Relates to the administration of certain immunizations; makes provisions permanent

Summary of specific provisions

Section 1 of the bill amends S 6527(7) of the Education Law to allow a licensed physician to issue a patient specific or non-patient specific regimen to a licensed pharmacist for immunizations to prevent acute herpes zoster, tetanus, diphtheria, or pertussis.

Section 2 of the bill amends S 6909(7) of the Education Law to allow a certified nurse practitioner to issue a patient specific or non-patient specific regimen to a licensed pharmacist for immunizations to prevent acute herpes zoster, tetanus, diphtheria, or pertussis.

Section 3 of the bill amends S 6801 of the Education Law to amend approved methods of notifying primary care practitioners and being available to discuss the outcome of such immunization with an attending primary health care practitioner, require the pharmacist to inform the patient of cost prior to administering an immunization, and to adminis- ter immunizations according to recommendations by the advisory committee for immunization practices (ACIP), to make technical amendments and removes a requirement for a report that was issued in 2011.

Section 4 of the bill amends S 6802 of the Education Law to authorize pharmacists to administer immunizations to prevent acute herpes zoster, tetanus, diphtheria, or pertussis pursuant to a patient specific or non-patient specific regimen. It also authorizes a non-patient specific

regimen statewide in the event of a disease outbreak or the imminent threat of a disease outbreak, as determined by the commissioner of health. The requirement that standing orders be issued by a physician or nurse practitioner practicing in the same county in which the immuniza- tion is administered is amended to allow orders to be issued by a physi- cian or nurse practitioner in an adjoining county.

Section 5 extends by 3 years the sunset provision that applies to phar- macists' authority to administer immunizations to prevent influenza and pneumococcal disease.

Section 6 eliminates the requirement that a report be issued to the governor and legislature regarding the rates of health insurance plan coverage for immunizations to prevent acute herpes zoster. It also extends by 3 years the sunset provision that applies to pharmacists' authority to administer immunizations to prevent influenza and pneumo- coccal disease.

Section 7 adds a required report be issued to the governor and the legislature regarding rates of health insurance plan coverage to replace a report that was never completed.

Section 8 provides the effective date.

Justification

New York State, like the United States as a whole, has experienced a surge in the number of cases of pertussis in recent years. The Tdap vaccine is recommended by the CDC for adults 19 years and older who have not received a dose of Tdap, especially those who have contact with infants. Allowing pharmacists to administer the Tdap vaccine will provide more opportunities for people to get vaccinated and help reduce the cases of pertussis in New York.

Importantly, this bill also makes it easier for people to get the shin- gles vaccine, by authorizing pharmacists to administer that vaccine pursuant to a non-patient specific regimen when following ACIP recommen- dations. Currently, pharmacists may only administer this immunization pursuant to a patient-specific prescription, so an individual must first go to their doctor and obtain the prescription, then go to the pharmacy to receive the immunization.

This bill also eases the requirement that standing orders be issued by a physician practicing in the same county in which the immunization is administered, which has proven difficult to obtain in some rural areas.

Pharmacists were first authorized to administer immunizations to prevent influenza or pneumococcal in 2008, and that authority has already been extended for an additional period due to the safety and success of that program. This bill will eliminate that sunset provision, as well as the sunsets that apply to immunizations to prevent herpes zoster and menin- gococcal disease.

Prior legislative history

A.9211-A, 2014 held for consideration in higher education. Same as S.5688-A, 2014 referred to higher education.

Fiscal implications

None

Effective date

This act shall take effect immediately, provided sections 5 and 6 of the bill expire July 1, 2019.