; AND  (III) THE IMMUNIZATION IS RECOMMENDED BY THE ADVISORY
 COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR  DISEASE  CONTROL
 AND  PREVENTION.  Nothing in this subdivision shall authorize unlicensed
 persons to administer immunizations, vaccines or other drugs.
   § 6. Subdivision 7 of section 6909 of the education law, as amended by
 chapter 110 of the laws of 2020, 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,] ADMINISTERING IMMUNIZING AGENTS TO PREVENT SEASONAL INFLUEN-
 ZA TO PATIENTS TWO YEARS OF AGE OR OLDER, FOR PATIENTS EIGHTEEN YEARS OF
 AGE  OR  OLDER  TO ADMINISTER IMMUNIZING AGENTS TO PREVENT pneumococcal,
 acute herpes zoster, HEPATITIS A,  HEPATITIS  B,  HUMAN  PAPILLOMAVIRUS,
 MEASLES,  MUMPS,  RUBELLA,  VARICELLA,  POLIO,  meningococcal,  tetanus,
 diphtheria, COVID-19, or pertussis disease and medications required  for
 emergency  treatment  of  anaphylaxis  IF  THE COMMISSIONER OF HEALTH IN
 CONSULTATION WITH THE  COMMISSIONER  OF  EDUCATION  DETERMINES  THAT  AN
 IMMUNIZATION:   (I)  MAY  BE ADMINISTERED BY PHARMACISTS; (II) IS NEEDED
 TO PREVENT THE TRANSMISSION OF A REPORTABLE COMMUNICABLE DISEASE THAT IS
 PREVALENT IN  NEW  YORK  STATE; AND   (III) THE IMMUNIZATION  IS  RECOM-
 MENDED  BY  THE  ADVISORY  COMMITTEE  ON  IMMUNIZATION  PRACTICES OF THE

 A. 3023--A                          4
 
 CENTERS FOR  DISEASE CONTROL  AND PREVENTION. Nothing in  this  subdivi-
 sion  shall  authorize  unlicensed  persons to administer immunizations,
 vaccines or other drugs.
   § 7. 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 two of this act shall take effect on the  same  date
 and  in the same manner as section 1 of chapter 110 of the laws of 2020,
 takes effect;
   (b) the amendments to subdivision 7 of section 6527 of  the  education
 law made by this act shall not affect the expiration of such subdivision
 and shall be deemed to expire therewith;
   (c)  the amendments to subdivision 22 of section 6802 of the education
 law made by section four of this act shall take effect on the same  date
 and  in the same manner as section 2 of chapter 110 of the laws of 2020,
 takes effect;
   (d) the amendments to subdivision 22 of section 6802 of the  education
 law  made by this act shall not affect the expiration and repeal of such
 subdivision and shall be deemed repealed therewith;
   (e) the amendments to subdivision 7 of section 6909 of  the  education
 law  made by this act shall take effect on the same date and in the same
 manner as section 3 of chapter 110 of the laws of  2020,  takes  effect;
 and
   (f)  the  amendments to subdivision 7 of section 6909 of the education
 law made by section six of this act shall not affect the  expiration  of
 such subdivision and shall be deemed to expire therewith.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2021-A3023B (ACTIVE) - Details

See Senate Version of this Bill:: S4698
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in 2019-2020 Legislative Session:: A6846, S4975

2021-A3023B (ACTIVE) - Summary

Authorizes the administration of vaccines for hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist.

2021-A3023B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3023--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD,  FAHY, DICKENS, LUPARDO, PICHARDO,
   DE LA ROSA, CRUZ,  NORRIS,  MORINELLO,  DeSTEFANO,  GOTTFRIED,  SIMON,
   O'DONNELL,  STIRPE,  REYES, BLANKENBUSH, BUTTENSCHON, B. MILLER, NIOU,
   MIKULIN, JACOBSON,  WALLACE,  DINOWITZ,  SEAWRIGHT,  STECK,  BRABENEC,
   RAMOS, GALLAHAN, DURSO, ENGLEBRIGHT, TAGUE, ANGELINO, DAVILA, LEMONDES
   --  Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred
   to the Committee on Higher Education  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to authorizing the admin-
   istration of vaccines for hepatitis A, hepatitis B, human papillomavi-
   rus,  measles,  mumps,  rubella,  varicella and COVID-19 by a licensed
   pharmacist and requiring pharmacists who administer  immunizations  to
   report the immunizations to the department of health
 
   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,]IMMUNIZING  AGENTS TO PREVENT INFLUENZA TO PATIENTS TWO YEARS OF AGE
 OR OLDER, AND FOR PATIENTS EIGHTEEN YEARS OF AGE OR  OLDER,  PHARMACISTS
 MAY  ADMINISTER  IMMUNIZING AGENTS TO PREVENT pneumococcal, acute herpes
 zoster, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES,  MUMPS,
 RUBELLA,  VARICELLA,  meningococcal,  tetanus,  diphtheria,  COVID-19 or
 pertussis disease and medications required for  emergency  treatment  of
 anaphylaxis;  AND  FOR  OTHER  IMMUNIZATIONS RECOMMENDED BY THE ADVISORY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01880-11-1

 A. 3023--B                          2
 
 COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR  DISEASE  CONTROL
 AND  PREVENTION  FOR  PATIENTS  EIGHTEEN  YEARS  OF  AGE OR OLDER IF THE
 COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER  OF  EDUCA-
 TION  DETERMINES  THAT AN IMMUNIZATION:  (I) (A) MAY  BE ADMINISTERED BY
 PHARMACISTS; AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF A  REPORT-
 ABLE  COMMUNICABLE  DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II)
 IS A RECOMMENDED VACCINATION FOR ADULTS WHO MEET AGE REQUIREMENTS,  LACK
 DOCUMENTATION  OF  VACCINATION, LACK EVIDENCE OF PAST INFECTION, OR IS A
 RECOMMENDED VACCINATION FOR ADULTS WITH AN  ADDITIONAL  RISK  FACTOR  OR
 ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
 TION PRACTICES (ACIP) OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
 Nothing in this subdivision shall authorize unlicensed persons to admin-
 ister immunizations, vaccines or other drugs.
   § 2. Subdivision 7 of section 6527 of the education law, as amended by
 chapter 110 of the laws of 2020, 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,]IMMUNIZING AGENTS TO PREVENT INFLUENZA TO PATIENTS TWO YEARS OF  AGE
 OR  OLDER,  AND FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER, PHARMACISTS
 MAY ADMINISTER IMMUNIZING AGENTS TO PREVENT pneumococcal,  acute  herpes
 zoster,  HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS,
 RUBELLA, VARICELLA, meningococcal,  tetanus,  diphtheria,  COVID-19,  or
 pertussis  disease  and  medications required for emergency treatment of
 anaphylaxis; AND FOR OTHER IMMUNIZATIONS  RECOMMENDED  BY  THE  ADVISORY
 COMMITTEE  ON  IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL
 AND PREVENTION FOR PATIENTS EIGHTEEN  YEARS  OF  AGE  OR  OLDER  IF  THE
 COMMISSIONER  OF  HEALTH IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
 TION DETERMINES THAT AN IMMUNIZATION:   (I)(A) MAY  BE  ADMINISTERED  BY
 PHARMACISTS;  AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORT-
 ABLE COMMUNICABLE DISEASE THAT IS  PREVALENT IN  NEW   YORK   STATE;  OR
 (II)  IS A RECOMMENDED VACCINATION FOR ADULTS WHO MEET AGE REQUIREMENTS,
 LACK DOCUMENTATION OF VACCINATION, LACK EVIDENCE OF PAST  INFECTION,  OR
 IS  A  RECOMMENDED VACCINATION FOR ADULTS WITH AN ADDITIONAL RISK FACTOR
 OR ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUN-
 IZATION  PRACTICES  (ACIP)  OF  THE  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION.  Nothing  in  this  subdivision  shall  authorize unlicensed
 persons to administer immunizations, vaccines or other drugs.
   § 3. 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[,] TO PATIENTS TWO
 YEARS OF AGE OR OLDER, AND FOR PATIENTS EIGHTEEN YEARS OF AGE OR  OLDER,
 PHARMACISTS  MAY  ADMINISTER  IMMUNIZING AGENTS TO PREVENT pneumococcal,
 acute herpes zoster, HEPATITIS A,  HEPATITIS  B,  HUMAN  PAPILLOMAVIRUS,
 MEASLES,  MUMPS,  RUBELLA, VARICELLA, meningococcal, tetanus, diphtheria
 or pertussis disease and medications required for emergency treatment of
 anaphylaxis; AND FOR OTHER IMMUNIZATIONS  RECOMMENDED  BY  THE  ADVISORY
 COMMITTEE  ON  IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL
 AND PREVENTION FOR PATIENTS EIGHTEEN  YEARS  OF  AGE  OR  OLDER  IF  THE

 A. 3023--B                          3

 COMMISSIONER  OF  HEALTH IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
 TION DETERMINES THAT AN IMMUNIZATION: (I)(A) MAY    BE  ADMINISTERED  BY
 PHARMACISTS;  AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORT-
 ABLE  COMMUNICABLE  DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II)
 IS A RECOMMENDED VACCINATION FOR ADULTS WHO MEET AGE REQUIREMENTS,  LACK
 DOCUMENTATION  OF  VACCINATION, LACK EVIDENCE OF PAST INFECTION, OR IS A
 RECOMMENDED VACCINATION FOR ADULTS WITH AN  ADDITIONAL  RISK  FACTOR  OR
 ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
 TION PRACTICES (ACIP) OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
 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.
   § 4. Paragraph a of subdivision 22 of section 6802  of  the  education
 law,  as  amended by chapter 110 of the laws of 2020, 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[,] TO PATIENTS TWO
 YEARS OF AGE OR OLDER, AND FOR PATIENTS EIGHTEEN YEARS OF AGE OR  OLDER,
 PHARMACISTS  MAY  ADMINISTER  IMMUNIZING AGENTS TO PREVENT pneumococcal,
 acute herpes zoster, HEPATITIS A,  HEPATITIS  B,  HUMAN  PAPILLOMAVIRUS,
 MEASLES,  MUMPS, RUBELLA, VARICELLA, meningococcal, tetanus, diphtheria,
 COVID-19, or pertussis disease and medications  required  for  emergency
 treatment of anaphylaxis; AND FOR OTHER IMMUNIZATIONS RECOMMENDED BY THE
 ADVISORY  COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE
 CONTROL AND PREVENTION FOR PATIENTS EIGHTEEN YEARS OF AGE  OR  OLDER  IF
 THE  COMMISSIONER  OF  HEALTH  IN  CONSULTATION WITH THE COMMISSIONER OF
 EDUCATION DETERMINES THAT AN IMMUNIZATION: (I) (A) MAY  BE  ADMINISTERED
 BY  PHARMACISTS;  AND  (B)  IS  NEEDED  TO PREVENT THE TRANSMISSION OF A
 REPORTABLE COMMUNICABLE DISEASE THAT IS  PREVALENT IN  NEW  YORK  STATE;
 OR (II) IS A RECOMMENDED VACCINATION FOR ADULTS WHO  MEET  AGE  REQUIRE-
 MENTS,   LACK  DOCUMENTATION  OF  VACCINATION,  LACK  EVIDENCE  OF  PAST
 INFECTION, OR IS A RECOMMENDED VACCINATION FOR ADULTS WITH AN ADDITIONAL
 RISK FACTOR OR ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMIT-
 TEE ON IMMUNIZATION PRACTICES (ACIP) OF THE CENTERS FOR DISEASE  CONTROL
 AND  PREVENTION.  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-pa-
 tient specific regimen applicable statewide.
   § 5. 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,] IMMUNIZING AGENTS TO PREVENT INFLUENZA TO PATIENTS TWO YEARS
 OF AGE OR OLDER, AND FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER,  PHAR-
 MACISTS  MAY ADMINISTER IMMUNIZING AGENTS TO PREVENT pneumococcal, acute
 herpes zoster, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS,  MEASLES,
 MUMPS, RUBELLA, VARICELLA, meningococcal, tetanus, diphtheria or pertus-
 sis  disease and medications required for emergency treatment of anaphy-
 laxis; AND FOR OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE

 A. 3023--B                          4
 
 ON IMMUNIZATION  PRACTICES  OF  THE  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION  FOR  PATIENTS  EIGHTEEN YEARS OF AGE OR OLDER IF THE COMMIS-
 SIONER OF HEALTH IN CONSULTATION  WITH  THE  COMMISSIONER  OF  EDUCATION
 DETERMINES  THAT AN IMMUNIZATION:  (I) (A) MAY  BE ADMINISTERED BY PHAR-
 MACISTS; AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF  A  REPORTABLE
 COMMUNICABLE DISEASE THAT IS  PREVALENT IN  NEW  YORK  STATE; OR (II) IS
 A  RECOMMENDED  VACCINATION  FOR  ADULTS WHO MEET AGE REQUIREMENTS, LACK
 DOCUMENTATION OF VACCINATION, LACK EVIDENCE OF PAST INFECTION, OR  IS  A
 RECOMMENDED  VACCINATION  FOR  ADULTS  WITH AN ADDITIONAL RISK FACTOR OR
 ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
 TION PRACTICES (ACIP) OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
 Nothing in this subdivision shall authorize unlicensed persons to admin-
 ister immunizations, vaccines or other drugs.
   § 6. Subdivision 7 of section 6909 of the education law, as amended by
 chapter 110 of the laws of 2020, 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,]  ADMINISTERING  IMMUNIZING  AGENTS  TO  PREVENT INFLUENZA TO
 PATIENTS TWO YEARS OF AGE OR OLDER, AND FOR PATIENTS EIGHTEEN  YEARS  OF
 AGE  OR  OLDER,  PHARAMCISTS MAY ADMINISTER IMMUNIZING AGENTS TO PREVENT
 pneumococcal, acute herpes  zoster,  HEPATITIS  A,  HEPATITIS  B,  HUMAN
 PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICELLA, meningococcal, teta-
 nus, diphtheria, COVID-19, or pertussis disease and medications required
 for  emergency  treatment  of  anaphylaxis;  AND FOR OTHER IMMUNIZATIONS
 RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES  OF  THE
 CENTERS  FOR  DISEASE CONTROL AND PREVENTION FOR PATIENTS EIGHTEEN YEARS
 OF AGE OR OLDER IF THE COMMISSIONER OF HEALTH IN CONSULTATION  WITH  THE
 COMMISSIONER  OF EDUCATION DETERMINES THAT AN IMMUNIZATION:  (I) (A) MAY
 BE ADMINISTERED BY PHARMACISTS; AND (B) IS NEEDED TO PREVENT THE  TRANS-
 MISSION  OF A REPORTABLE COMMUNICABLE DISEASE THAT IS  PREVALENT IN  NEW
 YORK  STATE; OR (II) IS A RECOMMENDED VACCINATION FOR  ADULTS  WHO  MEET
 AGE  REQUIREMENTS,  LACK  DOCUMENTATION OF VACCINATION, LACK EVIDENCE OF
 PAST INFECTION, OR IS A RECOMMENDED VACCINATION FOR ADULTS WITH AN ADDI-
 TIONAL RISK FACTOR OR ANOTHER INDICATION AS RECOMMENDED BY THE  ADVISORY
 COMMITTEE  ON  IMMUNIZATION  PRACTICES (ACIP) OF THE CENTERS FOR DISEASE
 CONTROL AND PREVENTION.   Nothing in this  subdivision  shall  authorize
 unlicensed persons to administer immunizations, vaccines or other drugs.
   §  7.  A  pharmacist  who administers an immunization shall report the
 immunization to the department of health either  through  the  statewide
 immunization  information  system  or the citywide immunization registry
 under section  2168  of  the  public  health  law,  notwithstanding  any
 provision of that section to the contrary.
   § 8. 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 two of this act shall take effect on the  same  date
 and  in the same manner as section 1 of chapter 110 of the laws of 2020,
 takes effect;
   (b) the amendments to subdivision 7 of section 6527 of  the  education
 law made by this act shall not affect the expiration of such subdivision
 and shall be deemed to expire therewith;
   (c)  the amendments to subdivision 22 of section 6802 of the education
 law made by section four of this act shall take effect on the same  date
 and  in the same manner as section 2 of chapter 110 of the laws of 2020,
 takes effect;

 A. 3023--B                          5
 
   (d) the amendments to subdivision 22 of section 6802 of the  education
 law  made by this act shall not affect the expiration and repeal of such
 subdivision and shall be deemed repealed therewith;
   (e)  the  amendments to subdivision 7 of section 6909 of the education
 law made by section six of this act shall take effect on the  same  date
 and  in the same manner as section 3 of chapter 110 of the laws of 2020,
 takes effect; and
   (f) the amendments to subdivision 7 of section 6909 of  the  education
 law made by this act shall not affect the expiration of such subdivision
 and shall be deemed to expire therewith.

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Assembly Bill A3023B

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Sponsored By

MCDONALD

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Patricia Fahy

Inez E. Dickens

Donna Lupardo

Victor M. Pichardo

multi-Sponsors

David McDonough

Chris Tague

2021-A3023 - Details

2021-A3023 - Summary

2021-A3023 - Bill Text download pdf

co-Sponsors

Patricia Fahy

Inez E. Dickens

Donna Lupardo

Victor M. Pichardo

multi-Sponsors

David McDonough

2021-A3023A - Details

2021-A3023A - Summary

2021-A3023A - Bill Text download pdf

co-Sponsors

Patricia Fahy

Inez E. Dickens

Donna Lupardo

Victor M. Pichardo

multi-Sponsors

David McDonough

2021-A3023B (ACTIVE) - Details

2021-A3023B (ACTIVE) - Summary

2021-A3023B (ACTIVE) - Bill Text download pdf

Comments