§ 6801 — Definition of practice of pharmacy

§ 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 facsimile\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, and to the statewide immunization registry or the citywide\nimmunization registry, as established pursuant to and to the extent\npermitted by section twenty-one hundred sixty-eight of the public health\nlaw; and\n (b) provide information to the patient or, where applicable, the\nperson legally responsible for the patient, on the importance of having\na primary 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; and\n (d) prior to administering the immunization, inform the patient or,\nwhere applicable, the person legally responsible for 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 or, where\napplicable, the person legally responsible for the patient, of the\npossibility that the immunization may be covered when administered by a\nprimary care physician 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 or injectable\nmedications for the treatment of mental health and substance use\ndisorder without receiving training satisfactory to the commissioner and\nthe commissioner of health which shall include, but not be limited to,\ntechniques for screening individuals and obtaining informed consent;\ntechniques of administration; indications, precautions and\ncontraindications in the use of agent or agents; record keeping of\nimmunization and information; and handling emergencies, including\nanaphylaxis 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:\n a. a clearly visible posting of the most current "Recommended Adult\nImmunization Schedule" published by the advisory committee for\nimmunization practices (ACIP); and\n (b) education materials on influenza vaccinations for children as\ndetermined by the commissioner and the commissioner of health.\n 5. A licensed pharmacist may execute a non-patient specific order, for\ndispensing up to a seven day starter pack of HIV post-exposure\nprophylaxis medications for the purpose of preventing human\nimmunodeficiency virus infection, by a physician licensed in this state\nor nurse practitioner certified in this state, pursuant to rules and\nregulations promulgated by the commissioner in consultation with the\ncommissioner of health following a potential human immunodeficiency\nvirus exposure.\n 6. A licensed pharmacist may execute a non-patient-specific regimen of\ninsulin and related supplies to an individual who has a valid\nprescription for insulin and related supplies which has since expired\nwithin the last twelve months. The valid prescription must have been\nprescribed or ordered by a physician licensed in this state or nurse\npractitioner certified in this state. Execution of a\nnon-patient-specific regimen shall be on an emergency basis provided the\npharmacist:\n (a) first attempts to obtain an authorization from the prescriber of\nthe patient-specific prescription and cannot obtain the authorization,\nand the prescriber does not object to dispensing to the patient under\nthe non-patient-specific regimen;\n (b) provides a refill of the patient-specific prescription and the\nquantity of that refill is in conformity with the directions for use\nunder the patient-specific prescription, but limited to an amount not to\nexceed a thirty-day emergency supply; and\n (c) notifies, within seventy-two hours of dispensing the refill or\nrefills, the prescriber of the patient-specific prescription whose\nauthorization could not be obtained, that an emergency prescription of\ninsulin has been dispensed.\n * 7. A licensed pharmacist is a qualified health care professional\nunder section five hundred seventy-one of the public health law for the\npurposes of directing a limited service laboratory and ordering and\nadministering COVID-19 and influenza tests authorized by the Food and\nDrug Administration (FDA), subject to certificate of waiver requirements\nestablished pursuant to the federal clinical laboratory improvement act\nof nineteen hundred eighty-eight.\n * NB Repealed July 1, 2026\n 8. A licensed pharmacist within their lawful scope of practice may\nadminister injectable medications and medications required for emergency\ntreatment of anaphylaxis related to such administration, pursuant to\nsection six thousand eight hundred two of this article, for the\ntreatment of mental health and substance use disorder, as prescribed or\nordered by a licensed prescriber, acting within their scope of practice\nin this state and in accordance with regulations, including but not\nlimited to regulations promulgated by the commissioner in consultation\nwith any other state agencies, as necessary.\n 9. a. A licensed pharmacist may execute a non-patient specific order\nfor the dispensing of self-administered hormonal contraceptives\nprescribed or ordered by the commissioner of health, a physician\nlicensed in this state or a nurse practitioner certified in this state\npursuant to rules and regulations promulgated by the commissioner.\n b. Prior to dispensing self-administered hormonal contraceptives to a\npatient, and at a minimum of every twelve months for each returning\npatient, the pharmacist shall:\n (i) provide the patient with a self-screening risk assessment\nquestionnaire, developed by the commissioner of health in consultation\nwith the commissioner, to be reviewed by the pharmacist to identify any\nknown risk factors and assist the patient's selection of an appropriate\nself-administered hormonal contraceptive; and\n (ii) provide the patient with a fact sheet, developed by the\ncommissioner of health, that includes but is not limited to, the\nclinical considerations and recommendations for use of the\nself-administered hormonal contraceptive, the appropriate method for\nusing such hormonal contraceptive, information on the importance of\nfollow-up health care, health care referral information, and the ability\nof the patient to opt out of practitioner reporting requirements.\n c. No pharmacist shall dispense self-administered hormonal\ncontraceptives under this subdivision without receiving training\nsatisfactory to the commissioner.\n d. A pharmacist shall notify the patient's primary health care\npractitioner, unless the patient opts out of such notification, within\nseventy-two hours of dispensing a self-administered hormonal\ncontraceptive, that such self-administered hormonal contraceptive has\nbeen dispensed. If the patient does not have a primary health care\npractitioner, or is unable to provide contact information for their\nprimary health care practitioner, the pharmacist shall provide the\npatient with a written record of the contraceptives dispensed, and\nadvise the patient to consult an appropriate health care practitioner.\n e. Nothing in this subdivision shall prevent a pharmacist from\nrefusing to dispense a non-patient specific order of self-administered\nhormonal contraceptive pursuant to this subdivision if, in their\nprofessional judgment, potential adverse effects, interactions or other\ntherapeutic complications could endanger the health of the patient.\n