NY Bill: AN ACT to amend the education law, in relation to authorizing licensed pharmacists to administer an approved vaccine for COVID-19

New York State

The People of the State of New York, represented in Senate and Assembly, 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,
9 COVID-19, or pertussis disease and medications required for emergency
10 treatment of anaphylaxis. Nothing in this subdivision shall authorize
11 unlicensed persons to administer immunizations, vaccines or other drugs.
12 § 2. Subdivision 22 of section 6802 of the education law, as amended
13 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
14 read as follows:
15 22. “Administer”, for the purpose of section sixty-eight hundred one
16 of this article, means:
17 a. the direct application of an immunizing agent to adults, whether by
18 injection, ingestion, inhalation or any other means, pursuant to a
19 patient specific order or non-patient specific regimen prescribed or
20 ordered by a physician or certified nurse practitioner, who has a prac-
21 tice site in the county or adjoining county in which the immunization is
22 administered, for immunizations to prevent influenza, pneumococcal,
23 acute herpes zoster, meningococcal, tetanus, diphtheria, COVID-19, or
24 pertussis disease and medications required for emergency treatment of
25 anaphylaxis. If the commissioner of health determines that there is an
26 outbreak of disease, or that there is the imminent threat of an outbreak
27 of disease, then the commissioner of health may issue a non-patient
28 specific regimen applicable statewide.

EXPLANATION–Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16067-02-0
S. 8182 2

1 b. the direct application of an immunizing agent to children between
2 the ages of two and eighteen years of age, whether by injection, inges-
3 tion, inhalation or any other means, pursuant to a patient specific
4 order or non-patient specific regimen prescribed or ordered by a physi-
5 cian or certified nurse practitioner, who has a practice site in the
6 county or adjoining county in which the immunization is administered,
7 for immunization to prevent influenza and medications required for emer-
8 gency treatment of anaphylaxis resulting from such immunization. If the
9 commissioner of health determines that there is an outbreak of influen-
10 za, or that there is the imminent threat of an outbreak of influenza,
11 then the commissioner of health may issue a non-patient specific regimen
12 applicable statewide.
13 § 3. Subdivision 7 of section 6909 of the education law, as amended by
14 chapter 46 of the laws of 2015, is amended to read as follows:
15 7. A certified nurse practitioner may prescribe and order a patient
16 specific order or non-patient specific regimen to a licensed pharmacist,
17 pursuant to regulations promulgated by the commissioner, and consistent
18 with the public health law, for administering immunizations to prevent
19 influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,
20 diphtheria, COVID-19, or pertussis disease and medications required for
21 emergency treatment of anaphylaxis. Nothing in this subdivision shall
22 authorize unlicensed persons to administer immunizations, vaccines or
23 other drugs.
24 § 4. This act shall take effect the same day that a vaccine for
25 COVID-19 is approved by the United States Food and Drug Administration’s
26 Center for Biologics Evaluation and Research vaccine product approval
27 process; provided that the commissioner of health shall notify the
28 legislative bill drafting commission upon the occurrence of such
29 approval in order that the commission may maintain an accurate and time-
30 ly effective data base of the official text of the laws of the state of
31 New York in furtherance of effectuating the provisions of section 44 of
32 the legislative law and section 70-b of the public officers law;
33 provided further, that:
34 (a) the amendments to subdivision 7 of section 6527 of the education
35 law made by section one of this act shall not affect the expiration of
36 such subdivision and shall be deemed to expire therewith;
37 (b) the amendments to subdivision 22 of section 6802 of the education
38 law made by section two of this act shall not affect the repeal of such
39 subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as
40 amended, and shall be deemed repealed therewith; and
41 (c) the amendments to subdivision 7 of section 6909 of the education
42 law, made by section three of this act shall not affect the expiration
43 of such subdivision and shall be deemed to expire therewith.

https://assembly.state.ny.us/leg/?default_fld=&Text=Y&term=2019&bn=S8182