NY State Senate Bill 2021-S4807A

Senate Bill S4807A

Signed By Governor

2021-2022 Legislative Session

Authorizes pharmacists to provide immunizations which are recommended by centers for disease control and prevention to patients eighteen years or older

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Archive: Last Bill Status - Signed by Governor

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
Nov 02, 2021	signed chap.555
Oct 22, 2021	delivered to governor
Jun 01, 2021	returned to senate passed assembly ordered to third reading rules cal.210 substituted for a6476a referred to higher education delivered to assembly passed senate
May 24, 2021	advanced to third reading amended (t) 4807a
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1136
May 12, 2021	committee discharged and committed to higher education
Feb 12, 2021	referred to health

Votes

- Jun 1, 2021 - Floor Vote
  S4807A
  
  61
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2021
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (2)
      
      Lanza
      
      Weik
  May 18, 2021 - Higher Education Committee Vote
  S4807A
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 18, 2021
      
      aye (10)
      
      Boyle
      
      Cooney
      
      Gaughran
      
      Gounardes
      
      Jackson
      
      Liu
      
      Oberacker
      
      Parker
      
      Rivera
      
      Stavisky
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S4807 - Details

See Assembly Version of this Bill:: A6476
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L; amd §8, Chap 563 of 2008; amd §5, Chap 116 of 2012; amd §4, Chap 274 of 2013; amd §4, Chap 110 of 2020

2021-S4807 - Summary

Authorizes pharmacists to provide immunizations which are recommended by centers for disease control and prevention to patients eighteen years or older.

2021-S4807 - Sponsor Memo

                                
 
BILL NUMBER: S4807

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the education law, in relation to pharmacist immuniza-
tions; to amend chapter 563 of the laws of 2008, amending the education
law and the public health law relating to immunizing agents to be admin-
istered to adults by pharmacists, in relation to the effectiveness ther-
eof; and to amend chapter 116 of the laws of 2012, amending the educa-
tion law relating to authorizing a licensed pharmacist and certified
nurse practitioner to administer certain immunizing agents, in relation
to the effectiveness thereof

 
PURPOSE:

To permit pharmacists to administer immunizations and vaccines recom-
mended by the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention.

 
SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 7 of section 6527 of the education law as
amended by chapter 46 of the laws of 2015 to authorize physicians to
prescribe and order a patient specific regimen or non-specific patient
regimen to a licensed pharmacist for administering vaccines recommended
by the Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention.

Section 2. Amends subdivision 7 of section 6527 of the education law as
amended by chapter 10 of the laws of 2020 (which added the authority for
pharmacists to immunize against COVID-19) to authorize physicians to
prescribe and order a patient specific regimen or non-specific patient
regimen to a licensed pharmacist for administering vaccines recommended
by the Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention.

Section 3. Amends subdivision 22 of section 6802 of the education law,
amending the definition of "administer." This section eliminates the
requirement that the prescribing physician or nurse practitioner have a
practice site in the county or adjoining county and allows pharmacists
to administer all vaccines and immunizations recommended by the Advisory
Committee on Immunization Practices of the Centers for Disease Control
and Prevention. This county requirement is also eliminated for child flu
immunizations and for the administering of medications required for
emergency treatment of anaphylaxis resulting from such immunization.

Section 4. Amends subdivision 22 of 6802 as amended by chapter 110 of
the laws of 2020 amending the definition of "administer." This section
eliminates the requirement that the prescribing physician or nurse prac-
titioner have a practice site in the county or adjoining county and
allows pharmacists to administer all vaccines and immunizations recom-
mended by the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention. This county requirement is
also eliminated for child flu immunizations and for the administering of
medications required for emergency treatment of anaphylaxis resulting
from such immunization.


Section 5. Amends subdivision 7 of section 6909 of the education law to
authorize certified nurse practitioners to prescribe and order a patient
specific order or non-patient specific regimen to a licensed pharmacist
for administering immunizations and vaccines recommended by the Advisory
Committee on Immunization Practices of the Centers for Disease Control
and Prevention.

Section 6. Amends subdivision 7 of section 6909 as amended by chapter
110 of the laws of 2020 to authorize certified nurse practitioners to
prescribe and order a patient specific order or non-patient specific
regimen to a licensed pharmacist for administering immunizations and
vaccines recommended by the Advisory Committee on Immunization Practices
of the Centers for Disease Control and Prevention.

Section 7. Amends section 8 of Chapter 563 of the laws of 2008 relating
to immunizing agents to be administered to adults by pharmacists, by
eliminating the expiration and repeal date.

Section 8. Amends section 5 of Chapter 116 of the laws of 2012 authoriz-
ing a licensed pharmacist and certified nurse practitioner to administer
certain vaccines, by eliminating the expiration and repeal date.

Section 9. provides the effective date.

 
JUSTIFICATION:

Immunizations are the best defense against morbidity and mortality for
diseases for which vaccines are available and studies have shown that
pharmacist-provided immunizations increase overall immunization rates.
Pharmacists in New York have been permitted to give immunizations to
adults for influenza and pneumococcal since 2008.  Due to the success
with these vaccines, the legislature subsequently passed laws to allow
pharmacists to administer immunizations to prevent shingles, meningitis,
tetanus, diphtheria, and pertussis and COVID-19. This bill will expand
their authority to permit pharmacists to administer all immunizations
and vaccines recommended by the Advisory Committee on Immunization Prac-
tices of the Centers for Disease Control and Prevention.

Under these new provisions, a physician or a nurse practitioner will be
able to issue a patient-specific prescription or a non-specific patient
regimen for a pharmacist to administer these recommended adult vaccines.
The bill also eliminates the requirement that the prescribing physician
or nurse practitioner have a practice site in the county or in an
adjoining county.

Providing this additional access point of pharmacists-as-immunizers will
significantly expand the availability of vaccines recommended by the
Advisory Committee on Immunization Practices of the Centers for Disease
Control and Prevention.

New York is one of only four states that do not allow pharmacists to
administer all vaccines recommended by the Advisory Committee on Immuni-
zation Practices of the Centers for Disease Control and Prevention.

Passage of this bill is essential to increase low immunization rates
among adults by authorizing pharmacists to administer such immunizations
directly to the public.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S4807 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4807
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the education law, in relation to  pharmacist  immuniza-
   tions;  to  amend chapter 563 of the laws of 2008, amending the educa-
   tion law and the public health law relating to immunizing agents to be
   administered to adults by pharmacists, in relation to  the  effective-
   ness  thereof;  and to amend chapter 116 of the laws of 2012, amending
   the education law relating to authorizing a  licensed  pharmacist  and
   certified  nurse practitioner to administer certain immunizing agents,
   in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  7  of  section 6527 of the education law, as
 amended by chapter 46 of the  laws  of  2015,  is  amended  to  read  as
 follows:
   7.  A  licensed  physician  may prescribe and order a patient specific
 order or non-patient specific regimen to a licensed pharmacist, pursuant
 to regulations promulgated by the commissioner, and consistent with  the
 public health law, for administering immunizations to prevent influenza,
 pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria or
 pertussis  disease  and FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER, ANY
 OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE  ON  IMMUNIZA-
 TION  PRACTICES  OF  THE  CENTERS FOR DISEASE CONTROL AND PREVENTION AND
 medications required for emergency treatment of anaphylaxis. Nothing  in
 this subdivision shall authorize unlicensed persons to administer immun-
 izations, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09371-01-1

 S. 4807                             2
 
 public health law, for administering immunizations to prevent influenza,
 pneumococcal,  acute  herpes zoster, meningococcal, tetanus, diphtheria,
 COVID-19, or pertussis disease and FOR PATIENTS EIGHTEEN YEARS OF AGE OR
 OLDER,  ANY OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON
 IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION
 AND medications required for emergency treatment of anaphylaxis. Nothing
 in this subdivision shall authorize  unlicensed  persons  to  administer
 immunizations, vaccines or other drugs.
   §  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, meningococcal,  tetanus,  diphtheria  or  pertussis
 disease  and  FOR  PATIENTS  EIGHTEEN  YEARS  OF AGE OR OLDER, ANY OTHER
 IMMUNIZATIONS RECOMMENDED BY  THE  ADVISORY  COMMITTEE  ON  IMMUNIZATION
 PRACTICES  OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND medica-
 tions required for emergency treatment of anaphylaxis.  If  the  commis-
 sioner  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.
   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,  meningococcal, tetanus, diphtheria, COVID-19, or
 pertussis disease and FOR PATIENTS EIGHTEEN YEARS OF AGE OR  OLDER,  ANY
 OTHER  IMMUNIZATIONS  RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
 TION PRACTICES OF THE CENTERS FOR DISEASE  CONTROL  AND  PREVENTION  AND
 medications  required  for  emergency  treatment  of anaphylaxis. If the
 commissioner of health determines that there is an outbreak of  disease,

 S. 4807                             3
 
 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.
   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.
   § 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, meningococcal, tetanus,
 diphtheria or pertussis disease and FOR PATIENTS EIGHTEEN YEARS  OF  AGE
 OR  OLDER, ANY OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE
 ON IMMUNIZATION  PRACTICES  OF  THE  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION  AND  medications required for emergency treatment of anaphy-
 laxis. 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,  pneumococcal,  acute  herpes zoster, meningococcal, tetanus,
 diphtheria, COVID-19, or pertussis disease  and  FOR  PATIENTS  EIGHTEEN
 YEARS  OF AGE OR OLDER, ANY OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVI-
 SORY COMMITTEE ON IMMUNIZATION PRACTICES  OF  THE  CENTERS  FOR  DISEASE
 CONTROL  AND PREVENTION AND medications required for emergency treatment
 of anaphylaxis. Nothing in this subdivision shall  authorize  unlicensed
 persons to administer immunizations, vaccines or other drugs.
   § 7. Section 8 of chapter 563 of the laws of 2008, amending the educa-
 tion  law  and the public health law relating to immunizing agents to be
 administered to adults by pharmacists, as amended by section 18 of  part
 BB of chapter 56 of the laws of 2020, is amended to read as follows:
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law [and shall expire  and  be  deemed  repealed  July  1,
 2022].
   § 8. Section 5 of chapter 116 of the laws of 2012, amending the educa-
 tion  law  relating  to  authorizing a licensed pharmacist and certified
 nurse practitioner to administer certain immunizing agents,  as  amended
 by  section  19 of part BB of chapter 56 of the laws of 2020, is amended
 to read as follows:
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law[, provided, however, that the provisions of sections

 S. 4807                             4

 one, two and four of this act shall expire and be deemed  repealed  July
 1, 2020 provided, 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 repeal of  such
 subdivision and shall be deemed to be repealed therewith;
   (b)  the  amendments to subdivision 7 of section 6909 of the education
 law, made by section two of this act shall not affect the repeal of such
 subdivision and shall be deemed to be repealed therewith;
   (c) the amendments to subdivision 22 of section 6802 of the  education
 law  made  by  section  three of this act shall not affect the repeal of
 such subdivision and shall be deemed to be repealed therewith; and
   (d) the amendments to section  6801  of  the  education  law  made  by
 section four of this act shall not affect the expiration of such section
 and shall be deemed to expire therewith].
   §  9.  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.

co-Sponsors

View additional co-sponsors

2021-S4807A (ACTIVE) - Details

See Assembly Version of this Bill:: A6476
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L; amd §8, Chap 563 of 2008; amd §5, Chap 116 of 2012; amd §4, Chap 274 of 2013; amd §4, Chap 110 of 2020

2021-S4807A (ACTIVE) - Summary

Authorizes pharmacists to provide immunizations which are recommended by centers for disease control and prevention to patients eighteen years or older.

2021-S4807A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4807A

SPONSOR: STAVISKY
 
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; and to amend chapter 563
of the laws of 2008, amending the education law and the public health
law relating to immunizing agents to be administered to adults by phar-
macists, chapter 116 of the laws of 2012, amending the education law
relating to authorizing a licensed pharmacist and certified nurse prac-
titioner to administer certain immunizing agents, chapter 274 of the
laws of 2013, amending the education law relating to authorizing a
licensed pharmacist and certified nurse practitioner to administer
meningococcal disease immunizing agents, and chapter 110 of the laws of
2020, amending the education law relating to authorizing licensed phar-
macists to administer an approved vaccine for COVID-19, in relation to
making such provisions permanent

PURPOSE OR GENERAL IDEA OF BILL:

To expand the immunizations that licensed pharmacists are authorized to
administer and make such authorization permanent.

 
SUMMARY OF PROVISIONS:

Sections 1-3. Amend education law provisions to authorize licensed phar-
macists to administer immunizations for 1) Hepatitis A, Hepatitis B,
human papillomavirus, measles, mumps, rubella, varicella, COVID-19 and
2) additional immunizations recommended by the Advisory Committee on
Immunization Practices of the Centers for Disease Control and Prevention
(CDC) pursuant to a determination by DOH.

Section 4. Provides that a licensed pharmacist who administers an immun-
ization pursuant to this act shall report the immunization to DOH.

Section 5-8. Remove the sunset for the authorization for pharmacists to
administer certain immunizations.

Section 9. Provides the effective date.

 
JUSTIFICATION:

Immunizations are the best defense against morbidity and mortality for
diseases for which vaccines are available and studies have shown that
pharmacist-provided immunizations increase overall immunization rates.
Pharmacists in New York have been permitted to give immunizationsò to
adults for influenza and pneumococcal since 2008.  Due to the success
with these vaccines, the legislature subsequently passed laws to allow
pharmacists to administer immunizations to prevent shingles, meningitis,
tetanus, diphtheria, and pertussis and COVID-19. Under this bill, a
physician or a nurse practitioner will be able to issue a patient-spe-
cific order or non-specific patient regimen for a pharmacist to adminis-
ter immunizations such as.  Hepatitis A, Hepatitis B, HPV, measles,
mumps and rubella. Further, pursuant to a determination by DOH, Pharma-
cists will be able to administer additional immunizations recommended by
the CDC. Having this additional access point of pharmacists-as-immuniz-
ers will significantly expand the availability of immunizations and is
essential to increasing low immunization rates among adults.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S4807A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4807--A
     Cal. No. 1136
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by Sens. STAVISKY, ADDABBO, BENJAMIN, BOYLE, BROOKS, COMRIE,
   COONEY, GALLIVAN,  GOUNARDES,  HINCHEY,  HOYLMAN,  JACKSON,  KAMINSKY,
   PARKER,  REICHLIN-MELNICK,  SALAZAR, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  committee  discharged  and said bill committed to the Committee on
   Higher Education -- reported favorably from said committee, ordered to
   first and second report, amended on second report, ordered to a  third
   reading,  and  to  be reprinted as amended, retaining its place in the
   order of third reading
 
 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;  and  to  amend
   chapter  563  of  the laws of 2008, amending the education law and the
   public health law relating to immunizing agents to be administered  to
   adults  by  pharmacists, chapter 116 of the laws of 2012, amending the
   education law relating to authorizing a licensed pharmacist and certi-
   fied nurse practitioner to administer certain immunizing agents, chap-
   ter 274 of the laws of 2013, amending the education  law  relating  to
   authorizing  a licensed pharmacist and certified nurse practitioner to
   administer meningococcal disease immunizing agents, and chapter 110 of
   the laws of 2020, amending the education law relating  to  authorizing
   licensed  pharmacists  to administer an approved vaccine for COVID-19,
   in relation to making such provisions permanent
 
   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 110 of the laws  of  2020,  is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09371-08-1

 S. 4807--A                          2
 
   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:  (A)  administering  immunizations to prevent
 influenza[,]  TO PATIENTS TWO YEARS OF AGE OR OLDER; AND (B) ADMINISTER-
 ING IMMUNIZATIONS TO PREVENT pneumococcal, acute herpes zoster,  HEPATI-
 TIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARI-
 CELLA,  COVID-19,  meningococcal,  tetanus,  diphtheria[,  COVID-19,] or
 pertussis disease and medications required for  emergency  treatment  of
 anaphylaxis TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND (C) ADMINIS-
 TERING  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 DETERMINES THAT AN IMMUNI-
 ZATION:  (I) (A) MAY BE SAFELY ADMINISTERED  BY  A  LICENSED  PHARMACIST
 WITHIN  THEIR LAWFUL SCOPE OF PRACTICE; 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 IMMUNIZATION FOR SUCH PATIENTS
 WHO: (A) MEET AGE REQUIREMENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZA-
 TION, (C) LACK EVIDENCE OF PAST INFECTION, OR  (D)  HAVE  AN  ADDITIONAL
 RISK FACTOR OR ANOTHER INDICATION AS 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 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,  HUMAN  PAPILLOMAVIRUS,
 MEASLES,  MUMPS,  RUBELLA,  VARICELLA, COVID-19, meningococcal, tetanus,
 diphtheria[, COVID-19,] or pertussis disease  and  medications  required
 for  emergency  treatment of anaphylaxis; AND OTHER IMMUNIZATIONS RECOM-
 MENDED 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  DETERMINES  THAT  AN  IMMUNIZATION:  (I)(A)  MAY BE SAFELY
 ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
 TICE; 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 IMMUNIZATION FOR SUCH PATIENTS WHO: (A)  MEET  AGE  REQUIRE-
 MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
 PAST  INFECTION,  OR (D) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
 CATION AS RECOMMENDED BY THE ADVISORY COMMITTEE  ON  IMMUNIZATION  PRAC-
 TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.  If the commis-
 sioner  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.
   b.  the  direct application of an immunizing agent to children between
 the ages of two and eighteen years of age, whether by injection,  inges-

 S. 4807--A                          3
 
 tion,  inhalation  or  any  other  means, pursuant to a patient specific
 order or non-patient specific regimen prescribed or ordered by a  physi-
 cian  or  certified  nurse practitioner, [who has a practice site in the
 county  or  adjoining county in which the immunization is administered,]
 for immunization to prevent influenza and medications required for emer-
 gency treatment of anaphylaxis resulting from such immunization. If  the
 commissioner  of health determines that there is an outbreak of influen-
 za, or that there is the imminent threat of an  outbreak  of  influenza,
 then the commissioner of health may issue a non-patient specific regimen
 applicable statewide.
   § 3. Subdivision 7 of section 6909 of the education law, as amended by
 chapter 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: (A) administering immunizations to
 prevent influenza[,] TO PATIENTS TWO YEARS OF  AGE  OR  OLDER;  AND  (B)
 ADMINISTERING  IMMUNIZATIONS TO PREVENT pneumococcal, acute herpes zost-
 er, HEPATITIS A, HEPATITIS  B,  HUMAN  PAPILLOMAVIRUS,  MEASLES,  MUMPS,
 RUBELLA,   VARICELLA,  COVID-19,  meningococcal,  tetanus,  diphtheria[,
 COVID-19,] or pertussis disease and medications required  for  emergency
 treatment of anaphylaxis TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND
 (C)  ADMINISTERING  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  DETERMINES
 THAT  AN IMMUNIZATION:  (I) (A) MAY BE SAFELY ADMINISTERED BY A LICENSED
 PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE; 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  IMMUNIZATION
 FOR SUCH PATIENTS WHO: (A) MEET AGE REQUIREMENTS, (B) LACK DOCUMENTATION
 OF  SUCH  IMMUNIZATION, (C) LACK EVIDENCE OF PAST INFECTION, OR (D) HAVE
 AN ADDITIONAL RISK FACTOR OR ANOTHER INDICATION AS  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.
   § 4. A licensed pharmacist who administers an immunization pursuant to
 this  act  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.
   § 5. Section 8 of chapter 563 of the laws of 2008, amending the educa-
 tion law and the public health law relating to immunizing agents  to  be
 administered  to adults by pharmacists, as amended by section 18 of part
 BB of chapter 56 of the laws of 2020, is amended to read as follows:
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  [and  shall  expire and be deemed repealed July 1,
 2022].
   § 6. Section 5 of chapter 116 of the laws of 2012, amending the educa-
 tion law relating to authorizing a  licensed  pharmacist  and  certified
 nurse  practitioner  to administer certain immunizing agents, as amended
 by section 19 of part BB of chapter 56 of the laws of 2020,  is  amended
 to read as follows:
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law[, provided, however, that the provisions  of  sections

 S. 4807--A                          4

 one,  two  and four of this act shall expire and be deemed repealed July
 1, 2022 provided, 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 repeal of  such
 subdivision and shall be deemed to be repealed therewith;
   (b)  the  amendments to subdivision 7 of section 6909 of the education
 law, made by section two of this act shall not affect the repeal of such
 subdivision and shall be deemed to be repealed therewith;
   (c) the amendments to subdivision 22 of section 6802 of the  education
 law  made  by  section  three of this act shall not affect the repeal of
 such subdivision and shall be deemed to be repealed therewith; and
   (d) the amendments to section  6801  of  the  education  law  made  by
 section four of this act shall not affect the expiration of such section
 and shall be deemed to expire therewith].
   § 7. Section 4 of chapter 274 of the laws of 2013, amending the educa-
 tion  law  relating  to  authorizing a licensed pharmacist and certified
 nurse  practitioner  to  administer  meningococcal  disease   immunizing
 agents, is amended to read as follows:
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law[; provided, 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 and
 reversion  of  such subdivision, as provided in section 6 of chapter 116
 of the laws of 2012, and shall be deemed to expire therewith; and
   (b) the amendments to subdivision 7 of section 6909 of  the  education
 law, made by section two of this act shall not affect the expiration and
 reversion  of  such subdivision, as provided in section 6 of chapter 116
 of the laws of 2012, and shall be deemed to be expire therewith; and
   (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 therewith].
   § 8. Section 4 of chapter 110 of the laws of 2020, amending the educa-
 tion  law  relating to authorizing licensed pharmacists to administer an
 approved vaccine for COVID-19, is amended to read as follows:
   § 4. This act shall take effect no sooner than ninety  days  from  the
 date  of  approval  of a COVID-19 immunization by the United States Food
 and Drug Administration's Center for Biologics Evaluation  and  Research
 [and shall expire and be deemed repealed July 1, 2022]; provided further
 that this act shall not take effect until the commissioner of health and
 the commissioner of education jointly certify that the administration of
 such  immunization pursuant to this act would be in the best interest of
 public health; provided that the commissioner of health and the  commis-
 sioner  of  education shall notify the legislative bill drafting commis-
 sion upon the occurrence of such certification in order that the commis-
 sion may maintain an accurate and timely  effective  data  base  of  the
 official  text  of  the  laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law[; provided further, that:
   (a)  the  amendments to subdivision 7 of section 6527 of the education
 law made by section one of this act shall not affect the  expiration  of
 such subdivision and shall be deemed to expire therewith;
   (b)  the amendments to subdivision 22 of section 6802 of the education
 law made by section two of this act shall not affect the repeal of  such
 subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as
 amended, and shall be deemed repealed therewith; and

 S. 4807--A                          5

   (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].
   §  9.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S4807A

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Archive: Last Bill Status - Signed by Governor

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2021-S4807 - Details

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2021-S4807A (ACTIVE) - Details

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