NY State Senate Bill 2021-S42

Senate Bill S42

2021-2022 Legislative Session

Authorizes pharmacists and certified nurse practitioners to provide hepatitis A and hepatitis B 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
Jan 06, 2021	referred to higher education

2021-S42 (ACTIVE) - Details

See Assembly Version of this Bill:: A867
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7189, A9073
2019-2020: S2250, A2900

2021-S42 (ACTIVE) - Summary

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

2021-S42 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S42

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 6527 of the educa-
tion law to add hepatitis A and hepatitis B 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 to add hepatitis A and hepatitis B 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 7 of section 6909 of the educa-
tion law to add hepatitis A and hepatitis B 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 4 of the bill establishes the effective date.

 
JUSTIFICATION:

Hepatitis A and B are both serious, highly communicable diseases of the
liver caused by viral infections. However, both diseases are vaccine
preventable and the Centers for Disease Control and Prevention (CDC)
recommend vaccination as the best way to prevent these diseases.

According to the CDC, hepatitis A is a highly contagious, serious liver
disease that often manifests as fever, fatigue, loss of appetite,
nausea, vomiting, joint pain, 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 hepa-
titis 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.
Additionally, the CDC designates the following populations to be at risk
for hepatitis B: infants born to infected mothers; sex partners of
infected persons; men who have sex with other men; injection drug users;
household members or sexual partners of someone with a chronic HBV
infection; health care and public safety workers at risk for occupa-
tional exposure to blood or blood-contaminated body fluids; and hemo-
dialysis patients.

New York is the only state that does not authorize pharmacists to admin-
ister hepatitis A and B 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) -
including hepatitis A and B - and three other states (Florida, West
Virginia, and Wyoming) explicitly allow pharmacists to administer the
hepatitis A and B 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.

More recently, New York City Health officials have reported at least 17
cases of Hepatitis A among men who have sex with men so far in 2019.
None of those 17 patients had received the hepatitis A vaccine, and City
Officials urged all men who have sex with men to receive their vaccina-
tions.

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 and B more widely available will
help quell the current outbreak of the disease and prevent future
outbreaks.

 
LEGISLATIVE HISTORY:

S.2250-A of 2019-2020 (Hoylman): Died in Higher Education
A.2900 of 2019-2020 (Gottfried): Died in Higher Education
S.7189-A of 2018 (Hoylman): Died in Higher Education

 
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
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
of such subdivision pursuant to section 8 of chapter 563 of the laws of
2008, as amended, and shall be deemed repealed therewith;
(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.

2021-S42 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    42
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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, HEPATITIS B, 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.
   § 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, meningococ-
 cal, tetanus, diphtheria, COVID-19, or pertussis disease and medications
 required  for emergency treatment of anaphylaxis. Nothing in this subdi-
 vision 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.

                                                            LBD00781-01-1

 S. 42                               2
 
   §  3.  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, HEPATITIS A, HEPATITIS B,  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.
   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.
   §  4.  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:
   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, HEPATITIS A, HEPATITIS B, meningococcal, tetanus,
 diphtheria, COVID-19, or pertussis disease and medications required  for
 emergency treatment of anaphylaxis. If the commissioner of health deter-
 mines  that  there is an outbreak of disease, or that there is the immi-
 nent 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,

 S. 42                               3
 
 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, pneumococcal, acute herpes zoster, HEPATITIS A, HEPATITIS  B,
 meningococcal,  tetanus, diphtheria or pertussis disease and medications
 required for emergency treatment of anaphylaxis. Nothing in this  subdi-
 vision  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,  pneumococcal, acute herpes zoster, HEPATITIS A, HEPATITIS B,
 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 immun-
 izations, vaccines or other drugs.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections  two,  four  and  six of this act shall take effect on the same
 date and in the same manner as chapter 110 of the  laws  of  2020  takes
 effect  and shall expire and be deemed repealed pursuant to section four
 of chapter 110 of the laws of 2020; and
   (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 three of this act shall not affect the expiration 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 five of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith.

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