S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8596
 
                           I N  A S S E M B L Y
 
                             January 12, 2024
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT  to  amend  the  education law, in relation to the definition of
   practice of pharmacy; and providing for the repeal of such  provisions
   upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 6801 of the education law is amended  by  adding  a
 new subdivision 7-a to read as follows:
   7-A.  (A)  A  LICENSED PHARMACIST MAY INITIATE TREATMENT FOR COVID-19,
 INFLUENZA, AND  PHARYNGITIS  RESULTING  FROM  A  GROUP  A  STREPTOCOCCAL
 INFECTION  UPON A POSITIVE TEST RESULT CONDUCTED PURSUANT TO SUBDIVISION
 SEVEN OF THIS SECTION. SUCH TREATMENT SHALL BE PROVIDED  PURSUANT  TO  A
 STATEWIDE  PROTOCOL DEVELOPED BY THE DEPARTMENT OF HEALTH. SUCH PROTOCOL
 SHALL ADDRESS ISSUES INCLUDING BUT NOT LIMITED TO PATIENT SAFETY, RECORD
 KEEPING, REFERRAL FOR TREATMENT AND CONTINUITY OF CARE,  CASE  REPORTING
 TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH CARE PROVIDERS. THE PROTO-
 COL  SHALL  ALSO  INCLUDE  PROCEDURES  FOR APPROPRIATE REFERRALS FOR ANY
 PATIENT THAT REQUIRES ADDITIONAL TREATMENT  OR  EXPERIENCES  AN  ADVERSE
 REACTION TO THE TREATMENT AUTHORIZED PURSUANT TO THIS SUBDIVISION.
   (B)  A  PHARMACIST INITIATING TREATMENT UNDER THIS PROTOCOL SHALL AT A
 MINIMUM: (I) INQUIRE OF EACH PATIENT WHETHER HE OR  SHE  HAS  A  PRIMARY
 CARE  PROVIDER  OR OTHER HEALTH CARE PROVIDER THAT THE PATIENT REGULARLY
 SEES; AND (II) MAINTAIN AND REGULARLY UPDATE A  LIST  OF  LOCAL  PRIMARY
 CARE  PROVIDERS  INCLUDING THOSE LOCATED IN THE APPLICABLE ZIP CODE AREA
 AND ADJACENT ZIP CODE AREAS OF THE PHARMACY. THIS LIST SHALL BE PROVIDED
 TO EACH PATIENT WHO INDICATES THAT HE OR SHE DOES  NOT  HAVE  A  PRIMARY
 CARE PROVIDER.
   (C) THE DEPARTMENT OF HEALTH SHALL PRODUCE, MAINTAIN, AND PERIODICALLY
 UPDATE  A  LIST  OF PRIMARY CARE PROVIDERS ON ITS WEBSITE, IN SEARCHABLE
 FORM THAT SHALL INCLUDE RELEVANT ZIP CODES OF THE  PROVIDERS.  THE  LIST
 DEVELOPED BY THE DEPARTMENT OF HEALTH SHALL IDENTIFY PREFERRED PROVIDERS
 WHO  HAVE ACHIEVED RECOGNITION AS A PATIENT CENTERED MEDICAL HOME (PCMH)
 OR OTHER SIMILAR DESIGNATION AND A DESCRIPTION OF WHAT SUCH  DESIGNATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13878-01-3
 A. 8596                             2
 
 MEANS.  THE  LIST  SHALL  INCLUDE FEDERALLY QUALIFIED HEALTH CENTERS AND
 OTHER PROVIDERS WHO SERVE MEDICAID, LOW-INCOME AND  UNINSURED  PATIENTS,
 AND  PEOPLE WITH DISABILITIES AND SHALL IDENTIFY CULTURAL AND LINGUISTIC
 CAPABILITIES WHEN AVAILABLE.
   (D)  A  PHARMACIST SHALL RETAIN A RECORD OF THE TEST RESULT AND TREAT-
 MENT AS PART OF THE PATIENT RECORD AND SHALL  AT  A  MINIMUM  PROVIDE  A
 REPORT  OF  THE  TEST  RESULT  AND TREATMENT TO THE PATIENT'S DESIGNATED
 PHYSICIAN, PHYSICIAN'S ASSISTANT OR NURSE PRACTITIONER, UNLESS OTHERWISE
 DIRECTED BY THE PATIENT.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed April 1, 2026.