New York A 3023: Authorizes the administration of vaccines for hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist

Bill Text

STATE OF NEW YORK
________________________________________________________________________
3023--B
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
___________
Introduced by M. of A. McDONALD, FAHY, DICKENS, LUPARDO, PICHARDO,
DE LA ROSA, CRUZ, NORRIS, MORINELLO, DeSTEFANO, GOTTFRIED, SIMON,
O'DONNELL, STIRPE, REYES, BLANKENBUSH, BUTTENSCHON, B. MILLER, NIOU,
MIKULIN, JACOBSON, WALLACE, DINOWITZ, SEAWRIGHT, STECK, BRABENEC,
RAMOS, GALLAHAN, DURSO, ENGLEBRIGHT, TAGUE, ANGELINO, DAVILA, LEMONDES
-- Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred
to the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to authorizing the admin-
istration of vaccines for hepatitis A, hepatitis B, human papillomavi-
rus, measles, mumps, rubella, varicella and COVID-19 by a licensed
pharmacist and requiring pharmacists who administer immunizations to
report the immunizations to the department of health
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 influen-
8 ]za, immunizing agents to prevent influenza to patients two years of age
9 or older, and for patients eighteen years of age or older, pharmacists
10 pneumococcal, acute herpesmay administer immunizing agents to prevent
11 zoster, hepatitis A, hepatitis B, human papillomavirus, measles, mumps,
12 meningococcal, tetanus, diphtheria orrubella, varicella, , COVID-19
13 pertussis disease and medications required for emergency treatment of
14 anaphylaxis; and for other immunizations recommended by the advisory
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD01880-11-1

A. 3023--B 2
1 committee on immunization practices of the centers for disease control
2 and prevention for patients eighteen years of age or older if the
3 commissioner of health in consultation with the commissioner of educa-
4 tion determines that an immunization: (i) (A) may be administered by
5 pharmacists; and (B) is needed to prevent the transmission of a report-
6 able communicable disease that is prevalent in New York state; or (ii)
7 is a recommended vaccination for adults who meet age requirements, lack
8 documentation of vaccination, lack evidence of past infection, or is a
9 recommended vaccination for adults with an additional risk factor or
10 another indication as recommended by the advisory committee on immuniza-
11 .tion practices (ACIP) of the centers for disease control and prevention
12 Nothing in this subdivision shall authorize unlicensed persons to admin-
13 ister immunizations, vaccines or other drugs.
14 § 2. Subdivision 7 of section 6527 of the education law, as amended by
15 chapter 110 of the laws of 2020, is amended to read as follows:
16 7. A licensed physician may prescribe and order a patient specific
17 order or non-patient specific regimen to a licensed pharmacist, pursuant
18 to regulations promulgated by the commissioner, and consistent with the
19 public health law, for administering [immunizations to prevent influen-
20 ]za, immunizing agents to prevent influenza to patients two years of age
21 or older, and for patients eighteen years of age or older, pharmacists
22 pneumococcal, acute herpesmay administer immunizing agents to prevent
23 zoster, hepatitis A, hepatitis B, human papillomavirus, measles, mumps,
24 meningococcal, tetanus, diphtheria, COVID-19, orrubella, varicella,
25 pertussis disease and medications required for emergency treatment of
26 anaphylaxis; and for other immunizations recommended by the advisory
27 committee on immunization practices of the centers for disease control
28 and prevention for patients eighteen years of age or older if the
29 commissioner of health in consultation with the commissioner of educa-
30 tion determines that an immunization: (i)(A) may be administered by
31 pharmacists; and (B) is needed to prevent the transmission of a report-
32 able communicable disease that is prevalent in New York state; or
33 (ii) is a recommended vaccination for adults who meet age requirements,
34 lack documentation of vaccination, lack evidence of past infection, or
35 is a recommended vaccination for adults with an additional risk factor
36 or another indication as recommended by the advisory committee on immun-
37 ization practices (ACIP) of the centers for d