S3808B-2011 - NY Senate Open Legislation - Authorizes certain pharmacists to administer immunizations

Authorizes a pharmacist certified by the department of education to administer certain immunizations; authorizes certified nurse practitioners to administer certain immunizations.

Sponsor: FUSCHILLO

Co-sponsor(s): AVELLA, GRISANTI, MARTINS, MAZIARZ, PERALTA, RANZENHOFER

Law Section: Education Law
Law: Amd SS6527, 6909, 6801 & 6802, Ed L

S3808B-2011 Actions

Jun 20, 2012: SUBSTITUTED BY A6301D
Jun 20, 2012: ORDERED TO THIRD READING CAL.1407
Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jun 13, 2012: PRINT NUMBER 3808B
Jun 13, 2012: AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
Jan 4, 2012: REFERRED TO HIGHER EDUCATION
May 2, 2011: PRINT NUMBER 3808A
May 2, 2011: AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
Mar 4, 2011: REFERRED TO HIGHER EDUCATION

S3808B-2011 Meetings

Rules: Jun 21, 2012

S3808B-2011 Calendars

Floor Calendar: Jun 20, 2012

S3808B-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2012

Ayes (25): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins

S3808B-2011 Memo

BILL NUMBER:S3808B

TITLE OF BILL:
An act
to amend the education law, in relation to
authorizing a licensed pharmacist and certified nurse practitioner
to administer certain
immunizing
agents; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:
Authorizes licensed pharmacists and certified nurse
practitioners to administer certain immunizations

SUMMARY OF PROVISIONS:
Section 1. Amends subdivision 7 of section of
           section 6527 of the education law.

Section 2. Amends subdivision 7 of section 6909 of the education law.

Section 3. Amends subdivision 22 of section 6802 of the education law.

Section 4. Amends section 6801 of the education law.

Section 5. Reporting requirements.

Section 6. Effective date.

JUSTIFICATION:
Immunizations are the best defense against morbidity
and mortality for diseases for which vaccines are available and
studies have shown that pharmacist-provided immunizations increase
overall immunization rates. Pharmacists in New York have been
permitted to give immunizations to adults for influenza and
pneumococcal since 2008 and CDC data for the 2009-2010 flu season
indicates significant improvements in rates of immunization among
groups that have traditionally not accessed vaccinations. This
includes an increase of 8% for African Americans, 8.6% for Hispanics
and almost 13% for other ethnicities in New York.
Overall, the State saw an increase in rate of flu vaccination by New
York residents of 2.8%.

This bill expands the list of vaccines that pharmacists are permitted
to administer to include the Shingles vaccine for adults when ordered
by a patient's physician or nurse practitioner.

Providing this additional access point for this vaccine is
particularly important since less than 10% of those who are indicated
for the vaccine actually get it nationally. Further, the vaccine has
very stringent storage requirements in that it must be frozen and
administered very quickly after being thawed. Also under Medicare the
vaccine is covered as a pharmacy benefit so for the primary
population indicated for the vaccine, physicians often cannot be
reimbursed for it.


Shingles is very painful, particularly for older adults. Shingles
which develops on the face can damage the eyes and cause vision loss.
Through vaccination, we can prevent unnecessary suffering and the
serious, long term impacts of this virus on New Yorkers. The primary
way to increase the very low immunization rate in order to prevent
shingles is to allow pharmacists to administer the vaccine directly
to the public, as provided for in this legislation.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law.

S3808B-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3808--B

                         2011-2012 Regular Sessions

                              I N  SENATE

                                March 4, 2011
                                 ___________

  Introduced  by  Sens.  FUSCHILLO,  AVELLA,  GRISANTI,  MARTINS, MAZIARZ,
    PERALTA, RANZENHOFER -- read  twice  and  ordered  printed,  and  when
    printed  to  be  committed  to  the  Committee  on Higher Education --
    committee discharged, bill amended, ordered reprinted as  amended  and
    recommitted to said committee -- recommitted to the Committee on High-
    er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  AN ACT to amend the education law, in relation to authorizing a licensed
    pharmacist and certified  nurse  practitioner  to  administer  certain
    immunizing  agents;  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:


    Section  1.  Subdivision  7  of  section 6527 of the education law, as
  added by chapter 563 of the laws of 2008, is amended to read as follows:

    7. (a) A licensed physician may  prescribe  and  order  a  non-patient
  specific  regimen  to  a  licensed  pharmacist,  pursuant to regulations
  promulgated by the commissioner, and consistent with the  public  health
  law,  for administering immunizations TO PREVENT INFLUENZA OR PNEUMOCOC-
  CAL DISEASE AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF  ANAPHY-
  LAXIS. Nothing in this subdivision shall authorize unlicensed persons to
  administer immunizations, vaccines or other drugs.
    (B)  A  LICENSED  PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
  ORDER TO A LICENSED PHARMACIST, PURSUANT TO REGULATIONS  PROMULGATED  BY
  THE  COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMIN-
  ISTERING IMMUNIZATIONS TO PREVENT ACUTE HERPES ZOSTER.
    S 2. Subdivision 7 of section 6909 of the education law, as  added  by
  chapter 563 of the laws of 2008, is amended to read as follows:

    7.  (A)  A certified nurse practitioner may prescribe and order a non-
  patient specific regimen to a licensed  pharmacist,  pursuant  to  regu-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09657-15-2

 S. 3808--B                          2

  lations  promulgated by the commissioner, and consistent with the public
  health law, for administering  immunizations  TO  PREVENT  INFLUENZA  OR
  PNEUMOCOCCAL DISEASE AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF
  ANAPHYLAXIS.  Nothing  in  this  subdivision  shall authorize unlicensed
  persons to administer immunizations, vaccines or other drugs.
    (B) A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER  A  PATIENT
  SPECIFIC  REGIMEN  TO  A  LICENSED  PHARMACIST,  PURSUANT TO REGULATIONS
  PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THE  PUBLIC  HEALTH
  LAW, FOR ADMINISTERING IMMUNIZATIONS TO PREVENT ACUTE HERPES ZOSTER.
    S  3. Subdivision 22 of section 6802 of the education law, as added by
  chapter 563 of the laws of 2008, is amended to read as follows:

    22. "Administer", for the purpose of section sixty-eight  hundred  one
  of  this article, means the direct application of an immunizing agent to
  adults, whether by injection, ingestion or any other means, pursuant  to
  A.  a  patient specific order or non-patient specific regimen prescribed
  or ordered [issued] by a physician or certified nurse practitioner,  who
  has  a practice site in the county in which the immunization is adminis-
  tered, FOR IMMUNIZATIONS TO PREVENT INFLUENZA  OR  PNEUMOCOCCAL  DISEASE
  AND  MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS OR B. A
  PATIENT SPECIFIC ORDER PRESCRIBED OR ORDERED BY A PHYSICIAN OR CERTIFIED
  NURSE PRACTITIONER FOR IMMUNIZATIONS TO  PREVENT  ACUTE  HERPES  ZOSTER.
  [However  if] IF the county where the immunization is to be administered
  has a population of seventy-five thousand or  less,  then  the  licensed
  physician or certified nurse practitioner may be in an adjoining county.
  Such  administration  shall  be  limited to immunizing agents to prevent
  influenza or pneumococcal disease and medications required for emergency
  treatment of anaphylaxis.
    S 4. Section 6801 of the education law is  amended  by  adding  a  new
  subdivision 5 to read as follows:

    5.  WHEN  ADMINISTERING  AN  IMMUNIZATION  IN A PHARMACY, THE LICENSED
  PHARMACIST SHALL PROVIDE AN AREA FOR THE IMMUNIZATION THAT PROVIDES  FOR
  A PATIENT'S PRIVACY.
    S  5. The commissioner of health, in consultation with the superinten-
  dent of financial services and  the  commissioner  of  education,  shall
  prepare  and  submit a report to the governor and the legislature, on or
  before October first, two thousand  fourteen,  regarding  the  rates  of
  health insurance plan coverage for immunizations to prevent acute herpes
  zoster  in  New  York  state. This information shall include, but not be
  limited to, the  total  number  of  people  receiving  immunizations  to
  prevent  acute  herpes  zoster from health care providers as compared to
  pharmacies in New York state; the rates of coverage from  health  insur-
  ance  plans,  including  Medicare, for people receiving immunizations to
  prevent acute herpes zoster from health care providers  as  compared  to
  pharmacies  in  New  York  state;  the  amount of co-pays and other fees
  required by health  insurance  plans,  including  Medicare,  for  people
  receiving  immunizations to prevent acute herpes zoster from health care
  providers as compared to pharmacies in New York state;  and  a  list  of
  health insurance plans that do not provide coverage for people receiving
  immunizations  to prevent acute herpes zoster from health care providers
  as compared to pharmacies in New York state as well  as  the  amount  or
  amounts  that  are  charges  to an individual receiving immunizations to
  prevent herpes zoster without any health insurance coverage.
    S 6. This act shall take effect on the ninetieth day  after  it  shall
  have  become  a law and shall expire and be deemed repealed July 1, 2015
  provided, that:


 S. 3808--B                          3

    (a) the amendments to subdivision 7 of section 6527 of  the  education
  law  made by section one of this act shall not affect the repeal of such
  subdivision and shall be deemed to be repealed therewith;
    (b)  the  amendments to subdivision 7 of section 6909 of the education
  law, made by section two of this act shall not affect the repeal of such
  subdivision and shall be deemed to be repealed therewith;
    (c) the amendments to subdivision 22 of section 6802 of the  education
  law  made  by  section  three of this act shall not affect the repeal of
  such subdivision and shall be deemed to be repealed therewith; and
    (d) the amendments to section  6801  of  the  education  law  made  by
  section four of this act shall not affect the expiration of such section
  and shall be deemed to expire therewith.

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S3808B-2011: Authorizes certain pharmacists to administer immunizations