S T A T E O F N E W Y O R K
________________________________________________________________________
4501
2025-2026 Regular Sessions
I N S E N A T E
February 6, 2025
___________
Introduced by Sens. RIVERA, BORRELLO, MAY, ROLISON, SALAZAR, SEPULVEDA,
WEBB, WEIK -- 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
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 THE PATIENT 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 THE PATIENT 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03393-01-5
S. 4501 2
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
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, 2028.