Bill Text: NY A07046 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to the administration of certain immunizations; requires immunizing agents be administered to adults by pharmacists; authorizes a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents and meningococcal disease immunizing agents; makes provisions permanent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A07046 Detail]

Download: New_York-2015-A07046-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7046
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 21, 2015
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Higher Education
       AN  ACT to amend the education law, in relation to the administration of
         certain immunizations; to amend chapter  563  of  the  laws  of  2008,
         amending  the  education  law  and  the  public health law relating to
         immunizing agents to be administered  to  adults  by  pharmacists;  to
         amend  chapter  116  of  the  laws of 2012, amending the education law
         relating to authorizing a  licensed  pharmacist  and  certified  nurse
         practitioner  to  administer  certain  immunizing agents, and to amend
         chapter 274 of the laws of 2013, amending the education  law  relating
         to  authorizing a licensed pharmacist and certified nurse practitioner
         to administer meningococcal disease immunizing agents, in relation  to
         making the provisions thereof permanent
         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 116 of the laws of 2012 and paragraph (c) as added by
    3  chapter 274 of the laws of 2013, is amended to read as follows:
    4    7.  [(a)]  A  licensed  physician  may  prescribe  and order a PATIENT
    5  SPECIFIC ORDER OR non-patient specific regimen to a licensed pharmacist,
    6  pursuant to regulations promulgated by the commissioner, and  consistent
    7  with  the public health law, for administering immunizations [to prevent
    8  influenza or pneumococcal disease] LISTED ON  THE  ROUTINE  IMMUNIZATION
    9  SCHEDULES  RECOMMENDED BY THE FEDERAL ADVISORY COMMITTEE ON IMMUNIZATION
   10  PRACTICES and medications required for emergency treatment of anaphylax-
   11  is. Nothing in this subdivision shall authorize  unlicensed  persons  to
   12  administer immunizations, vaccines or other drugs.
   13    [(b)  A  licensed physician may prescribe and order a patient specific
   14  order to a licensed pharmacist, pursuant to regulations  promulgated  by
   15  the  commissioner, and consistent with the public health law, for admin-
   16  istering immunizations to prevent acute herpes zoster.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01794-01-5
       A. 7046                             2
    1    (c) A licensed physician may prescribe and order a non-patient specif-
    2  ic regimen to a licensed pharmacist, pursuant to regulations promulgated
    3  by the commissioner, and consistent with  the  public  health  law,  for
    4  administering immunizations to prevent meningococcal disease.]
    5    S 2. Subdivision 7 of section 6909 of the education law, as amended by
    6  chapter  116  of  the laws of 2012 and paragraph (c) as added by chapter
    7  274 of the laws of 2013, is amended to read as follows:
    8    7. [(a)] A certified nurse practitioner  may  prescribe  and  order  a
    9  PATIENT  SPECIFIC  ORDER  OR  non-patient specific regimen to a licensed
   10  pharmacist, pursuant to regulations promulgated by the commissioner, and
   11  consistent with the public health law, for  administering  immunizations
   12  [to  prevent  influenza  or  pneumococcal disease] LISTED ON THE ROUTINE
   13  IMMUNIZATION SCHEDULES RECOMMENDED BY THE FEDERAL ADVISORY COMMITTEE  ON
   14  IMMUNIZATION  PRACTICES and medications required for emergency treatment
   15  of anaphylaxis. Nothing in this subdivision shall  authorize  unlicensed
   16  persons to administer immunizations, vaccines or other drugs.
   17    [(b)  A certified nurse practitioner may prescribe and order a patient
   18  specific regimen to  a  licensed  pharmacist,  pursuant  to  regulations
   19  promulgated  by  the commissioner, and consistent with the public health
   20  law, for administering immunizations to prevent acute herpes zoster.
   21    (c) A certified nurse practitioner may prescribe and order  a  non-pa-
   22  tient specific regimen to a licensed pharmacist, pursuant to regulations
   23  promulgated  by  the commissioner, and consistent with the public health
   24  law, for administering immunizations to prevent meningococcal disease.]
   25    S 3. Subdivisions 2, 4 and 5 of section 6801  of  the  education  law,
   26  subdivisions  2  and  4  as added by chapter 563 of the laws of 2008 and
   27  subdivision 5 as added by chapter 116 of the laws of 2012,  are  amended
   28  to read as follows:
   29    2.  A  licensed  pharmacist may execute a non-patient specific regimen
   30  prescribed or ordered by a [licensed] physician LICENSED IN  THIS  STATE
   31  or  [certified]  nurse practitioner CERTIFIED IN THIS STATE, pursuant to
   32  rules and regulations promulgated by the commissioner. When  a  licensed
   33  pharmacist administers an immunizing agent, he or she shall:
   34    (a)  report  such  administration  to  the patient's attending primary
   35  health care practitioner or practitioners, if any, pursuant to rules and
   36  regulations of the commissioner; AND
   37    (b) provide information to the patient on the importance of  having  a
   38  primary  health  care  practitioner,  developed  by  the commissioner of
   39  health[; and
   40    (c) report such administration, absent of any  individually  identifi-
   41  able  health  information,  to  the  department  of  health  in a manner
   42  required by the commissioner of health].
   43    4. [The commissioner of health, in consultation with the commissioner,
   44  shall prepare and submit a report to the governor and  the  legislature,
   45  on  or  before December thirty-first, two thousand eleven, reporting the
   46  results and evaluating the effectiveness and impact, if any,  of  imple-
   47  mentation  of  subdivision  two  of this section upon the supply of such
   48  immunizing agents for  the  prevention  of  influenza  and  pneumococcal
   49  disease, upon the geographical distribution of such agents, and upon the
   50  distribution  of  such  agents  among  health  care providers, including
   51  physicians, and pharmacies in New York state.
   52    5.] When administering an immunization in  a  pharmacy,  the  licensed
   53  pharmacist  shall provide an area for the immunization that provides for
   54  a patient's privacy.
   55    S 4. Subdivision 22 of section 6802 of the education law,  as  amended
   56  by chapter 274 of the laws of 2013, is amended to read as follows:
       A. 7046                             3
    1    22.  "Administer",  for the purpose of section sixty-eight hundred one
    2  of this article, means the direct application of an immunizing agent  to
    3  adults,  whether by injection, ingestion or any other means, pursuant to
    4  [a.] a patient specific order or non-patient specific regimen prescribed
    5  or  ordered  by  a physician or certified nurse practitioner[, who has a
    6  practice site in the county in which the immunization is  administered,]
    7  for  immunizations [to prevent influenza or pneumococcal disease] LISTED
    8  ON THE ROUTINE IMMUNIZATION SCHEDULES RECOMMENDED BY THE  FEDERAL  ADVI-
    9  SORY  COMMITTEE  ON  IMMUNIZATION PRACTICES and medications required for
   10  emergency treatment of anaphylaxis  [or  b.  a  patient  specific  order
   11  prescribed or ordered by a physician or certified nurse practitioner for
   12  immunizations to prevent acute herpes zoster or meningococcal disease or
   13  c.  a  patient specific order or non-patient specific regimen prescribed
   14  or ordered by a physician or certified nurse practitioner for  immuniza-
   15  tions  to prevent meningococcal disease. If the county where the immuni-
   16  zation is to be administered has a population of  seventy-five  thousand
   17  or less, then the licensed physician or certified nurse practitioner may
   18  be  in  an  adjoining  county.  Such  administration shall be limited to
   19  immunizing agents to prevent influenza or pneumococcal disease and medi-
   20  cations required for emergency treatment of anaphylaxis]. IF THE COMMIS-
   21  SIONER OF HEALTH DETERMINES THAT THERE IS AN  OUTBREAK  OF  DISEASE,  OR
   22  THAT  THERE  IS  THE IMMINENT THREAT OF AN OUTBREAK OF DISEASE, THEN THE
   23  COMMISSIONER OF HEALTH MAY ISSUE A NON-PATIENT SPECIFIC REGIMEN APPLICA-
   24  BLE STATEWIDE.
   25    S 5. Section 8 of chapter 563 of the laws of 2008, amending the educa-
   26  tion law and the public health law relating to immunizing agents  to  be
   27  administered  to adults by pharmacists, as amended by chapter 316 of the
   28  laws of 2011, is amended to read as follows:
   29    S 8. This act shall take effect on the ninetieth day  after  it  shall
   30  have  become  a  law  [and shall expire and be deemed repealed March 31,
   31  2016].
   32    S 6. Sections 5 and 6 of chapter 116 of the laws of 2012, amending the
   33  education law relating to authorizing a licensed pharmacist  and  certi-
   34  fied  nurse  practitioner  to  administer certain immunizing agents, are
   35  amended to read as follows:
   36    S 5. [The commissioner of health, in consultation with the superinten-
   37  dent of financial services and  the  commissioner  of  education,  shall
   38  prepare  and  submit a report to the governor and the legislature, on or
   39  before October first, two thousand  fourteen,  regarding  the  rates  of
   40  health insurance plan coverage for immunizations to prevent acute herpes
   41  zoster  in  New  York  state. This information shall include, but not be
   42  limited to, the  total  number  of  people  receiving  immunizations  to
   43  prevent  acute  herpes  zoster from health care providers as compared to
   44  pharmacies in New York state; the rates of coverage from  health  insur-
   45  ance  plans,  including  Medicare, for people receiving immunizations to
   46  prevent acute herpes zoster from health care providers  as  compared  to
   47  pharmacies  in  New  York  state;  the  amount of co-pays and other fees
   48  required by health  insurance  plans,  including  Medicare,  for  people
   49  receiving  immunizations to prevent acute herpes zoster from health care
   50  providers as compared to pharmacies in New York state;  and  a  list  of
   51  health insurance plans that do not provide coverage for people receiving
   52  immunizations  to prevent acute herpes zoster from health care providers
   53  as compared to pharmacies in New York state as well  as  the  amount  or
   54  amounts  that  are  charges  to an individual receiving immunizations to
   55  prevent herpes zoster without any health insurance coverage.
       A. 7046                             4
    1    S 6.] This act shall take effect on the ninetieth day after  it  shall
    2  have  become a law [and shall expire and be deemed repealed July 1, 2015
    3  provided, that:
    4    (a)  the  amendments to subdivision 7 of section 6527 of the education
    5  law made by section one of this act shall not affect the repeal of  such
    6  subdivision and shall be deemed to be repealed therewith;
    7    (b)  the  amendments to subdivision 7 of section 6909 of the education
    8  law, made by section two of this act shall not affect the repeal of such
    9  subdivision and shall be deemed to be repealed therewith;
   10    (c) the amendments to subdivision 22 of section 6802 of the  education
   11  law  made  by  section  three of this act shall not affect the repeal of
   12  such subdivision and shall be deemed to be repealed therewith; and
   13    (d) the amendments to section  6801  of  the  education  law  made  by
   14  section four of this act shall not affect the expiration of such section
   15  and shall be deemed to expire therewith].
   16    S 7. Section 4 of chapter 274 of the laws of 2013, amending the educa-
   17  tion  law  relating  to  authorizing a licensed pharmacist and certified
   18  nurse  practitioner  to  administer  meningococcal  disease   immunizing
   19  agents, is amended to read as follows:
   20    S  4.  This  act shall take effect on the ninetieth day after it shall
   21  have become a law[; provided, that:
   22    (a) the amendments to subdivision 7 of section 6527 of  the  education
   23  law, made by section one of this act shall not affect the expiration and
   24  reversion  of  such subdivision, as provided in section 6 of chapter 116
   25  of the laws of 2012, and shall be deemed to expire therewith; and
   26    (b) the amendments to subdivision 7 of section 6909 of  the  education
   27  law, made by section two of this act shall not affect the expiration and
   28  reversion  of  such subdivision, as provided in section 6 of chapter 116
   29  of the laws of 2012, and shall be deemed to be expire therewith; and
   30    (c) the amendments to subdivision 22 of section 6802 of the  education
   31  law made by section three of this act shall not affect the expiration of
   32  such subdivision and shall be deemed to expire therewith].
   33    S 8. This act shall take effect immediately.
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