NY Educ L § 6801 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 137 - Pharmacy 6801 - Definition of Practice of Pharmacy.

§ 6801.  Definition  of  practice of pharmacy.  1. The practice of the profession of pharmacy  is  defined  as  the  administering,  preparing, compounding,  preserving,  or  the  dispensing  of  drugs, medicines and therapeutic devices  on  the  basis  of  prescriptions  or  other  legal authority,  and collaborative drug therapy management in accordance with the provisions of section sixty-eight hundred one-a of this article.   2. A licensed pharmacist may execute a  non-patient  specific  regimen prescribed  or  ordered  by  a physician licensed in this state or nurse practitioner certified in this state, pursuant to rules and  regulations promulgated  by the commissioner. When a licensed pharmacist administers an immunizing agent, he or she shall:  (a) report such administration by electronic transmission or facsimile to  the  patient's  attending  primary  health  care   practitioner   or practitioners,  if  any, and, to the extent practicable, make himself or herself available to discuss the outcome of such immunization, including any  adverse  reactions,  with  the  attending   primary   health   care practitioner, and to the statewide immunization registry or the citywide immunization  registry,  as  established  pursuant  to and to the extent permitted by section twenty-one hundred sixty-eight of the public health law; and  (b) provide information to  the  patient  or,  where  applicable,  the person  legally responsible for the patient, on the importance of having a primary health care practitioner, developed  by  the  commissioner  of health; and  (c)   report   such   administration,   absent   of  any  individually identifiable health information, to the department of health in a manner required by the commissioner of health; and  (d) prior to administering the immunization, inform  the  patient  or, where applicable, the person legally responsible for the patient, of the total  cost of the immunization or immunizations, subtracting any health insurance subsidization, if applicable. In the case the immunization  is not   covered,   the  pharmacist  must  inform  the  patient  or,  where applicable, the person legally  responsible  for  the  patient,  of  the possibility  that the immunization may be covered when administered by a primary care physician or practitioner; and  (e) administer the immunization or immunizations according to the most current recommendations  by  the  advisory  committee  for  immunization practices (ACIP), provided however, that a pharmacist may administer any immunization  authorized  under this section when specified by a patient specific order.   3. No pharmacist shall administer immunizing agents without  receiving training satisfactory to the commissioner and the commissioner of health which  shall  include,  but  not be limited to, techniques for screening individuals   and   obtaining   informed    consent;    techniques    of administration;  indications,  precautions  and contraindications in the use of agent or agents; record keeping of immunization and  information; and handling emergencies, including anaphylaxis and needlesticks.   4.  When  administering  an  immunization  in a pharmacy, the licensed pharmacist shall provide an area for the immunization that provides  for a patient's privacy. The privacy area should include:   a.  a  clearly  visible posting of the most current "Recommended Adult Immunization  Schedule"  published  by  the   advisory   committee   for immunization practices (ACIP); and  (b)  education  materials  on  influenza  vaccinations for children as determined by the commissioner and the commissioner of health.   5. A licensed pharmacist may execute a non-patient specific order, for dispensing  up  to  a  seven  day  starter  pack  of  HIV  post-exposure prophylaxis   medications   for   the   purpose   of   preventing  human  immunodeficiency virus infection, by a physician licensed in this  state or  nurse  practitioner  certified  in this state, pursuant to rules and regulations promulgated by the commissioner  in  consultation  with  the commissioner  of  health  following  a  potential human immunodeficiency virus exposure.   6. A licensed pharmacist may execute a non-patient-specific regimen of insulin  and  related  supplies  to  an  individual  who  has  a   valid prescription  for  insulin  and related supplies which has since expired within the last twelve months. The valid  prescription  must  have  been prescribed  or  ordered  by  a physician licensed in this state or nurse practitioner   certified    in    this    state.    Execution    of    a non-patient-specific regimen shall be on an emergency basis provided the pharmacist:  (a)  first  attempts to obtain an authorization from the prescriber of the patient-specific prescription and cannot obtain  the  authorization, and  the  prescriber  does not object to dispensing to the patient under the non-patient-specific regimen;  (b) provides a refill of the  patient-specific  prescription  and  the quantity  of  that  refill  is in conformity with the directions for use under the patient-specific prescription, but limited to an amount not to exceed a thirty-day emergency supply; and  (c) notifies, within seventy-two hours of  dispensing  the  refill  or refills,  the  prescriber  of  the  patient-specific  prescription whose authorization could not be obtained, that an emergency  prescription  of insulin has been dispensed.