NY State Senate Bill 2023-S6337A

Current Bill Status Via A6779 - 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2023	signed chap.746
Dec 12, 2023	delivered to governor
Jun 07, 2023	returned to assembly passed senate 3rd reading cal.1686 substituted for s6337a
Jun 07, 2023	substituted by a6779a ordered to third reading cal.1686 committee discharged and committed to rules
May 19, 2023	print number 6337a
May 19, 2023	amend (t) and recommit to higher education
Apr 14, 2023	referred to higher education

Votes

- Jun 7, 2023 - Floor Vote
  A6779
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Martins
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S6337A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S6337 - Details

See Assembly Version of this Bill:: A6779
Law Section:: Education Law
Laws Affected:: Amd §§6802 & 6801, Ed L; amd §3, Chap 802 of 2022

2023-S6337 - Summary

Relates to the administration of certain medications by a pharmacist; requires the administering pharmacist to notify the prescribing physician of the administration of the medication.

2023-S6337 - Sponsor Memo

                                 
BILL NUMBER: S6337

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the education law, in relation to the administration of
certain medications by a pharmacist

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the opening paragraph and subparagraph 1 of paragraph
b of 2 subdivision 22 of section 6802 of the education law to remove the
limitation of injections into the deltoid and provides a notification
requirement within five days of administration of the injection.

Section two amends subdivision 8 of section 6801 of the education law to
remove the limitation of injections into the deltoid in the pharmacist
scope of practice.

Section three sets forth the effective date.

 
JUSTIFICATION:

New York is one of 11 states that do not allow pharmacist medication
administrative authority for non-vaccine items and one of 14 states that
do not allow pharmacists the administrative authority to administer
Long-Acting Injectable Antipsychotics.

There is a public health need in the US for increased access to behav-
ioral health services-including Long Acting Injectables (LAIS) that are
either used for mental health or substance use disorders.  The challenge
with the oral forms of these medications is non-adherence, which is very
prevalent. For example, half of patients diagnosed with schizophrenia do
not take their medications as prescribed and re-admission rates are five
times higher in patients who are non-adherent than those who are adher-
ent. This high rate of non-adherence can be linked to many reasons
including the side effects of the medications, diversion and other
factors that can contribute to clinical relapses and hospitalizations
which can cause significant distress for the patient and high costs to
the health care system. More importantly, treatment goals are not being
met which is of benefit to the patient and society as a whole.

Due to the high accessibility of community pharmacies that are much
closer to patient's homes and have more extensive hours of operations
than a clinic setting, pharmacists are well suited to administer LAIs in
the community setting. Additionally, pharmacies are able to provide
on-demand or appointment-based delivery as has been implemented for
vaccine administration and they are well equipped to maintain a large
medication inventory, something medical offices are not well-suited for.
Moreover, the ability to allow pharmacists to administer LAI's in the
community setting will also help reduce the stigma of patients who need
to go to a specific type of clinic for their disease which at times is
not only a challenge with transportation but also with how they feel
they will be perceived. In addition, the COVID-19 pandemic may make a
patient less likely to travel to a traditional medical setting. Finally,
in the community pharmacy setting, pharmacies are able to include poli-
cies and procedures for communicating care delivery back to the
patient's health care provider and other coordination services which is
critical information that a provider cannot always access easily.
This bill will improve patient access and adherence while reducing stig-
ma at a time when a growing number of individuals in our communities are
struggling with mental health concerns and/or a substance use disease.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:  None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 5 of the laws of 2023, takes effect. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such date.

2023-S6337 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6337
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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 administration  of
   certain medications by a pharmacist
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and subparagraph 1 of paragraph b  of
 subdivision 22 of section 6802 of the education law, as amended by chap-
 ter 5 of the laws of 2023, are amended to read as follows:
   The  injection of medications [into the deltoid muscle] for the treat-
 ment of mental health and  substance  use  disorder,  as  prescribed  or
 ordered by a licensed prescriber, acting within the scope of their prac-
 tice in this state and in accordance with regulations promulgated by the
 commissioner,  in  consultation  with  the  department of health and any
 other state agencies as necessary, provided that:
   (1) Such administration is conducted pursuant to a valid  prescription
 or order that authorizes a pharmacist to administer medications approved
 by  the  U.S.  Food  and Drug Administration for the treatment of mental
 health and substance use disorder [and the]. THE  pharmacist  [notifies]
 MUST  NOTIFY the licensed prescriber that the administration is complete
 WITHIN FIVE DAYS AND SHALL CONVEY TO THE PRESCRIBER, BY MAKING AN  ENTRY
 INTO  AN  INTEROPERABLE ELECTRONIC MEDICAL RECORDS SYSTEM, AN ELECTRONIC
 PRESCRIBING TECHNOLOGY OR A PHARMACY  RECORD,  OR  BY  USING  FACSIMILE,
 ELECTRONIC  TRANSMISSION  OR  OTHER  ELECTRONIC  MEANS. IF AN ELECTRONIC
 MEANS DESCRIBED IN THIS PARAGRAPH IS NOT AVAILABLE TO THE PHARMACIST  AT
 THE  TIME  OF COMMUNICATION, THE PHARMACIST OR PHARMACIST'S DESIGNEE MAY
 COMMUNICATE THE INFORMATION BY TELEPHONE. NOTIFICATION IS ALSO  REQUIRED
 IF  A  PATIENT  DOES  NOT RECEIVE AN ADMINISTRATION. Administration in a
 pharmacy may not commence until  after  the  patient  has  received  the
 initial  injection  and is considered eligible for maintenance treatment
 by the licensed prescriber.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10677-02-3

 S. 6337                             2
 
   § 2. Subdivision 8 of section 6801 of the education law, as  added  by
 chapter 802 of the laws of 2022, is amended to read as follows:
   8.  A  licensed  pharmacist  within their lawful scope of practice may
 administer injectable medications [into the deltoid muscle], pursuant to
 section six thousand eight hundred two of this article, for  the  treat-
 ment  of  mental  health  and  substance  use disorder, as prescribed or
 ordered by a licensed prescriber, acting within their scope of  practice
 in  this  state  and  in  accordance with regulations, including but not
 limited to regulations promulgated by the commissioner  in  consultation
 with any other state agencies, as necessary.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 5 of the laws of 2023, takes effect.  Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such date.

2023-S6337A (ACTIVE) - Details

See Assembly Version of this Bill:: A6779
Law Section:: Education Law
Laws Affected:: Amd §§6802 & 6801, Ed L; amd §3, Chap 802 of 2022

2023-S6337A (ACTIVE) - Summary

Relates to the administration of certain medications by a pharmacist; requires the administering pharmacist to notify the prescribing physician of the administration of the medication.

2023-S6337A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6337A

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the education law, in relation to the administration of
certain medications by a pharmacist; and to amend chapter 802 of the
laws of 2022 amending the education law relating to the definition of
the practice of pharmacy, in relation to the effectiveness thereof

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the opening paragraph and subparagraph 1 of paragraph
b of 2 subdivision 22 of section 6802 of the education law to remove the
limitation of injections into the deltoid and provides a notification
requirement within five days of administration of the injection.

Section two amends subdivision 8 of section 6801 of the education law to
remove the limitation of injections into the deltoid in the pharmacist
scope of practice.

Section three sets forth the effective date.

 
JUSTIFICATION:

New York is one of 11 states that do not allow pharmacist medication
administrative authority for non-vaccine items and one of 14 states that
do not allow pharmacists the administrative authority to administer
Long-Acting Injectable Antipsychotics.

There is a public health need in the US for increased access to behav-
ioral health services-including Long Acting Injectables (LAIS) that are
either used for mental health or substance use disorders.  The challenge
with the oral forms of these medications is non-adherence, which is very
prevalent. For example, half of patients diagnosed with schizophrenia do
not take their medications as prescribed and re-admission rates are five
times higher in patients who are non-adherent than those who are adher-
ent. This high rate of non-adherence can be linked to many reasons
including the side effects of the medications, diversion and other
factors that can contribute to clinical relapses and hospitalizations
which can cause significant distress for the patient and high costs to
the health care system. More importantly, treatment goals are not being
met which is of benefit to the patient and society as a whole.

Due to the high accessibility of community pharmacies that are much
closer to patient's homes and have more extensive hours of operations
than a clinic setting, pharmacists are well suited to administer LAIs in
the community setting. Additionally, pharmacies are able to provide
on-demand or appointment-based delivery as has been implemented for
vaccine administration and they are well equipped to maintain a large
medication inventory, something medical offices are not well-suited for.
Moreover, the ability to allow pharmacists to administer LAI's in the
community setting will also help reduce the stigma of patients who need
to go to a specific type of clinic for their disease which at times is
not only a challenge with transportation but also with how they feel
they will be perceived. In addition, the COVID-19 pandemic may make a
patient less likely to travel to a traditional medical setting. Finally,
in the community pharmacy setting, pharmacies are able to include poli-
cies and procedures for communicating care delivery back to the
patient's health care provider and other coordination services which is
critical information that a provider cannot always access easily.  This
bill will improve patient access and adherence while reducing stigma at
a time when a growing number of individuals in our communities are
struggling with mental health concerns and/or a substance use disease.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect April 1, 2024. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed by the commissioner of education on or before
such date.
This act shall take effect immediately; provided however, that the
amendments to sections 6801 and 6802 of the education law made by
sections one and two of this act shall take effect on the same date and
in the same manner as chapter 802 of the laws of 2022, takes effect.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
date.

2023-S6337A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6337--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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 the administration  of
   certain  medications  by a pharmacist; and to amend chapter 802 of the
   laws of 2022 amending the education law relating to the definition  of
   the practice of pharmacy, 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. The opening paragraph, subparagraph 1 and subparagraph 3 of
 paragraph b of subdivision 22 of section 6802 of the education  law,  as
 amended  by  chapter  5  of  the  laws  of  2023, are amended to read as
 follows:
   The injection of medications [into the deltoid muscle] for the  treat-
 ment  of  mental  health  and  substance  use disorder, as prescribed or
 ordered by a licensed prescriber, acting within the scope of their prac-
 tice in this state and in accordance with regulations promulgated by the
 commissioner, in consultation with the  department  of  health  and  any
 other state agencies as necessary, provided that:
   (1)  Such administration is conducted pursuant to a valid PATIENT-SPE-
 CIFIC prescription or PATIENT-SPECIFIC order that authorizes  a  pharma-
 cist to administer medications approved by the U.S. Food and Drug Admin-
 istration  for the treatment of mental health and substance use disorder
 [and the]. THE pharmacist [notifies] SHALL NOTIFY the licensed  prescri-
 ber  that  the  administration  is  complete  WITHIN FIVE DAYS AND SHALL
 CONVEY SUCH INFORMATION TO THE PRESCRIBER BY MAKING  AN  ENTRY  INTO  AN
 INTEROPERABLE ELECTRONIC MEDICAL RECORDS SYSTEM, AN ELECTRONIC PRESCRIB-
 ING  TECHNOLOGY  OR A PHARMACY RECORD, OR BY USING FACSIMILE, ELECTRONIC
 TRANSMISSION OR OTHER ELECTRONIC MEANS. IF AN ELECTRONIC MEANS DESCRIBED
 IN THIS SUBPARAGRAPH IS NOT AVAILABLE TO THE PHARMACIST AT THE  TIME  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10677-08-3

 S. 6337--A                          2
 
 COMMUNICATION,  THE  PHARMACIST OR PHARMACIST'S DESIGNEE MAY COMMUNICATE
 THE INFORMATION BY TELEPHONE. NOTIFICATION SHALL ALSO BE REQUIRED  IF  A
 PATIENT DOES NOT RECEIVE AN ADMINISTRATION OR IF THE PATIENT EXPERIENCES
 ANY SIDE EFFECTS OR ADVERSE REACTIONS TO THE MEDICATIONS. Administration
 in  a  pharmacy  [may]  SHALL  not  commence until after the patient has
 received the initial injection and is considered  eligible  for  mainte-
 nance treatment by the licensed prescriber.
   (3) Such activity is conducted in accordance with regulations, promul-
 gated  or  adopted by the commissioner, in consultation with the depart-
 ment of health and any other state agencies, as necessary,  which  shall
 include requirements for the following:
   (i)  [Training  accredited  by  the accreditation council for pharmacy
 education, that may include  educational  experiences  obtained  through
 pharmacy school curricula, or a similar health authority or professional
 body  appropriate  for  the  medications  being  administered  and their
 respective patient populations. Such training must  be  satisfactory  to
 the  commissioner and the department of health, in consultation with the
 board of pharmacy and any other  state  agencies,  as  necessary,  which
 shall  include, but not be limited to learning modules on techniques for
 administration by injections, indications, precautions, and  contraindi-
 cations  in  the use of agent or agents; record keeping and information;
 and  handling  emergencies,  including  anaphylaxis,  needle-sticks  and
 cardiopulmonary resuscitation.
   (ii)]  Maintaining  continued  competency  regarding  the  populations
 served and medications administered.
   [(iii)] (II) Pre-administration patient consent and education  regard-
 ing common side effects, drug interactions, injection site reactions and
 other  information  routinely provided to patients upon dispensing. If a
 patient is unable to provide consent, the pharmacist must obtain consent
 from a person legally responsible when the  recipient  is  incapable  of
 consenting.
   [(iv)]  (III) When administering an injection in a pharmacy, the phar-
 macist shall provide an area for the injection  that  provides  for  the
 patient's privacy.
   [(v) Record keeping and reporting of such administration by electronic
 transmission  or facsimile to the patient's licensed prescriber, and, to
 the extent practicable, make himself or herself available to discuss the
 outcome of such injection, including any  adverse  reactions,  with  the
 licensed prescriber acting within their scope of practice.
   (vi)]  (IV)  Ensuring  that  only  U.S.  Food  and Drug Administration
 approved medications are administered.
   § 2. Subdivisions 3 and 8 of section 6801 of the education law, subdi-
 vision 3 as added by chapter 563 of the laws of 2008, and subdivision  8
 as  added  by  chapter  802  of the laws of 2022, are amended to read as
 follows:
   3. No pharmacist shall  administer  immunizing  agents  OR  INJECTABLE
 MEDICATIONS  FOR THE TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISOR-
 DER without receiving training satisfactory to the commissioner and  the
 commissioner of health which shall include, but not be limited to, tech-
 niques  for  screening individuals and obtaining informed consent; tech-
 niques of administration; indications, precautions and contraindications
 in the use of agent or agents; record keeping of immunization and infor-
 mation; and handling emergencies,  including  anaphylaxis  and  needles-
 ticks.
   8.  A  licensed  pharmacist  within their lawful scope of practice may
 administer injectable medications [into the deltoid muscle] AND  MEDICA-
 S. 6337--A                          3
 
 TIONS  REQUIRED  FOR  EMERGENCY TREATMENT OF ANAPHYLAXIS RELATED TO SUCH
 ADMINISTRATION, pursuant to section six thousand eight  hundred  two  of
 this  article,  for  the  treatment  of  mental health and substance use
 disorder,  as  prescribed  or  ordered  by a licensed prescriber, acting
 within their scope of practice in this  state  and  in  accordance  with
 regulations, including but not limited to regulations promulgated by the
 commissioner  in  consultation  with any other state agencies, as neces-
 sary.
   § 3. Section 3 of chapter 802 of the laws of 2022 amending the  educa-
 tion  law  relating  to  the  definition of the practice of pharmacy, is
 amended to read as follows:
   § 3. This act shall take effect [one year after it shall have become a
 law] APRIL 1, 2024.   Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are authorized   to be made and
 completed by the commissioner of education on or before such date.
   § 4. This act shall take effect immediately;  provided  however,  that
 the  amendments  to  sections 6801 and 6802 of the education law made by
 sections one and two of this act shall take effect on the same date  and
 in  the  same  manner  as chapter 802 of the laws of 2022, takes effect.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 date.

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Senate Bill S6337A

Sponsored By

Current Bill Status Via A6779 - Signed by Governor

Jun 7, 2023 - Floor Vote

Floor Vote: Jun 7, 2023

Jun 7, 2023 - Rules Committee Vote

Rules Committee Vote: Jun 7, 2023

Bill Amendments

2023-S6337 - Details

2023-S6337 - Summary

2023-S6337 - Sponsor Memo

2023-S6337 - Bill Text download pdf

2023-S6337A (ACTIVE) - Details

2023-S6337A (ACTIVE) - Summary

2023-S6337A (ACTIVE) - Sponsor Memo

2023-S6337A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6337A

Share this bill

Sponsored By

Neil D. Breslin

Current Bill Status Via A6779 - Signed by Governor

Bill Amendments

2023-S6337 - Details

2023-S6337 - Summary

2023-S6337 - Sponsor Memo

2023-S6337 - Bill Text download pdf

2023-S6337A (ACTIVE) - Details

2023-S6337A (ACTIVE) - Summary

2023-S6337A (ACTIVE) - Sponsor Memo

2023-S6337A (ACTIVE) - Bill Text download pdf

Comments