Section 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.
    2.  A  licensed  pharmacist may execute a non-patient specific regimen
  prescribed or  ordered  by  a  licensed  physician  or  certified  nurse
  practitioner,  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  to  the patient's attending primary
  health care practitioner or practitioners, if any, pursuant to rules and
  regulations of the commissioner;
    (b) provide information to 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.
    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. The commissioner of health, in consultation with the  commissioner,
  shall  prepare  and submit a report to the governor and the legislature,
  on or before December thirty-first, two thousand eleven,  reporting  the
  results  and  evaluating  the  effectiveness  and  impact,  if  any,  of
  implementation of subdivision two of this section  upon  the  supply  of
  such  immunizing agents for the prevention of influenza and pneumococcal
  disease, upon the geographical distribution of such agents, and upon the
  distribution of such  agents  among  health  care  providers,  including
  physicians, and pharmacies in New York state.
    * NB Effective until March 31, 2012