Bill Text: NY S06753 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes pharmacists to administer any immunization or vaccination required for admission and entrance to any school pursuant to section 2164 of the public health law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S06753 Detail]

Download: New_York-2019-S06753-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6753

                               2019-2020 Regular Sessions

                    IN SENATE

                                   September 27, 2019
                                       ___________

        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the education law, in relation  to  authorizing  pharma-
          cists  to  administer vaccinations required for admission and entrance
          to school

          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, meningococcal, tetanus, diphtheria or
     9  pertussis  disease  and  medications required for emergency treatment of
    10  anaphylaxis, and any immunization required for admission and entrance to
    11  any school pursuant to section  twenty-one  hundred  sixty-four  of  the
    12  public  health  law.   Nothing in this subdivision shall authorize unli-
    13  censed persons to administer immunizations, vaccines or other drugs.
    14    § 2. Subdivision 4 of section 6801 of the education law, as amended by
    15  section 1 of part DD of chapter 57 of the laws of 2018,  is  amended  to
    16  read as follows:
    17    4.  When  administering  an  immunization  in a pharmacy, the licensed
    18  pharmacist shall provide an area for the immunization that provides  for
    19  a patient's privacy. The privacy area should include:
    20    a.  a  clearly  visible posting of the most current "Recommended Adult
    21  Immunization Schedule" published by the advisory committee for immuniza-
    22  tion practices (ACIP); and
    23    (b) education materials on influenza vaccinations  and  any  immuniza-
    24  tions and vaccinations required for admission and entrance to any school

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13889-01-9

        S. 6753                             2

     1  pursuant  to  section twenty-one hundred sixty-four of the public health
     2  law for children as determined by the commissioner and the  commissioner
     3  of health.
     4    §  3.  Paragraph  b of subdivision 22 of section 6802 of the education
     5  law, as added by section 2 of part DD of chapter 57 of the laws of 2018,
     6  is amended to read as follows:
     7    b. (i) the direct application  of  an  immunizing  agent  to  children
     8  between the ages of two and eighteen years of age, whether by injection,
     9  ingestion, inhalation or any other means, pursuant to a patient specific
    10  order  or non-patient specific regimen prescribed or ordered by a physi-
    11  cian or certified nurse practitioner, who has a  practice  site  in  the
    12  county  or  adjoining  county in which the immunization is administered,
    13  for immunization to prevent influenza and medications required for emer-
    14  gency treatment of anaphylaxis resulting from such immunization. If  the
    15  commissioner  of health determines that there is an outbreak of influen-
    16  za, or that there is the imminent threat of an  outbreak  of  influenza,
    17  then the commissioner of health may issue a non-patient specific regimen
    18  applicable statewide;
    19    (ii) the direct application of an immunizing agent to children between
    20  the  ages of two and eighteen years of age, whether by injection, inges-
    21  tion, inhalation or any other means,  pursuant  to  a  patient  specific
    22  order  or non-patient specific regimen prescribed or ordered by a physi-
    23  cian or certified nurse practitioner, required  for  the  admission  and
    24  entrance to any school pursuant to section twenty-one hundred sixty-four
    25  of the public health law.
    26    § 4. Subdivision 7 of section 6909 of the education law, as amended by
    27  chapter 46 of the laws of 2015, is amended to read as follows:
    28    7.  A  certified  nurse practitioner may prescribe and order a patient
    29  specific order or non-patient specific regimen to a licensed pharmacist,
    30  pursuant to regulations promulgated by the commissioner, and  consistent
    31  with  the  public  health  law,  (i)  for administering immunizations to
    32  prevent influenza, pneumococcal,  acute  herpes  zoster,  meningococcal,
    33  tetanus,  diphtheria  or  pertussis disease and medications required for
    34  emergency treatment of anaphylaxis. Nothing in  this  subdivision  shall
    35  authorize  unlicensed  persons  to administer immunizations, vaccines or
    36  other drugs;
    37    (ii) for the direct application of an  immunizing  agent  to  children
    38  between the ages of two and eighteen years of age, whether by injection,
    39  ingestion,  inhalation or any other means required for the admission and
    40  entrance to any school pursuant to section twenty-one hundred sixty-four
    41  of the public health law.
    42    § 5. This act shall take effect immediately; provided, however, that:
    43    (a) the amendments to subdivision 7 of section 6527 of  the  education
    44  law  made  by section one of this act shall not affect the expiration of
    45  such subdivision and shall be deemed to expire therewith;
    46    (b) the amendments to subdivision 4 of section 6801 of  the  education
    47  law  made by section two of this act shall not affect the expiration and
    48  repeal of such subdivision and shall be deemed repealed therewith;
    49    (c) the amendments to subdivision 22 of section 6802 of the  education
    50  law  made  by  section three of this act shall not affect the expiration
    51  and repeal of such subdivision and shall be deemed  repealed  therewith;
    52  and
    53    (d)  the  amendments to subdivision 7 of section 6909 of the education
    54  law made by section four of this act shall not affect the expiration  of
    55  such subdivision and shall be deemed to expire therewith.
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