Bill Text: NY S06337 | 2023-2024 | General Assembly | Amended

New York Senate Bill 6337

Bill Title: Relates to the administration of certain medications by a pharmacist; requires the administering pharmacist to notify the prescribing physician of the administration of the medication.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-06-07 - SUBSTITUTED BY A6779A [S06337 Detail]

Download: New_York-2023-S06337-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         6337--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 14, 2023
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the education law, in relation to the administration  of
          certain  medications  by a pharmacist; and to amend chapter 802 of the
          laws of 2022 amending the education law relating to the definition  of
          the practice of pharmacy, in relation to the effectiveness thereof

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

     1    Section 1. The opening paragraph, subparagraph 1 and subparagraph 3 of
     2  paragraph b of subdivision 22 of section 6802 of the education  law,  as
     3  amended  by  chapter  5  of  the  laws  of  2023, are amended to read as
     4  follows:
     5    The injection of medications [into the deltoid muscle] for the  treat-
     6  ment  of  mental  health  and  substance  use disorder, as prescribed or
     7  ordered by a licensed prescriber, acting within the scope of their prac-
     8  tice in this state and in accordance with regulations promulgated by the
     9  commissioner, in consultation with the  department  of  health  and  any
    10  other state agencies as necessary, provided that:
    11    (1)  Such administration is conducted pursuant to a valid patient-spe-
    12  cific prescription or patient-specific order that authorizes  a  pharma-
    13  cist to administer medications approved by the U.S. Food and Drug Admin-
    14  istration  for the treatment of mental health and substance use disorder
    15  [and the]. The pharmacist [notifies] shall notify the licensed  prescri-
    16  ber  that  the  administration  is  complete  within five days and shall
    17  convey such information to the prescriber by making  an  entry  into  an
    18  interoperable electronic medical records system, an electronic prescrib-
    19  ing  technology  or a pharmacy record, or by using facsimile, electronic
    20  transmission or other electronic means. If an electronic means described
    21  in this subparagraph is not available to the pharmacist at the  time  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10677-08-3

        S. 6337--A                          2

     1  communication,  the  pharmacist or pharmacist's designee may communicate
     2  the information by telephone. Notification shall also be required  if  a
     3  patient does not receive an administration or if the patient experiences
     4  any side effects or adverse reactions to the medications. Administration
     5  in  a  pharmacy  [may]  shall  not  commence until after the patient has
     6  received the initial injection and is considered  eligible  for  mainte-
     7  nance treatment by the licensed prescriber.
     8    (3) Such activity is conducted in accordance with regulations, promul-
     9  gated  or  adopted by the commissioner, in consultation with the depart-
    10  ment of health and any other state agencies, as necessary,  which  shall
    11  include requirements for the following:
    12    (i)  [Training  accredited  by  the accreditation council for pharmacy
    13  education, that may include  educational  experiences  obtained  through
    14  pharmacy school curricula, or a similar health authority or professional
    15  body  appropriate  for  the  medications  being  administered  and their
    16  respective patient populations. Such training must  be  satisfactory  to
    17  the  commissioner and the department of health, in consultation with the
    18  board of pharmacy and any other  state  agencies,  as  necessary,  which
    19  shall  include, but not be limited to learning modules on techniques for
    20  administration by injections, indications, precautions, and  contraindi-
    21  cations  in  the use of agent or agents; record keeping and information;
    22  and  handling  emergencies,  including  anaphylaxis,  needle-sticks  and
    23  cardiopulmonary resuscitation.
    24    (ii)]  Maintaining  continued  competency  regarding  the  populations
    25  served and medications administered.
    26    [(iii)] (ii) Pre-administration patient consent and education  regard-
    27  ing common side effects, drug interactions, injection site reactions and
    28  other  information  routinely provided to patients upon dispensing. If a
    29  patient is unable to provide consent, the pharmacist must obtain consent
    30  from a person legally responsible when the  recipient  is  incapable  of
    31  consenting.
    32    [(iv)]  (iii) When administering an injection in a pharmacy, the phar-
    33  macist shall provide an area for the injection  that  provides  for  the
    34  patient's privacy.
    35    [(v) Record keeping and reporting of such administration by electronic
    36  transmission  or facsimile to the patient's licensed prescriber, and, to
    37  the extent practicable, make himself or herself available to discuss the
    38  outcome of such injection, including any  adverse  reactions,  with  the
    39  licensed prescriber acting within their scope of practice.
    40    (vi)]  (iv)  Ensuring  that  only  U.S.  Food  and Drug Administration
    41  approved medications are administered.
    42    § 2. Subdivisions 3 and 8 of section 6801 of the education law, subdi-
    43  vision 3 as added by chapter 563 of the laws of 2008, and subdivision  8
    44  as  added  by  chapter  802  of the laws of 2022, are amended to read as
    45  follows:
    46    3. No pharmacist shall  administer  immunizing  agents  or  injectable
    47  medications  for the treatment of mental health and substance use disor-
    48  der without receiving training satisfactory to the commissioner and  the
    49  commissioner of health which shall include, but not be limited to, tech-
    50  niques  for  screening individuals and obtaining informed consent; tech-
    51  niques of administration; indications, precautions and contraindications
    52  in the use of agent or agents; record keeping of immunization and infor-
    53  mation; and handling emergencies,  including  anaphylaxis  and  needles-
    54  ticks.
    55    8.  A  licensed  pharmacist  within their lawful scope of practice may
    56  administer injectable medications [into the deltoid muscle] and  medica-

        S. 6337--A                          3

     1  tions  required  for  emergency treatment of anaphylaxis related to such
     2  administration, pursuant to section six thousand eight  hundred  two  of
     3  this  article,  for  the  treatment  of  mental health and substance use
     4  disorder,  as  prescribed  or  ordered  by a licensed prescriber, acting
     5  within their scope of practice in this  state  and  in  accordance  with
     6  regulations, including but not limited to regulations promulgated by the
     7  commissioner  in  consultation  with any other state agencies, as neces-
     8  sary.
     9    § 3. Section 3 of chapter 802 of the laws of 2022 amending the  educa-
    10  tion  law  relating  to  the  definition of the practice of pharmacy, is
    11  amended to read as follows:
    12    § 3. This act shall take effect [one year after it shall have become a
    13  law] April 1, 2024.   Effective  immediately,  the  addition,  amendment
    14  and/or repeal of any rule or regulation necessary for the implementation
    15  of  this  act  on  its  effective  date  are authorized   to be made and
    16  completed by the commissioner of education on or before such date.
    17    § 4. This act shall take effect immediately;  provided  however,  that
    18  the  amendments  to  sections 6801 and 6802 of the education law made by
    19  sections one and two of this act shall take effect on the same date  and
    20  in  the  same  manner  as chapter 802 of the laws of 2022, takes effect.
    21  Effective immediately, the addition, amendment and/or repeal of any rule
    22  or regulation necessary for the implementation of this act on its effec-
    23  tive date are authorized to be made and  completed  on  or  before  such
    24  date.