NY State Senate Bill 2023-S7839

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Dec 27, 2023	referred to rules

co-Sponsors

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2023-S7839 (ACTIVE) - Details

See Assembly Version of this Bill:: A8596
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6801, Ed L

2023-S7839 (ACTIVE) - Summary

Provides for the initiation of treatment for COVID-19, influenza, and pharyngitis resulting from a Group A streptococcal infection by a licensed pharmacist in certain circumstances.

2023-S7839 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7839

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to authorize pharmacists to to begin treat-
ment for common ailments pursuant to a protocol developed by the Commis-
sioner of health, which will increase access to to care and reduce
strains of the healthcare system.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 6801 of Education Law, by adding a new subdivi-
sion 7-a to authorize a pharmacist to initiate treatment for COVID-19,
influenza, and pharyngitis resulting from Group A streptococcal
infection upon positive test result. This section would also direct the

Commissioner of Health (COH) to develop a protocol for pharmacists
providing this treatment. The protocol would at a minimum address
patient safety, record keeping, referral for treatment and continuity of
care, and case reporting to other healthcare professionals. This section
would also establish responsibilities of a pharmacist conducting the
treatment, which would include inquiring about and providing connections
to local primary care services for the patient, as well as record keep-
ing and reporting requirements.

Section 2 provides an effective date.

 
JUSTIFICATION:

New York State is behind the rest of the country concerning the scope of
practice for pharmacists and health care in general, especially when it
comes to collaborative practice. According to the National Association
of the Boards of Pharmacy, 39 states currently permit pharmacists to
perform non-invasive FDA-approved tests, commonly described as Clinical
Laboratory Improvement Amendments (CLIA)-waived tests. These are simple,
low-risk tests available without a prescription or medical order.

Pharmacists are licensed clinicians uniquely situated to advance New
York's public health objectives as they represent an opportunity to
engage members of the public that otherwise might not be reached.
Authorizing the Commissioner of Health to specify the tests that a phar-
macist would perform limits the actual tests to be completed by'
Ph'armacists and provides needed flexibility to respond to public health
needs and programs.

This legislation can improve therapeutic outcomes and the quality of
care overall. As mentioned, pharmacists are well-positioned to enhance
the continuity of care connected to a patient's medical home.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately and shall expire to be deemed repealed April 1,
2026.

2023-S7839 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7839
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 27, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13878-01-3

 S. 7839                             2
 
 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
 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.

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Senate Bill S7839

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2023-S7839 (ACTIVE) - Details

2023-S7839 (ACTIVE) - Summary

2023-S7839 (ACTIVE) - Sponsor Memo

2023-S7839 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7839

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Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2023-S7839 (ACTIVE) - Details

2023-S7839 (ACTIVE) - Summary

2023-S7839 (ACTIVE) - Sponsor Memo

2023-S7839 (ACTIVE) - Bill Text download pdf

Comments