Bill Text: NY S07839 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides for the initiation of treatment for COVID-19, influenza, and pharyngitis resulting from a Group A streptococcal infection by a licensed pharmacist in certain circumstances.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S07839 Detail]

Download: New_York-2023-S07839-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7839

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 27, 2023
                                       ___________

        Introduced  by  Sen.  RIVERA -- 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  the  definition  of
          practice  of pharmacy; and providing for the repeal of such provisions
          upon expiration thereof

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

     1    Section  1.  Section  6801 of the education law is amended by adding a
     2  new subdivision 7-a to read as follows:
     3    7-a. (a) A licensed pharmacist may initiate  treatment  for  COVID-19,
     4  influenza,  and  pharyngitis  resulting  from  a  Group  A streptococcal
     5  infection upon a positive test result conducted pursuant to  subdivision
     6  seven  of  this  section. Such treatment shall be provided pursuant to a
     7  statewide protocol developed by the department of health. Such  protocol
     8  shall address issues including but not limited to patient safety, record
     9  keeping,  referral  for treatment and continuity of care, case reporting
    10  to the patient's primary care or other health care providers. The proto-
    11  col shall also include procedures  for  appropriate  referrals  for  any
    12  patient  that  requires  additional  treatment or experiences an adverse
    13  reaction to the treatment authorized pursuant to this subdivision.
    14    (b) A pharmacist initiating treatment under this protocol shall  at  a
    15  minimum:  (i)  inquire  of  each patient whether he or she has a primary
    16  care provider or other health care provider that the  patient  regularly
    17  sees;  and  (ii)  maintain  and regularly update a list of local primary
    18  care providers including those located in the applicable zip  code  area
    19  and adjacent zip code areas of the pharmacy. This list shall be provided
    20  to  each  patient  who  indicates that he or she does not have a primary
    21  care provider.
    22    (c) The department of health shall produce, maintain, and periodically
    23  update a list of primary care providers on its  website,  in  searchable
    24  form  that  shall  include relevant zip codes of the providers. The list

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13878-01-3

        S. 7839                             2

     1  developed by the department of health shall identify preferred providers
     2  who have achieved recognition as a patient centered medical home  (PCMH)
     3  or  other similar designation and a description of what such designation
     4  means.  The  list  shall  include federally qualified health centers and
     5  other providers who serve Medicaid, low-income and  uninsured  patients,
     6  and  people with disabilities and shall identify cultural and linguistic
     7  capabilities when available.
     8    (d) A pharmacist shall retain a record of the test result  and  treat-
     9  ment  as  part  of  the  patient record and shall at a minimum provide a
    10  report of the test result and  treatment  to  the  patient's  designated
    11  physician, physician's assistant or nurse practitioner, unless otherwise
    12  directed by the patient.
    13    §  2.  This  act shall take effect immediately and shall expire and be
    14  deemed repealed April 1, 2026.
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