STATE OF NEW YORK ________________________________________________________________________ 6779--A 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the administration of certain medications by a pharmacist; and to amend chapter 802 of the laws of 2022 amending the education law relating to the definition of the practice of pharmacy, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph, subparagraph 1 and subparagraph 3 of 2 paragraph b of subdivision 22 of section 6802 of the education law, as 3 amended by chapter 5 of the laws of 2023, are amended to read as 4 follows: 5 The injection of medications [into the deltoid muscle] for the treat- 6 ment of mental health and substance use disorder, as prescribed or 7 ordered by a licensed prescriber, acting within the scope of their prac- 8 tice in this state and in accordance with regulations promulgated by the 9 commissioner, in consultation with the department of health and any 10 other state agencies as necessary, provided that: 11 (1) Such administration is conducted pursuant to a valid patient-spe- 12 cific prescription or patient-specific order that authorizes a pharma- 13 cist to administer medications approved by the U.S. Food and Drug Admin- 14 istration for the treatment of mental health and substance use disorder 15 [and the]. The pharmacist [notifies] shall notify the licensed prescri- 16 ber that the administration is complete within five days and shall 17 convey such information to the prescriber by making an entry into an 18 interoperable electronic medical records system, an electronic prescrib- 19 ing technology or a pharmacy record, or by using facsimile, electronic 20 transmission or other electronic means. If an electronic means described 21 in this subparagraph is not available to the pharmacist at the time of 22 communication, the pharmacist or pharmacist's designee may communicate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10677-07-3
A. 6779--A 2 1 the information by telephone. Notification shall also be required if a 2 patient does not receive an administration or if the patient experiences 3 any side effects or adverse reactions to the medications. Administration 4 in a pharmacy [may] shall not commence until after the patient has 5 received the initial injection and is considered eligible for mainte- 6 nance treatment by the licensed prescriber. 7 (3) Such activity is conducted in accordance with regulations, promul- 8 gated or adopted by the commissioner, in consultation with the depart- 9 ment of health and any other state agencies, as necessary, which shall 10 include requirements for the following: 11 (i) [Training accredited by the accreditation council for pharmacy 12 education, that may include educational experiences obtained through 13 pharmacy school curricula, or a similar health authority or professional 14 body appropriate for the medications being administered and their 15 respective patient populations. Such training must be satisfactory to 16 the commissioner and the department of health, in consultation with the 17 board of pharmacy and any other state agencies, as necessary, which 18 shall include, but not be limited to learning modules on techniques for 19 administration by injections, indications, precautions, and contraindi- 20 cations in the use of agent or agents; record keeping and information; 21 and handling emergencies, including anaphylaxis, needle-sticks and 22 cardiopulmonary resuscitation. 23 (ii)] Maintaining continued competency regarding the populations 24 served and medications administered. 25 [(iii)] (ii) Pre-administration patient consent and education regard- 26 ing common side effects, drug interactions, injection site reactions and 27 other information routinely provided to patients upon dispensing. If a 28 patient is unable to provide consent, the pharmacist must obtain consent 29 from a person legally responsible when the recipient is incapable of 30 consenting. 31 [(iv)] (iii) When administering an injection in a pharmacy, the phar- 32 macist shall provide an area for the injection that provides for the 33 patient's privacy. 34 [(v) Record keeping and reporting of such administration by electronic 35 transmission or facsimile to the patient's licensed prescriber, and, to 36 the extent practicable, make himself or herself available to discuss the 37 outcome of such injection, including any adverse reactions, with the 38 licensed prescriber acting within their scope of practice. 39 (vi)] (iv) Ensuring that only U.S. Food and Drug Administration 40 approved medications are administered. 41 § 2. Subdivisions 3 and 8 of section 6801 of the education law, subdi- 42 vision 3 as added by chapter 563 of the laws of 2008, and subdivision 8 43 as added by chapter 802 of the laws of 2022, are amended to read as 44 follows: 45 3. No pharmacist shall administer immunizing agents or injectable 46 medications for the treatment of mental health and substance use disor- 47 der without receiving training satisfactory to the commissioner and the 48 commissioner of health which shall include, but not be limited to, tech- 49 niques for screening individuals and obtaining informed consent; tech- 50 niques of administration; indications, precautions and contraindications 51 in the use of agent or agents; record keeping of immunization and infor- 52 mation; and handling emergencies, including anaphylaxis and needles- 53 ticks. 54 8. A licensed pharmacist within their lawful scope of practice may 55 administer injectable medications [into the deltoid muscle] and medica- 56 tions required for emergency treatment of anaphylaxis related to such
A. 6779--A 3 1 administration, pursuant to section six thousand eight hundred two of 2 this article, for the treatment of mental health and substance use 3 disorder, as prescribed or ordered by a licensed prescriber, acting 4 within their scope of practice in this state and in accordance with 5 regulations, including but not limited to regulations promulgated by the 6 commissioner in consultation with any other state agencies, as neces- 7 sary. 8 § 3. Section 3 of chapter 802 of the laws of 2022 amending the educa- 9 tion law relating to the definition of the practice of pharmacy, is 10 amended to read as follows: 11 § 3. This act shall take effect [one year after it shall have become a 12 law] April 1, 2024. Effective immediately, the addition, amendment 13 and/or repeal of any rule or regulation necessary for the implementation 14 of this act on its effective date are authorized to be made and 15 completed by the commissioner of education on or before such date. 16 § 4. This act shall take effect immediately; provided however, that 17 the amendments to sections 6801 and 6802 of the education law made by 18 sections one and two of this act shall take effect on the same date and 19 in the same manner as chapter 802 of the laws of 2022, takes effect. 20 Effective immediately, the addition, amendment and/or repeal of any rule 21 or regulation necessary for the implementation of this act on its effec- 22 tive date are authorized to be made and completed on or before such 23 date.