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This entry was published on 2022-04-22
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SECTION 6801
Definition of practice of pharmacy
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 137
§ 6801. Definition of practice of pharmacy. 1. The practice of the
profession of pharmacy is defined as the administering, preparing,
compounding, preserving, or the dispensing of drugs, medicines 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 article.

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
practitioners, 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 registry, as established pursuant to and to the extent
permitted by section twenty-one hundred sixty-eight of the public health
law; and

(b) provide information to the patient or, where applicable, the
person legally responsible for the patient, on the importance of having
a primary health care practitioner, developed by the commissioner of
health; and

(c) report such administration, absent of any individually
identifiable health information, to the department of health in a manner
required by the commissioner of health; and

(d) prior to administering the immunization, inform the patient or,
where applicable, the person legally responsible for the patient, of the
total cost of the immunization or immunizations, subtracting any health
insurance subsidization, if applicable. In the case the immunization is
not covered, the pharmacist must inform the patient or, where
applicable, the person legally responsible for the patient, of the
possibility that the immunization may be covered when administered by a
primary care physician or practitioner; and

(e) administer the immunization or immunizations according to the most
current recommendations by the advisory committee for immunization
practices (ACIP), provided however, that a pharmacist may administer any
immunization authorized under this section when specified by a patient
specific order.

3. No pharmacist shall administer immunizing agents without receiving
training satisfactory to the commissioner and the commissioner of health
which shall include, but not be limited to, techniques for screening
individuals and obtaining informed consent; techniques of
administration; indications, precautions and contraindications in the
use of agent or agents; record keeping of immunization and information;
and handling emergencies, including anaphylaxis and needlesticks.

4. When administering an immunization in a pharmacy, the licensed
pharmacist shall provide an area for the immunization that provides for
a patient's privacy. The privacy area should include:

a. a clearly visible posting of the most current "Recommended Adult
Immunization Schedule" published by the advisory committee for
immunization practices (ACIP); and

(b) education materials on influenza vaccinations for children as
determined by the commissioner and the commissioner of health.

5. A licensed pharmacist may execute a non-patient specific order, for
dispensing up to a seven day starter pack of HIV post-exposure
prophylaxis medications for the purpose of preventing human
immunodeficiency virus infection, by a physician licensed in this state
or nurse practitioner certified in this state, pursuant to rules and
regulations promulgated by the commissioner in consultation with the
commissioner of health following a potential human immunodeficiency
virus exposure.

6. A licensed pharmacist may execute a non-patient-specific regimen of
insulin and related supplies to an individual who has a valid
prescription for insulin and related supplies which has since expired
within the last twelve months. The valid prescription must have been
prescribed or ordered by a physician licensed in this state or nurse
practitioner certified in this state. Execution of a
non-patient-specific regimen shall be on an emergency basis provided the
pharmacist:

(a) first attempts to obtain an authorization from the prescriber of
the patient-specific prescription and cannot obtain the authorization,
and the prescriber does not object to dispensing to the patient under
the non-patient-specific regimen;

(b) provides a refill of the patient-specific prescription and the
quantity of that refill is in conformity with the directions for use
under the patient-specific prescription, but limited to an amount not to
exceed a thirty-day emergency supply; and

(c) notifies, within seventy-two hours of dispensing the refill or
refills, the prescriber of the patient-specific prescription whose
authorization could not be obtained, that an emergency prescription of
insulin has been dispensed.

* 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 tests authorized 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.

* NB Repealed April 9, 2024