NY State Senate Bill 2021-S4698B

Senate Bill S4698B

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 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
May 17, 2021	print number 4698b
May 17, 2021	amend (t) and recommit to higher education
Apr 12, 2021	print number 4698a
Apr 12, 2021	amend (t) and recommit to higher education
Feb 09, 2021	referred to higher education

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S4698 - Details

See Assembly Version of this Bill:: A3023
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S4975, A6846

2021-S4698 - 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-S4698 - Sponsor Memo

                                
 
BILL NUMBER: S4698

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the education law, in relation to authorizing the admin-
istration of vaccines for hepatitis A, hepatitis B, and human papilloma-
virus by a licensed pharmacist and by a certified nurse practitioner

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes pharmacists and certified nurse practitioners to provide
hepatitis A, hepatitis B, and human papillomavirus immunizations to
adults..

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 6527 of the educa-
tion law, as amended by chapter 46 of the laws of 2015 to add hepatitis
A, hepatitis B, and human papillomavirus 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, as amended by chapter 46 of the laws of 2015 to hepatitis
A, hepatitis B, and human papillomavirus 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 section 7 of section 6909 of the education
law, as amended by chapter 46 of the laws of 2015 to add hepatitis A,
hepatitis B, and human papillomavirus to the list of diseases for which
a certified nurse practitioner may prescribe and order a patient specif-
ic order or non-patient specific regimen to a licensed pharmacist for
administering immunization's.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

According to the World Health Organization, the development of vaccines
is one of the most influential public health interventions for improving
the world's health. Vaccines are vitally important in protecting not
only an individual but our community. Strong immunization coverage rates
create "herd immunity" that helps protect everyone, especially the
vulnerable members of the community who cannot be vaccinated for certain
reasons, such as individuals with severe allergies and those with weak-
ened or failing immune systems, including infants, immunocompromised
individuals, and the elderly.  Hepatitis A, hepatitis B, and human
papillomavirus (HPV) vaccines carry recommendations for adults from the
Federal Advisory Committee on Immunization Practices (ACIP). Adding
these to the existing list of vaccines allowed to be administered to
adults by pharmacists, greatly increases access in our communities,
making it more likely that patients will receive the vaccine that is
recommended for them.  In fact, the National Institute of Health submits
that primary care pharmacists see their patients somewhere between 1.5 -
10 times more frequently than they see primary care physicians.
(https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5755826/)
Pharmacists have been effectively vaccinating New Yorkers for over a
decade, 'helping to raise NY's adult vaccination rates. Enacting this
bill will further that effort and bring NY in line with the 49 other
states that allow pharmacists to immunize adults against Hepatitis A and
Hepatitis B, and the 48 other states that allow pharmacists to immunize
adults against HPV.

 
PRIOR LEGISLATIVE HISTORY:

2019/20: S4975 - REFERRED TO HIGHER EDUCATION FISCAL IMPLICATIONS:
Savings to the health care and public health systems by prevention of
the covered diseases.

 
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 subdivi-
sion 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 and reversion of such
subdivision pursuant to section 5 of chapter 116 of the laws of 2012, as
amended, when upon such date the provisions of section three of this act
shall take effect; (c) 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 and shall be deemed to expire there-
with; and (d) the amendments to subdivision 7 of section 6909 of the
education law, made by section four of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.

2021-S4698 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4698
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2021
                                ___________
 
 Introduced  by  Sens. BRESLIN, JACKSON, PARKER -- 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. 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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01880-01-1

 S. 4698                             2
 
   §  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.
   § 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

 S. 4698                             3
 
 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

2021-S4698A - Details

See Assembly Version of this Bill:: A3023
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S4975, A6846

2021-S4698A - 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-S4698A - Sponsor Memo

                                
 
BILL NUMBER: S4698A

SPONSOR: BRESLIN
 
TITLE OF BILL:

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 pharma-
cist

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes pharmacists and certified nurse practitioners to provide
hepatitis A, hepatitis B, and human papillomavirus immunizations to
adults.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 6527 of the educa-
tion law, as amended by chapter 46 of the laws of 2015 to add hepatitis
A, hepatitis B, and human papillomavirus 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, as amended by chapter 46 of the laws of 2015 to hepatitis
A, hepatitis B, and human papillomavirus 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 section 7 of section 6909 of the education
law, as amended by chapter 46 of the laws of 2015 to add hepatitis A,
hepatitis B, and human papillomavirus to the list of diseases for which
a certified nurse practitioner may prescribe and order a patient specif-
ic order or non-patient specific regimen to a licensed pharmacist for
administering immunization's.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

According to the World Health Organization, the development of vaccines
is one of the most influential public health interventions for improving
the world's health. Vaccines are vitally important in protecting not
only an individual but our community. Strong immunization coverage rates
create "herd immunity" that helps protect everyone, especially the
vulnerable members of the community who cannot be vaccinated for certain
reasons, such as individuals with severe allergies and those with weak-
ened or failing immune systems, including infants, immunocompromised
individuals, and the elderly. Hepatitis A, hepatitis B, and human papil-
lomavirus (HPV) vaccines carry recommendations for adults from the
Federal Advisory Committee on Immunization Practices (ACIP). Adding
these to the existing list of vaccines allowed to be administered to
adults by pharmacists, greatly increases access in our communities,
making it more likely that patients will receive the vaccine that is
recommended for them. In fact, the National Institute of Health submits
that primary care pharmacists see their patients somewhere between 1.5
10 times more frequently than they see primary care physicians.
(https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5755826/)
Pharmacists have been effectively vaccinating New Yorkers for over a
decade, 'helping to raise NY's adult vaccination rates. Enacting this
bill will further that effort and bring NY in line with the 49 other
states that allow pharmacists to immunize adults against Hepatitis A and
Hepatitis B, and the 48 other states that allow pharmacists to immunize
adults against HPV.

 
PRIOR LEGISLATIVE HISTORY:

2019/20: S4975 - REFERRED TO HIGHER EDUCATION

 
FISCAL IMPLICATIONS:

Savings to the health care and public health systems by prevention of
the covered diseases.

 
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 subdivi-
sion 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 and reversion of such
subdivision pursuant to section 5 of chapter 116 of the laws of 2012, as
amended, when upon such date the provisions of section three of this act
shall take effect; (c) 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 and shall be deemed to expire there-
with; and (d) the amendments to subdivision 7 of section 6909 of the
education law, made by section four of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.

2021-S4698A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4698--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2021
                                ___________
 
 Introduced  by  Sens. BRESLIN, JACKSON, PARKER -- read twice and ordered
   printed, and when printed to be committed 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01880-07-1

 S. 4698--A                          2
 
   § 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-
 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-

 S. 4698--A                          3
 
 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
 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:

 S. 4698--A                          4

   (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

2021-S4698B (ACTIVE) - Details

See Assembly Version of this Bill:: A3023
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S4975, A6846

2021-S4698B (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-S4698B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4698B

SPONSOR: BRESLIN
 
TITLE OF BILL:

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 phar-
macist and requiring pharmacists who administer immunizations to report
the immunizations to the department of health

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes pharmacists and certified nurse practitioners to provide
hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella,
varicella and COVID-19 immunizations.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 6527 of the educa-
tion law, as amended by, chapter 46 of the laws of 2015 to add hepatitis

A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella
and COVID-19 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 if the
Commissioner of Health while consulting with the Commissioner of Educa-
tion determines that an immunization maybe administered by a pharmacist,
is needed to prevent the transmission of a reportable communicable
disease that is prevalent in New York, and the immunization is recom-
mended by the advisory committee on immunization practices of the
centers for disease control and prevention.

Section 2 of the bill amends subdivision 7 of section 6527 of the educa-
tion law, as amended by chapter 110 of the laws of 2020 to add hepatitis
A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella
and COVID-19 to the list of diseases found in the definition of "admin-
ister", for the purposes of section 6801 of the education law along with
other immunizations as determined by the Commissioner of Health in
consultation with the Commissioner of Education if they determine that
the immunization 1) may be administered by a pharmacist; 2) is needed to
prevent the transmission of a reportable communicable disease that is
prevalent in NYS; or 3) is a recommended vaccination for adults with an
additional risk factor or another indication as recommended by the advi-
sory committee on immunization practices (ACIP) of the centers for
disease control and prevention.

Section 3 of the bill amends 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 to add hepatitis A, hepatitis B, human papillomavirus,
measles, mumps, rubella, varicella and COVID-19 to the list of immuniza-
tions that can be administered by pharmacists along with immunizations
as determined by the Commissioner of Health in consultation with the
Commissioner of Education if they determine that the immunization 1) may
be administered by a pharmacist; 2) is needed to prevent the trans-
mission of a reportable communicable disease that is prevalent in NYS;
or 3) is a recommended vaccination for adults with an additional risk
factor or another indication as recommended by the advisory committee on
immunization practices (ACIP) of the centers for disease control and
prevention.  of the bill amends section 7 of section 6909 of the educa-
tion law, as amended by chapter 46 of the laws of 2015 to add hepatitis
A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella
and polio to the list of diseases for which a certified nurse practi-
tioner may prescribe and order a patient specific order or non-patient
specific regimen to a licensed pharmacist for administering immuniza-
tions.

Section 4 of the bill amends subdivision 22 of section 6802 of the
education law, as amended by chapter 110 of the laws of 2020 to add
hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella,
varicella and COVID-19 to the list of immunizations that can be adminis-
tered by pharmacists along with immunizations as determined by the
Commissioner of Health in consultation with the Commissioner of Educa-
tion if they determine that the immunization 1) may be administered by a
pharmacist; 2) is needed to prevent the transmission of a reportable
communicable disease that is prevalent in NYS; or 3) is a recommended
vaccination for adults with an additional risk factor or another indi-
cation as recommended by the advisory committee on immunization prac-
tices (ACIP) of the centers for disease control and prevention.

Section 5 of the bill amends section 6909 of the education law, as
amended by chapter 46 of the laws of 2015 to add hepatitis A, hepatitis
B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19
to the list of immunizations that can be administered by pharmacists
along with immunizations as determined by the Commissioner of Health in
consultation with the Commissioner of Education if they determine that
the immunization 1) may be administered by a pharmacist; 2) is needed to
prevent the transmission of a reportable communicable disease that is
prevalent in NYS; or 3) is recommended vaccination for adults with an
additional risk factor or another indication as recommended by the advi-
sory committee on immunization practices (ACIP) of the centers for
disease control and prevention.

Section 6 amends subdivision 7 of section 6909 of the education law, as
amended by chapter 110 of the laws of 2020 to add hepatitis A, hepatitis
B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19
to the list of immunizations that can be administered by pharmacists
along with immunizations as determined by the Commissioner of Health in
consultation with the Commissioner of Education if they determine that
the immunization 1) may be administered by a pharmacist; 2) is needed to
prevent the transmission of a reportable communicable disease that is
prevalent in NYS; or 3) is a recommended vaccination for adults with an
additional risk factor or another indication as recommended by the advi-
sory committee on immunization practices (ACIP) of the centers for
disease control and prevention.

Section 7 requires a pharmacist to report immunizations to the depart-
ment of health 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 contra-
ry.

Section 8 establishes the effective date

 
JUSTIFICATION:

According to the World Health Organization, the development of vaccines
is one of the most influential public health interventions for improving
the world's health. Vaccines are vitally important in protecting not
only an individual but our communities. Strong immunization coverage
rates create "herd immunity" that helps protect everyone, especially the
vulnerable members of the community who cannot be vaccinated for certain
reasons, such as individuals with severe allergies and those with weak-
ened or failing immune systems, including infants, immunocompromised
individuals, and the elderly.

Hepatitis A, hepatitis B, and human papillomavirus (HPV) vaccines carry
recommendations for adults from the Federal Advisory Committee on Immun-
ization Practices (ACIP). Adding these to the existing list of vaccines
allowed to be administered to adults by pharmacists, greatly increases
access in our communities, making it more likely that patients will
receive the vaccine that is recommended for them. In fact, the National
Institute of Health submits that primary care pharmacists see their
patients somewhere between 1.5 - 10 times more frequently than the
patients see primary care physicians.

(https://www.ncbi.nLm.nih.gov/pmc/articles/PMC5755826/) Pharmacists have
been effectively vaccinating New Yorkers for over a decade, helping to
raise New York's adult vaccination rates. Enacting this bill will
further that effort and bring NY in line with the 49 other states that
allow pharmacists to immunize adults against Hepatitis A and Hepatitis
B, and the 48 other states that allow pharmacists to immunize adults
against HPV.

 
LEGISLATIVE HISTORY:

2019-20: A.6846

 
FISCAL IMPLICATIONS:

Savings to the health care and public health systems by prevention of
the covered diseases.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4698B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4698--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2021
                                ___________
 
 Introduced  by  Sens. BRESLIN, JACKSON, PARKER -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Higher
   Education  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01880-10-1

 S. 4698--B                          2
 
 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
 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)

 S. 4698--B                          3
 
 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
 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-

 S. 4698--B                          4
 
 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;
   (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;

 S. 4698--B                          5
 
   (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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Senate Bill S4698B

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

co-Sponsors

Robert Jackson

Kevin S. Parker

2021-S4698 - Details

2021-S4698 - Summary

2021-S4698 - Sponsor Memo

2021-S4698 - Bill Text download pdf

co-Sponsors

Robert Jackson

Kevin S. Parker

2021-S4698A - Details

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2021-S4698A - Sponsor Memo

2021-S4698A - Bill Text download pdf

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Robert Jackson

Kevin S. Parker

2021-S4698B (ACTIVE) - Details

2021-S4698B (ACTIVE) - Summary

2021-S4698B (ACTIVE) - Sponsor Memo

2021-S4698B (ACTIVE) - Bill Text download pdf

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