Bill Text: NY A07711 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the administration of the mpox vaccine by a pharmacist or a certified nurse practitioner.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-01-03 - referred to higher education [A07711 Detail]
Download: New_York-2023-A07711-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7711 2023-2024 Regular Sessions IN ASSEMBLY June 6, 2023 ___________ Introduced by M. of A. DINOWITZ -- 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 by a pharmacist or a certified nurse practition- er 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 555 of the laws of 2021, 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: (a) administering immunizations to prevent 8 influenza to patients two years of age or older; and (b) administering 9 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A, 10 hepatitis B, human papillomavirus, measles, mumps, mpox, rubella, vari- 11 cella, COVID-19, meningococcal, tetanus, diphtheria or pertussis disease 12 and medications required for emergency treatment of anaphylaxis to 13 patients eighteen years of age or older; and (c) administering other 14 immunizations recommended by the advisory committee on immunization 15 practices of the centers for disease control and prevention for patients 16 eighteen years of age or older if the commissioner of health in consul- 17 tation with the commissioner determines that an immunization: (i) (A) 18 may be safely administered by a licensed pharmacist within their lawful 19 scope of practice; and (B) is needed to prevent the transmission of a 20 reportable communicable disease that is prevalent in New York state; or 21 (ii) is a recommended immunization for such patients who: (A) meet age 22 requirements, (B) lack documentation of such immunization, (C) lack 23 evidence of past infection, or (D) have an additional risk factor or 24 another indication as recommended by the advisory committee on immuniza- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11696-01-3A. 7711 2 1 tion practices of the centers for disease control and prevention. Noth- 2 ing in this subdivision shall authorize unlicensed persons to administer 3 immunizations, vaccines or other drugs. 4 § 2. Paragraph a of subdivision 22 of section 6802 of the education 5 law, as amended by chapter 555 of the laws of 2021, is amended to read 6 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, for: immuniza- 11 tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis 12 A, hepatitis B, human papillomavirus, measles, mumps, mpox, rubella, 13 varicella, COVID-19, meningococcal, tetanus, diphtheria or pertussis 14 disease and medications required for emergency treatment of anaphylaxis; 15 and other immunizations recommended by the advisory committee on immuni- 16 zation practices of the centers for disease control and prevention for 17 patients eighteen years of age or older if the commissioner of health in 18 consultation with the commissioner determines that an immunization: 19 (i)(A) may be safely administered by a licensed pharmacist within their 20 lawful scope of practice; and (B) is needed to prevent the transmission 21 of a reportable communicable disease that is prevalent in New York 22 state; or (ii) is a recommended immunization for such patients who: (A) 23 meet age requirements, (B) lack documentation of such immunization, (C) 24 lack evidence of past infection, or (D) have an additional risk factor 25 or another indication as recommended by the advisory committee on immun- 26 ization practices of the centers for disease control and prevention. If 27 the commissioner of health determines that there is an outbreak of 28 disease, or that there is the imminent threat of an outbreak of disease, 29 then the commissioner of health may issue a non-patient specific regimen 30 applicable statewide. 31 § 2-a. Subparagraph 1 of paragraph a of subdivision 22 of section 6802 32 of the education law, as amended by chapter 802 of the laws of 2022, is 33 amended to read as follows: 34 (1) the direct application of an immunizing agent to adults, whether 35 by injection, ingestion, inhalation or any other means, pursuant to a 36 patient specific order or non-patient specific regimen prescribed or 37 ordered by a physician or certified nurse practitioner, for: immuniza- 38 tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis 39 A, hepatitis B, human papillomavirus, measles, mumps, mpox, rubella, 40 varicella, COVID-19, meningococcal, tetanus, diphtheria or pertussis 41 disease and medications required for emergency treatment of anaphylaxis; 42 and other immunizations recommended by the advisory committee on immuni- 43 zation practices of the centers for disease control and prevention for 44 patients eighteen years of age or older if the commissioner of health in 45 consultation with the commissioner determines that an immunization: 46 (i)(A) may be safely administered by a licensed pharmacist within their 47 lawful scope of practice; and (B) is needed to prevent the transmission 48 of a reportable communicable disease that is prevalent in New York 49 state; or (ii) is a recommended immunization for such patients who: (A) 50 meet age requirements, (B) lack documentation of such immunization, (C) 51 lack evidence of past infection, or (D) have an additional risk factor 52 or another indication as recommended by the advisory committee on immun- 53 ization practices of the centers for disease control and prevention. If 54 the commissioner of health determines that there is an outbreak of 55 disease, or that there is the imminent threat of an outbreak of disease,A. 7711 3 1 then the commissioner of health may issue a non-patient specific regimen 2 applicable statewide. 3 § 3. Subdivision 7 of section 6909 of the education law, as amended by 4 chapter 555 of the laws of 2021, is amended to read as follows: 5 7. A certified nurse practitioner may prescribe and order a patient 6 specific order or non-patient specific regimen to a licensed pharmacist, 7 pursuant to regulations promulgated by the commissioner, and consistent 8 with the public health law, for: (a) administering immunizations to 9 prevent influenza to patients two years of age or older; and (b) admin- 10 istering immunizations to prevent pneumococcal, acute herpes zoster, 11 hepatitis A, hepatitis B, human papillomavirus, measles, mumps, mpox, 12 rubella, varicella, COVID-19, meningococcal, tetanus, diphtheria or 13 pertussis disease and medications required for emergency treatment of 14 anaphylaxis to patients eighteen years of age or older; and (c) adminis- 15 tering other immunizations recommended by the advisory committee on 16 immunization practices of the centers for disease control and prevention 17 for patients eighteen years of age or older if the commissioner of 18 health in consultation with the commissioner determines that an immuni- 19 zation: (i) (A) may be safely administered by a licensed pharmacist 20 within their lawful scope of practice; and (B) is needed to prevent the 21 transmission of a reportable communicable disease that is prevalent in 22 New York state; or (ii) is a recommended immunization for such patients 23 who: (A) meet age requirements, (B) lack documentation of such immuniza- 24 tion, (C) lack evidence of past infection, or (D) have an additional 25 risk factor or another indication as recommended by the advisory commit- 26 tee on immunization practices of the centers for disease control and 27 prevention. Nothing in this subdivision shall authorize unlicensed 28 persons to administer immunizations, vaccines or other drugs. 29 § 4. This act shall take effect immediately; provided that the amend- 30 ments to subdivision 22 of section 6802 of the education law made by 31 section two of this act shall be subject to the expiration of such 32 subdivision when upon such date the provisions of section two-a of this 33 act shall take effect.
