Permits licensed pharmacists to prescribe and order certain immunizations, medicines, drugs or therapeutic devices to the extent permitted by rules and regulations promulgated by the commissioner of education and the commissioner of health.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9117
SPONSOR: Paulin TITLE OF BILL:
An act to amend the education law, in relation to permitting licensed
pharmacists to prescribe and order certain immunizations, medicines,
drugs or therapeutic devices
PURPOSE OR GENERAL IDEA OF BILL:
This bill will allow a licensed pharmacist acting under their lawful
scope of practice to prescribe certain immunizations, medications, drugs
and therapeutic devices as permitted under State Education Department
and Department of Health rules and regulations.
SUMMARY OF PROVISIONS:
Section one adds a new subdivision 10 to section 6801 of the education
law to . authorized licensed pharmacists to prescribe and order certain
immunizations, medications, drugs and therapeutic devices to the extent
permitted under SED and DOH rules and regulations.
Section two provides the effective date an authorizes SED and DOH to
promulgate rules and regulations necessary for the implementation of
this legislation.
JUSTIFICATION:
All 50 states have allowed pharmacists to prescribe to some extent, In
New York, pharmacists are currently authorized to dispense naloxone, a
drug that reverses opioid overdoses, without a patient-specific
prescription. Additionally, a 2024 law signed by Governor Hochul author-
ized the State Commissioner of Health to sign a standing order allowing
pharmacists to dispense hormonal contraceptives without an order from a
physician. Most recently, Executive Order No. 52 of 2025 authorized
pharmacists to prescribe and order a patient-specific order for immuni-
zations to prevent COVID-19 to patients three years of age or older in
accordance with guidelines issued by the Commissioner of Health. This
Executive Order was signed in response to recent actions by the federal
government which appear to be contrary to public health and well-establ-
ished scientific and medicinal practices.
In addition to these concerns, several states, including New York are
facing a healthcare shortage which can delay or prevent access to neces-
sary medications. In response to this reality, several states have
enacted legislation allowing pharmacists to prescribe certain medica-
tions including but not limited to treatment for asthma, diabetes,
HIV/AIDS, COPD, obesity, smoking cessation, or medications to treat cold
or flu symptoms. Other states have taken a different approach to give
pharmacists more general prescriptive authority. For example, California
established a new license for an Advanced Practice Pharmacist (APh). An
APh can deliver several different healthcare services including authori-
ty to prescribe so long as certain conditions are met, and they work in
collaboration with a licensed physician. Similarly, Florida allows phar-
macists to prescribe for certain minor, chronic health conditions under
a collaborative practice agreement. New Mexico does not require collab-
oration with a physician and instead allows pharmacists who obtain a
Pharmacist Clinician Certification to provide some primary and specialty
care and prescribe medications. In 2024, amended their State Pharmacy
Practice Act to allow pharmacists to test, screen, and prescribe for
COVID-19, strep throat, RSV, adult-stage head lice, and "health condi-
tions identified by a statewide public health emergency." There are
several legislative models under which pharmacists can prescribe, but
all share the common goal of expanding access to necessary medications
and immunizations.
This bill would allow pharmacists acting under their current scope of
practice to prescribe and order certain immunizations, medications,
drugs or therapeutic devices. The prescriptive authority of a New York
pharmacist will be limited to the rules and regulations promulgated by
the State Education Department and the Department of Health to ensure
the health and safety of all New Yorkers.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect three months after it shall have become a
law.
STATE OF NEW YORK
________________________________________________________________________
9117
2025-2026 Regular Sessions
IN ASSEMBLY
September 26, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to permitting licensed
pharmacists to prescribe and order certain immunizations, medicines,
drugs or therapeutic devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6801 of the education law is amended by adding a
2 new subdivision 10 to read as follows:
3 10. A licensed pharmacist within their lawful scope of practice may
4 prescribe and order immunizations, medicines, drugs or therapeutic
5 devices to the extent permitted by rules and regulations promulgated by
6 the commissioner and the commissioner of health.
7 § 2. This act shall take effect three months after it shall have
8 become a law. Effective immediately, the state education department and
9 the department of health are authorized to promulgate, amend and/or
10 repeal any rule or regulation necessary for the implementation of
11 section one of this act on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13748-01-5
