S T A T E O F N E W Y O R K
________________________________________________________________________
3285
2025-2026 Regular Sessions
I N A S S E M B L Y
January 27, 2025
___________
Introduced by M. of A. McDONALD, SAYEGH, SEAWRIGHT, MEEKS, JONES,
JENSEN, LUPARDO, STIRPE, BUTTENSCHON, LUNSFORD, SIMON, SIMONE, LEVEN-
BERG, BLUMENCRANZ, HEVESI, RAMOS, LAVINE, MILLER, BRONSON, ZACCARO,
COLTON, DAVILA, ANGELINO, BENDETT -- Multi-Sponsored by -- M. of A.
TAGUE -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to allowing a licensed
pharmacist to order and administer certain tests; and to amend part C
of chapter 57 of the laws of 2022 amending the public health law and
the education law relating to allowing pharmacists to direct limited
service laboratories and order and administer COVID-19 and influenza
tests and modernizing nurse practitioners, in relation to the effec-
tiveness 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 6801 of the education law, as
added by section 2 of part C of chapter 57 of the laws of 2022, is
amended to read as follows:
7. A licensed pharmacist is a qualified health care professional under
section five hundred seventy-one of the public health law for the
purposes of directing a limited service laboratory and ordering and
administering COVID-19 [and], influenza, RESPIRATORY SYNCYTIAL VIRUS
(RSV), PHARYNGITIS RESULTING FROM A GROUP A STREPTOCOCCAL INFECTION,
HBA1C, HEPATITIS C, AND HUMAN IMMUNODEFICIENCY VIRUS (HIV) tests author-
ized by the Food and Drug Administration (FDA), subject to certificate
of waiver requirements established pursuant to the federal clinical
laboratory improvement act of nineteen hundred eighty-eight.
§ 2. Section 8 of part C of chapter 57 of the laws of 2022 amending
the public health law and the education law relating to allowing pharma-
cists to direct limited service laboratories and order and administer
COVID-19 and influenza tests and modernizing nurse practitioners, as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04152-01-5
A. 3285 2
amended by section 1 of part P of chapter 57 of the laws of 2024, is
amended to read as follows:
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, that sections one, two, three, four, six and seven of this act
shall expire and be deemed repealed July 1, [2026] 2028.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 7 of section 6801 of the education law
made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.