N.Y. Educ. Law § 6801
Definition of practice of pharmacy
Redline — January 1, 2015 → January 1, 2016.View current text →
As of January 1, 2016
As of January 1, 2015
* § 6801. Definition of practice of pharmacy. 1. The practice of the\nprofession of pharmacy is defined as the administering, preparing,\ncompounding, preserving, or the dispensing of drugs, medicines and\ntherapeutic devices on the basis of prescriptions or other legal\nauthority, and collaborative drug therapy management in accordance with\nthe provisions of section sixty-eight hundred one-a of this article.\n 2. A licensed pharmacist may execute a non-patient specific regimen\nprescribed or ordered by a licensed physician or certified nurse\npractitioner, pursuant to rules and regulations promulgated by the\ncommissioner. When a licensed pharmacist administers an immunizing\nagent, he or she shall:\n (a) report such administration to the patient's attending primary\nhealth care practitioner or practitioners, if any, pursuant to rules and\nregulations of the commissioner;\n (b) provide information to the patient on the importance of having a\nprimary health care practitioner, developed by the commissioner of\nhealth; and\n (c) report such administration, absent of any individually\nidentifiable health information, to the department of health in a manner\nrequired by the commissioner of health.\n 3. No pharmacist shall administer immunizing agents without receiving\ntraining satisfactory to the commissioner and the commissioner of health\nwhich shall include, but not be limited to, techniques for screening\nindividuals and obtaining informed consent; techniques of\nadministration; indications, precautions and contraindications in the\nuse of agent or agents; record keeping of immunization and information;\nand handling emergencies, including anaphylaxis and needlesticks.\n 4. The commissioner of health, in consultation with the commissioner,\nshall prepare and submit a report to the governor and the legislature,\non or before December thirty-first, two thousand eleven, reporting the\nresults and evaluating the effectiveness and impact, if any, of\nimplementation of subdivision two of this section upon the supply of\nsuch immunizing agents for the prevention of influenza and pneumococcal\ndisease, upon the geographical distribution of such agents, and upon the\ndistribution of such agents among health care providers, including\nphysicians, and pharmacies in New York state.\n **5. When administering an immunization in a pharmacy, the licensed\npharmacist shall provide an area for the immunization that provides for\na patient's privacy.\n ** NB Repealed July 1, 2015\n * NB Effective until March 31, 2016\n * § 6801. Definition of practice of pharmacy. The practice of the\nprofession of pharmacy is defined as the preparing, compounding,\npreserving, or the dispensing of drugs, medicines and therapeutic\ndevices on the basis of prescriptions or other legal authority, and\ncollaborative drug therapy management in accordance with the provisions\nof section sixty-eight hundred one-a of this article.\n * NB Effective March 31, 2016 until September 14, 2015\n * § 6801. Definition of practice of pharmacy. The practice of the\nprofession of pharmacy is defined as the preparing, compounding,\npreserving, or the dispensing of drugs, medicines and therapeutic\ndevices on the basis of prescriptions or other legal authority.\n * NB Effective September 14, 2015\n
* § 6801. Definition of practice of pharmacy. 1. The practice of the\nprofession of pharmacy is defined as the administering, preparing,\ncompounding, preserving, or the dispensing of drugs, medicines and\ntherapeutic devices on the basis of prescriptions or other legal\nauthority, and collaborative drug therapy management in accordance with\nthe provisions of section sixty-eight hundred one-a of this article.\n 2. A licensed pharmacist may execute a non-patient specific regimen\nprescribed or ordered by a physician licensed in this state or nurse\npractitioner certified in this state, pursuant to rules and regulations\npromulgated by the commissioner. When a licensed pharmacist administers\nan immunizing agent, he or she shall:\n (a) report such administration by electronic transmission or fascimile\nto the patient's attending primary health care practitioner or\npractitioners, if any, and, to the extent practicable, make himself or\nherself available to discuss the outcome of such immunization, including\nany adverse reactions, with the attending primary health care\npractitioner, or to the statewide immunization registry or the citywide\nimmunization registry, as established pursuant to section twenty-one\nhundred sixty-eight of the public health law; and\n (b) provide information to the patient on the importance of having a\nprimary health care practitioner, developed by the commissioner of\nhealth; and\n (c) report such administration, absent of any individually\nidentifiable health information, to the department of health in a manner\nrequired by the commissioner of health.\n (d) prior to administering the immunization, inform the patient of the\ntotal cost of the immunization or immunizations, subtracting any health\ninsurance subsidization, if applicable. In the case the immunization is\nnot covered, the pharmacist must inform the patient of the possibility\nthat the immunization may be covered when administered by a primary care\nphysician or practitioner; and\n (e) administer the immunization or immunizations according to the most\ncurrent recommendations by the advisory committee for immunization\npractices (ACIP), provided however, that a pharmacist may administer any\nimmunization authorized under this section when specified by a patient\nspecific order.\n 3. No pharmacist shall administer immunizing agents without receiving\ntraining satisfactory to the commissioner and the commissioner of health\nwhich shall include, but not be limited to, techniques for screening\nindividuals and obtaining informed consent; techniques of\nadministration; indications, precautions and contraindications in the\nuse of agent or agents; record keeping of immunization and information;\nand handling emergencies, including anaphylaxis and needlesticks.\n 4. When administering an immunization in a pharmacy, the licensed\npharmacist shall provide an area for the immunization that provides for\na patient's privacy. The privacy area should include a clearly visible\nposting of the most current "Recommended Adult Immunization Schedule"\npublished by the advisory committee for immunization practices (ACIP).\n * NB Effective until July 1, 2019\n * § 6801. Definition of practice of pharmacy. The practice of the\nprofession of pharmacy is defined as the preparing, compounding,\npreserving, or the dispensing of drugs, medicines and therapeutic\ndevices on the basis of prescriptions or other legal authority, and\ncollaborative drug therapy management in accordance with the provisions\nof section sixty-eight hundred one-a of this article.\n * NB Effective and Repealed July 1, 2019\n * § 6801. Definition of practice of pharmacy. The practice of the\nprofession of pharmacy is defined as the preparing, compounding,\npreserving, or the dispensing of drugs, medicines and therapeutic\ndevices on the basis of prescriptions or other legal authority.\n * NB Effective September 14, 2018\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.