2023 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  or  injectable
medications  for  the  treatment  of  mental  health  and  substance use
disorder 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.
* 7.  A  licensed  pharmacist  is a qualified health care professional
under section five hundred seventy-one of the public health law for  the
purposes  of  directing  a  limited  service laboratory and ordering and
administering COVID-19 and influenza tests authorized by  the  Food  and
Drug Administration (FDA), subject to certificate of waiver requirements
established  pursuant to the federal clinical laboratory improvement act
of nineteen hundred eighty-eight.
* NB Repealed July 1, 2026
8. A licensed pharmacist within their lawful  scope  of  practice  may
administer injectable medications and medications required for emergency
treatment  of  anaphylaxis  related  to such administration, pursuant to
section six  thousand  eight  hundred  two  of  this  article,  for  the
treatment  of mental health and substance use disorder, as prescribed or
ordered by a licensed prescriber, acting within their scope of  practice
in  this  state  and  in  accordance with regulations, including but not
limited to regulations promulgated by the commissioner  in  consultation
with any other state agencies, as necessary.
9.  a.  A licensed pharmacist may execute a non-patient specific order
for  the  dispensing  of   self-administered   hormonal   contraceptives
prescribed  or  ordered  by  the  commissioner  of  health,  a physician
licensed in this state or a nurse practitioner certified in  this  state
pursuant to rules and regulations promulgated by the commissioner.
b.  Prior to dispensing self-administered hormonal contraceptives to a
patient, and at a minimum of every  twelve  months  for  each  returning
patient, the pharmacist shall:
(i)   provide  the  patient  with  a  self-screening  risk  assessment
questionnaire, developed by the commissioner of health  in  consultation
with  the commissioner, to be reviewed by the pharmacist to identify any
known risk factors and assist the patient's selection of an  appropriate
self-administered hormonal contraceptive; and
(ii)  provide  the  patient  with  a  fact  sheet,  developed  by  the
commissioner of health,  that  includes  but  is  not  limited  to,  the
clinical   considerations   and   recommendations   for   use   of   the
self-administered hormonal contraceptive,  the  appropriate  method  for
using  such  hormonal  contraceptive,  information  on the importance of
follow-up health care, health care referral information, and the ability
of the patient to opt out of practitioner reporting requirements.
c.   No   pharmacist   shall   dispense   self-administered   hormonal
contraceptives   under   this  subdivision  without  receiving  training
satisfactory to the commissioner.
d. A  pharmacist  shall  notify  the  patient's  primary  health  care
practitioner,  unless  the patient opts out of such notification, within
seventy-two   hours   of   dispensing   a   self-administered   hormonal
contraceptive,  that  such  self-administered hormonal contraceptive has
been dispensed. If the patient does  not  have  a  primary  health  care
practitioner,  or  is  unable  to  provide contact information for their
primary health care  practitioner,  the  pharmacist  shall  provide  the
patient  with  a  written  record  of  the contraceptives dispensed, and
advise the patient to consult an appropriate health care practitioner.
e. Nothing  in  this  subdivision  shall  prevent  a  pharmacist  from
refusing  to  dispense a non-patient specific order of self-administered
hormonal  contraceptive  pursuant  to  this  subdivision  if,  in  their
professional  judgment, potential adverse effects, interactions or other
therapeutic complications could endanger the health of the patient.