What's happening
This bill allows pharmacists to administer injectable medications for mental health and substance use disorders, as prescribed by licensed providers.
Why it matters
Expands access to mental health and substance use disorder treatments. by enabling pharmacists—who are often more accessible than other healthcare providers—to administer injectable medications, potentially increasing timely treatment for patients.
Reduces barriers for ongoing care. for individuals who require regular injectable medications for mental health or substance use disorders, such as long-acting antipsychotics or medications for opioid use disorder, which may help with adherence and prevent relapses.
Leverages the expertise of pharmacists. by formally recognizing their ability to administer these treatments under a prescriber’s order, which could alleviate pressures on overburdened clinics and improve coordination within the healthcare system.
Requires regulatory oversight and collaboration. between the Commissioner of Education and the Board of Pharmacy to set standards and safeguards, aiming to ensure patient safety and proper implementation throughout New York State.
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Who cares
Headline styles
Let Pharmacists Give Mental Health Shots
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to higher education
- Returned to senate
- Died in assembly
- Referred to higher education
- Delivered to assembly
- Passed senateVote 49–13
- Ordered to third reading cal.1430
- Committee discharged and committed to rules
- Referred to higher education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4848
2019-2020 Regular Sessions
IN SENATE
March 27, 2019
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to the definition of the practice of pharmacy
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 22 of section 6802 of the education law, as amended by section 2 of part DD of chapter 57 of the laws of 2018, is amended to read as follows:
22. "Administer", for the purpose of section sixty-eight hundred one of this article, means:
a. (1) the direct application of an immunizing agent to adults, whether by injection, ingestion, inhalation or any other means, pursuant to a patient specific order or non-patient specific regimen prescribed or ordered by a physician or certified nurse practitioner, who has a practice site in the county or adjoining county in which the immunization is administered, for immunizations to prevent influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria or pertussis disease and medications required for emergency treatment of anaphylaxis. If the commissioner of health determines that there is an outbreak of disease, or that there is the imminent threat of an outbreak of disease, then the commissioner of health may issue a non-patient specific regimen applicable statewide.
[b.] (2) the direct application of an immunizing agent to children between the ages of two and eighteen years of age, whether by injection, ingestion, inhalation or any other means, pursuant to a patient specific order or non-patient specific regimen prescribed or ordered by a physician or certified nurse practitioner, who has a practice site in the county or adjoining county in which the immunization is administered, for immunization to prevent influenza and medications required for emergency treatment of anaphylaxis resulting from such immunization. If the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00670-01-9
S. 4848 2
commissioner of health determines that there is an outbreak of influenza, or that there is the imminent threat of an outbreak of influenza, then the commissioner of health may issue a non-patient specific regimen applicable statewide.
b. The injecting of medications for the treatment of mental health and substance use disorder, as prescribed or ordered by a licensed prescriber in this state and in accordance with regulations promulgated by the commissioner in consultation with the board of pharmacy.
§ 2. Section 6801 of the education law is amended by adding a new subdivision 6 to read as follows:
6. A licensed pharmacist may administer injectable medications for the treatment of mental health and substance use disorder, as prescribed or ordered by a licensed prescriber in this state and in accordance with regulations promulgated by the commissioner in consultation with the board of pharmacy.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that:
a. the amendments to subdivision 22 of section 6802 of the education law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed to expire therewith; and
b. the amendments to section 6801 of the education law made by section two of this act shall not affect the expiration of such section and shall be deemed to expire therewith. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed by the commissioner of education on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the definition of the practice of pharmacy
Purpose
This bill allows pharmacists to administer injectable medications for substance abuse and mental health.
Summary of provisions
Section 1 amends Education Law Section 6802, subdivision 22 as added by chapter 46 of the laws of 2015 to include pharmacist administered injections for mental health and substance use disorders within the definition of administer.
Section 2 amends Education Law Section 6802, subdivision 22 as added by chapter 563 of the laws of 2008 to include pharmacist administered injections for mental health and substance use disorders within the definition of administer.
Section 3 amends Education Law Section 6801 to create a new subdivision 6 to allow a licensed pharmacist to administer injectable medications for the treatment of mental health and substance use disorders.
Section 4 lists the effective date
Justification
New York is one of 11 states that do not allow pharmacist medication administrative authority for non-vaccine items and one of 14 states that do not allow pharmacists the administrative authority to administer Long-Acting Injectable Antipsychotics.
There is a public health need in the US for increased access to behav- ioral health services-including Long Acting Injectable's (LAI's) that are either used for mental health or substance abuse disorders. The challenge with the oral forms of these medications is non-adherence, which is very prevalent. For example, half of patients diagnosed with schizophrenia do not take their medications as prescribed and re-admis- sion rates are five times higher in patients who are non-adherent than those who are adherent. This high rate of non-adherence can be linked to many reasons including the side effects of the medications, diversion and other factors that can contribute to clinical relapses and hospital- izations which can cause significant distress for the patient and high costs to the health care system. More importantly, treatment goals are not being met which is of benefit to the patient and society as a whole.
Due to the high accessibility of community pharmacies which are much closer to patients homes and have more extensive hours of operations than a clinic setting, pharmacists are well suited to administer LAIs in the community setting. Additionally, pharmacies are at-e to provide on-demand or appointment based delivery - as has been implemented for vaccine administration, and they are well equipped to maintain a large medication inventory, something medical offices are not well-suited for. Moreover, the ability to allow pharmacists to administer LAI's in the community setting will also help reduce the stigma of patients who need to go to a specific-type of clinic for their disease which at times is not only a challenge with transportation but also with how they feel they will be perceived.
Finally, in the community pharmacy setting, pharmacies are able to include policies and procedures for communicating care delivery back to the patient's health care provider and other coordination services which is critical information that a provider cannot always access easily.
This bill will improve patient access and adherence while reducing stig- ma at a time when a growing number of individuals are living in our community struggling with mental health concerns and/or a substance abuse disorder.
Legislative history
2017-2018 A.8661
Fiscal implications
None
Effective date
This act shall take effect on the one-hundredth and eightieth day after it shall have become law subject to additional provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.