Bill Text: NY A03023 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the administration of vaccines for hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist.

Spectrum: Slight Partisan Bill (Democrat 22-13)

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A03023 Detail]

Download: New_York-2021-A03023-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3023

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M.  of  A.  McDONALD,  FAHY, DICKENS, LUPARDO, PICHARDO,
          DE LA ROSA, CRUZ,  NORRIS,  MORINELLO,  DeSTEFANO,  GOTTFRIED,  SIMON,
          O'DONNELL,  STIRPE,  REYES, BLANKENBUSH, BUTTENSCHON, B. MILLER, NIOU,
          MIKULIN, JACOBSON, WALLACE, DINOWITZ, SEAWRIGHT,  STECK,  BRABENEC  --
          Multi-Sponsored  by  --  M.  of  A.  McDONOUGH, TAGUE -- read once and
          referred to the Committee on Higher Education

        AN ACT to amend the education law, in relation to authorizing the admin-
          istration of vaccines for hepatitis A, hepatitis B, and human papillo-
          mavirus by a licensed pharmacist and by a certified nurse practitioner

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  7  of  section 6527 of the education law, as
     2  amended by chapter 46 of the  laws  of  2015,  is  amended  to  read  as
     3  follows:
     4    7.  A  licensed  physician  may prescribe and order a patient specific
     5  order or non-patient specific regimen to a licensed pharmacist, pursuant
     6  to regulations promulgated by the commissioner, and consistent with  the
     7  public health law, for administering immunizations to prevent influenza,
     8  pneumococcal,  acute  herpes  zoster,  hepatitis  A,  hepatitis B, human
     9  papillomavirus, meningococcal, tetanus, diphtheria or pertussis  disease
    10  and medications required for emergency treatment of anaphylaxis. Nothing
    11  in  this  subdivision  shall  authorize unlicensed persons to administer
    12  immunizations, vaccines or other drugs.
    13    § 2. Subdivision 7 of section 6527 of the education law, as amended by
    14  chapter 110 of the laws of 2020, is amended to read as follows:
    15    7. A licensed physician may prescribe and  order  a  patient  specific
    16  order or non-patient specific regimen to a licensed pharmacist, pursuant
    17  to  regulations promulgated by the commissioner, and consistent with the
    18  public health law, for administering immunizations to prevent influenza,
    19  pneumococcal, acute herpes  zoster,  hepatitis  A,  hepatitis  B,  human
    20  papillomavirus, meningococcal, tetanus, diphtheria, COVID-19, or pertus-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01880-01-1
        A. 3023                             2

     1  sis  disease and medications required for emergency treatment of anaphy-
     2  laxis. Nothing in this subdivision shall authorize unlicensed persons to
     3  administer immunizations, vaccines or other drugs.
     4    §  3.  Paragraph  a of subdivision 22 of section 6802 of the education
     5  law, as amended by section 2 of part DD of chapter 57  of  the  laws  of
     6  2018, is amended to read as follows:
     7    a. the direct application of an immunizing agent to adults, whether by
     8  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
     9  patient specific order or non-patient  specific  regimen  prescribed  or
    10  ordered  by a physician or certified nurse practitioner, who has a prac-
    11  tice site in the county or adjoining county in which the immunization is
    12  administered, for  immunizations  to  prevent  influenza,  pneumococcal,
    13  acute  herpes  zoster,  hepatitis  A, hepatitis B, human papillomavirus,
    14  meningococcal, tetanus, diphtheria or pertussis disease and  medications
    15  required  for emergency treatment of anaphylaxis. If the commissioner of
    16  health determines that there is an outbreak of disease, or that there is
    17  the imminent threat of an outbreak of disease, then the commissioner  of
    18  health may issue a non-patient specific regimen applicable statewide.
    19    §  4.  Paragraph  a of subdivision 22 of section 6802 of the education
    20  law, as amended by chapter 110 of the laws of 2020, is amended  to  read
    21  as follows:
    22    a. the direct application of an immunizing agent to adults, whether by
    23  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
    24  patient specific order or non-patient  specific  regimen  prescribed  or
    25  ordered  by a physician or certified nurse practitioner, who has a prac-
    26  tice site in the county or adjoining county in which the immunization is
    27  administered, for  immunizations  to  prevent  influenza,  pneumococcal,
    28  acute  herpes  zoster,  hepatitis  A, hepatitis B, human papillomavirus,
    29  meningococcal, tetanus, diphtheria, COVID-19, or pertussis  disease  and
    30  medications  required  for  emergency  treatment  of anaphylaxis. If the
    31  commissioner of health determines that there is an outbreak of  disease,
    32  or that there is the imminent threat of an outbreak of disease, then the
    33  commissioner of health may issue a non-patient specific regimen applica-
    34  ble statewide.
    35    § 5. Subdivision 7 of section 6909 of the education law, as amended by
    36  chapter 46 of the laws of 2015, is amended to read as follows:
    37    7.  A  certified  nurse practitioner may prescribe and order a patient
    38  specific order or non-patient specific regimen to a licensed pharmacist,
    39  pursuant to regulations promulgated by the commissioner, and  consistent
    40  with  the  public health law, for administering immunizations to prevent
    41  influenza, pneumococcal, acute herpes zoster, hepatitis A, hepatitis  B,
    42  human  papillomavirus,  meningococcal,  tetanus, diphtheria or pertussis
    43  disease and medications required for emergency treatment of anaphylaxis.
    44  Nothing in this subdivision shall authorize unlicensed persons to admin-
    45  ister immunizations, vaccines or other drugs.
    46    § 6. Subdivision 7 of section 6909 of the education law, as amended by
    47  chapter 110 of the laws of 2020, is amended to read as follows:
    48    7. A certified nurse practitioner may prescribe and  order  a  patient
    49  specific order or non-patient specific regimen to a licensed pharmacist,
    50  pursuant  to regulations promulgated by the commissioner, and consistent
    51  with the public health law, for administering immunizations  to  prevent
    52  influenza,  pneumococcal, acute herpes zoster, hepatitis A, hepatitis B,
    53  human papillomavirus, meningococcal, tetanus, diphtheria,  COVID-19,  or
    54  pertussis  disease  and  medications required for emergency treatment of
    55  anaphylaxis. Nothing in  this  subdivision  shall  authorize  unlicensed
    56  persons to administer immunizations, vaccines or other drugs.
        A. 3023                             3

     1    § 7. This act shall take effect immediately; provided, however, that:
     2    (a)  the  amendments to subdivision 7 of section 6527 of the education
     3  law made by section two of this act shall take effect on the  same  date
     4  and  in the same manner as section 1 of chapter 110 of the laws of 2020,
     5  takes effect;
     6    (b) the amendments to subdivision 7 of section 6527 of  the  education
     7  law made by this act shall not affect the expiration of such subdivision
     8  and shall be deemed to expire therewith;
     9    (c)  the amendments to subdivision 22 of section 6802 of the education
    10  law made by section four of this act shall take effect on the same  date
    11  and  in the same manner as section 2 of chapter 110 of the laws of 2020,
    12  takes effect;
    13    (d) the amendments to subdivision 22 of section 6802 of the  education
    14  law  made by this act shall not affect the expiration and repeal of such
    15  subdivision and shall be deemed repealed therewith;
    16    (e) the amendments to subdivision 7 of section 6909 of  the  education
    17  law  made by this act shall take effect on the same date and in the same
    18  manner as section 3 of chapter 110 of the laws of  2020,  takes  effect;
    19  and
    20    (f)  the  amendments to subdivision 7 of section 6909 of the education
    21  law made by section six of this act shall not affect the  expiration  of
    22  such subdivision and shall be deemed to expire therewith.