Senate Bill S5304

2023-2024 Legislative Session

Relates to the definition of the practice of pharmacy; repealer

download bill text pdf

Sponsored By

Current 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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2023-S5304 (ACTIVE) - Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6801, rpld §6801-a, Ed L

2023-S5304 (ACTIVE) - Summary

Relates to the definition of the practice of pharmacy; provides that the state board of pharmacy shall not adopt any rules authorizing a pharmacist to prescribe a controlled drug; repeals provisions related to the collaborative drug therapy management demonstration program.

2023-S5304 (ACTIVE) - Sponsor Memo

2023-S5304 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5304
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 the definition of the
   practice of pharmacy; and to repeal section 6801-a  of  the  education
   law,  relating  to  the  collaborative  drug therapy management demon-
   stration program
 
   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, as amended by chapter
 563 of the laws of 2008, subdivision 1 as amended by chapter 21  of  the
 laws of 2011, subdivisions 2 and 4 as amended by section 1 of part DD of
 chapter 57 of the laws of 2018, subdivision 5 as added by chapter 502 of
 the  laws  of 2016, subdivision 6 as added by chapter 134 of the laws of
 2021, subdivision 7 as added by section 2 of part C of  chapter  57  and
 subdivision 8 as added by chapter 802 of the laws of 2022, is amended to
 read as follows:
   § 6801.  [Definition of practice] PRACTICE of pharmacy.  1. [The prac-
 tice of the profession of pharmacy  is  defined  as  the  administering,
 preparing,  compounding,  preserving,  or the dispensing of drugs, medi-
 cines and therapeutic devices on the basis  of  prescriptions  or  other
 legal authority, and collaborative drug therapy management in accordance
 with  the  provisions of section sixty-eight hundred one-a of this arti-
 cle.
   2. A licensed pharmacist may execute a  non-patient  specific  regimen
 prescribed  or  ordered  by  a physician licensed in this state or nurse
 practitioner certified in this state, pursuant to rules and  regulations
 promulgated  by the commissioner. When a licensed pharmacist administers
 an immunizing agent, he or she shall:
   (a) report such administration by electronic transmission or facsimile
 to the patient's attending primary health care practitioner  or  practi-
 tioners, if any, and, to the extent practicable, make himself or herself
 available  to  discuss  the  outcome of such immunization, including any
 adverse reactions, with the attending primary health care  practitioner,
 and  to the statewide immunization registry or the citywide immunization

              

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