Bill Text: NY S07495 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the administration of the mpox vaccine by a pharmacist or a certified nurse practitioner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S07495 Detail]

Download: New_York-2023-S07495-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7495

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 31, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee 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.
                                                                   LBD11696-01-3
        S. 7495                             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,
        S. 7495                             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.