SENATE, No. 3086

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED MARCH 13, 2017

 


 

Sponsored by:

Senator  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

 

 

 

 

SYNOPSIS

     Expands authority of pharmacists, pharmacy interns, and pharmacy externs to administer certain vaccines.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning vaccines administered in pharmacies and amending P.L.2003, c.280.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 24 of P.L.2003, c.280 (C.45:14-63) is amended to read as follows:

     24.  a.  No pharmacist shall administer a prescription medication directly to a patient without appropriate education or certification, as determined by the board in accordance with the requirements set forth in the rules jointly promulgated by the board and the State Board of Medical Examiners.  Such medication shall only be for the treatment of a disease for which a nationally certified program is in effect, or as determined by the board, and only if utilized for the treatment of that disease for which the medication is prescribed or indicated or for which the collaborative drug therapy management permits.

     b. (1) Notwithstanding any law, rule, or regulation to the contrary, a pharmacist, pharmacy intern, or pharmacy extern may administer drugs to a patient 18 years of age or older, provided the pharmacist, pharmacy intern, or pharmacy extern is appropriately educated and qualified, as determined by the board in accordance with the requirements set forth in the rules jointly promulgated by the board and the State Board of Medical Examiners, and provided the drugs are administered under any one of the following conditions:

     (a)   pursuant to a prescription by an authorized prescriber for a vaccine and related emergency medications;

     (b)   in immunization programs implemented pursuant to an authorized prescriber's standing order for the vaccine and related emergency medications; or

     (c)   in immunization programs and programs sponsored by governmental agencies that are not patient specific.

     (2)   A pharmacist, pharmacy intern, or pharmacy extern may administer an influenza vaccine to a patient who is seven years of age or older.  For a patient who is under 18 years of age, a pharmacist, pharmacy intern, or pharmacy extern shall not administer a vaccine except with the permission of the patient's parent or legal guardian.  For a patient who is under [12] 10 years of age, a pharmacist, pharmacy intern or pharmacy extern shall not administer a vaccine unless pursuant to a prescription by an authorized prescriber.  Nothing in this subsection shall be construed to require a patient [12] 10 years of age or older to obtain a prescription for an influenza vaccine.

     (3)   A pharmacist, pharmacy intern, or pharmacy extern may, pursuant to an authorized prescriber’s standing order and consistent with the current recommendations of the Advisory Committee on Immunization Practices in the federal Centers for Disease Control and Prevention, independently initiate and administer any vaccine recommended by the Advisory Committee on Immunization Practices in the current “Recommended Immunization Schedule for Persons Aged 0 through 18 Years” to a patient who is three years of age or older.  For a patient who is under 18 years of age, a pharmacist shall not administer a vaccine except with the permission of the patient's parent or legal guardian.

(cf: P.L.2013, c.254, s.1)

 

     2.    The New Jersey State Board of Pharmacy and the State Board of Medical Examiners may, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as may be necessary to implement the provisions of this act.

 

     3.  This act shall take effect on the first day of the fourth month next following the date of enactment.

 

 

STATEMENT

 

     This bill expands the authority of pharmacists, pharmacy interns, and pharmacy externs to administer vaccines.

     Specifically, the bill allows pharmacists to independently initiate and administer to patients who are three years of age or older any vaccine that is recommended by the Advisory Committee on Immunization Practices (ACIP) in the federal Centers for Disease Control and Prevention in the current “Recommended Immunization Schedule for Persons Aged 0 through 18 Years.”  A vaccine initiated and administered by a pharmacist pursuant to the bill is to be initiated and administered pursuant to a standing order issued by an authorized prescriber and consistent with current ACIP recommendations.  In the case of patients who are younger than 18 years of age, pharmacists will not be permitted to initiate and administer a vaccine except with the permission of the minor patient’s parent or legal guardian.

     Additionally, the bill permits pharmacy interns and pharmacy externs to administer vaccines to patients who are 18 years of age or older, subject to the same requirements that currently apply to pharmacists who administer such vaccines.  Specifically, the pharmacy intern or pharmacy extern is to be appropriately educated and qualified, as determined by the Board of Pharmacy pursuant to joint rules promulgated by the Board of Pharmacy and the State Board of Medical Examiners.  Additionally, the vaccine is to be administered pursuant to one of the following: (1) a prescription issued by an authorized prescriber; (2) an immunization program implemented pursuant to a standing order; or (3) an immunization program, including programs sponsored by government agencies, which are not patient specific.

     Further, the bill permits pharmacy interns and pharmacy externs to administer an influenza vaccine to a patient who is seven years of age or older.  For a patient who is under 18 years of age, the pharmacy intern or pharmacy extern may not administer the vaccine except with the permission of the patient's parent or legal guardian.  For a patient who is under 10 years of age, a pharmacy intern or pharmacy extern may not administer an influenza vaccine unless the vaccine has been prescribed for the patient by an authorized prescriber.  Nothing in the bill is to be construed to require any patient who is 10 years of age or older to obtain a prescription for an influenza vaccine.