BILL NUMBER: S5433
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public health law, in relation to allowing for the
testing of certain infectious diseases at pharmacies
 
PURPOSE:
To permit licensed pharmacists to order and administer infectious
diseases tests approved by the FDA.
 
SUMMARY OF PROVISIONS:
Section 1: Amends Section 579 of the Public Health Law by adding subdi-
vision 4 to permit licensed pharmacists to order and administer tests to
patients suspected of an infectious disease or its antibodies, provided
such test is approved by the Food and Drug Administration (FDA).
Requires certification of waiver requirements pursuant to the Federal
Clinical Laboratory Improvement Act of 1988 and requires such pharma-
cists to complete appropriate training developed by the FDA. Designates
licensed pharmacists as qualified healthcare professionals to direct a
limited service laboratory to test patients, provided such test is
approved by the FDA and waived for its use in a limited service labora-
tory.
Section 2: Sets Effective Date.
 
JUSTIFICATION:
The initial spread of COVID-19 in New York State highlighted the immense
strain placed on hospitals and healthcare providers, a challenge that
persists even in the absence of a declared state of emergency. Granting
licensed pharmacists the authority to order and administer diagnostic
tests would alleviate this burden by allowing physicians, nurses, and
other healthcare professionals to focus on direct patient care. This
measure would enhance the efficiency of healthcare delivery and improve
patient outcomes.
 
LEGISLATIVE HISTORY:
Senate
2019: N/A
2020: S8570, Referred to Rules
2021: S1742, Advanced to Third Reading
2022: S1742, Referred to Health
2023: S5263, Referred to Health
2024: S5263, Referred to Health
Assembly
2019: N/A
2020: A10699, Referred to Higher Education
2021: A1534, Referred to Higher Education
2022: A1534, Referred to Higher Education
2023: A9979, Referred to Higher Education
2024: A9979, Referred to Higher Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5433: 579 public health law