PRINTER'S NO. 4493
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2915
Session of
2020
INTRODUCED BY SAPPEY, SHUSTERMAN, MADDEN, DRISCOLL, WILLIAMS,
HILL-EVANS, HOWARD, HOHENSTEIN, MURT, HANBIDGE, GALLOWAY,
DAVIDSON, FIEDLER, DALEY, DONATUCCI, SCHLOSSBERG, DELLOSO,
SAMUELSON, DeLUCA, WEBSTER, GREEN AND CIRESI, OCTOBER 8, 2020
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 8, 2020
AN ACT
Amending the act of September 27, 1961 (P.L.1700, No.699),
entitled "An act relating to the regulation of the practice
of pharmacy, including the sales, use and distribution of
drugs and devices at retail; and amending, revising,
consolidating and repealing certain laws relating thereto,"
further providing for authority to administer injectable
medications, biologicals and immunizations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9.2 of the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act, is amended to
read:
Section 9.2. Authority to Administer Injectable Medications,
Biologicals and Immunizations.--(a) The board shall by
regulation establish education and training standards and
practice guidelines pursuant to which pharmacists shall be
authorized to administer injectable medications, biologicals and
immunizations to persons who are more than eighteen years of age
and influenza immunizations and COVID-19 immunizations by
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injectable or needle-free delivery methods to persons nine years
of age and older. Such standards and guidelines shall include,
but not be limited to, the following:
(1) Satisfactory completion of an academic and practical
curriculum approved by the board that includes the current
guidelines and recommendations of the Centers for Disease
Control and Prevention in the Public Health Service of the
United States Department of Health and Human Services, the
American Council on Pharmaceutical Education or a similar health
authority or professional body and includes, but is not limited
to, disease epidemiology, vaccine characteristics, injection
technique, emergency response to adverse events and related
topics.
(2) Maintenance of a current cardiopulmonary resuscitation
(CPR) certificate acceptable to the board.
(3) That the administration of injectable medications,
biologicals and immunizations be in accordance with a definitive
set of treatment guidelines established by a physician and the
Centers for Disease Control and Prevention, Advisory Committee
on Immunization Practices guidelines or another competent
authority approved by the board.
(4) That a minimum of two hours of the thirty-hour
requirement for continuing education for license renewal be
dedicated to this area of practice.
(5) For individuals under eighteen years of age, that
parental consent be obtained prior to administration.
Administration of influenza immunizations and COVID-19
immunizations by injectable or needle-free delivery methods
shall be in accordance with the immunization schedule
established by the Centers for Disease Control and Prevention.
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(6) Maintenance of a level of professional liability
insurance coverage in the minimum amount of one million dollars
($1,000,000) per occurrence or claims made. Failure to maintain
insurance coverage as required shall subject the licensees to
disciplinary proceedings. The board shall accept as satisfactory
evidence of insurance coverage any of the following:
(i) personally purchased liability insurance;
(ii) professional liability insurance coverage provided by
the individual licensee's employer; or
(iii) similar insurance coverage acceptable to the board.
(7) Notification of the individual's primary care provider,
if known, within forty-eight hours of administration.
(8) A COVID-19 immunization administered by a pharmacist
must be documented by the pharmacist in the patient's medical
record or reported by the pharmacist to a medical practitioner
responsible for the patient's care.
(9) COVID-19 immunizations made available to customers by
pharmacists in accordance with the provisions of this section
shall, to the extent practicable, be administered in accordance
with the ethical allocation framework for COVID-19 vaccines
established by the Department of Health or, in the absence of
the framework, in accordance with guidance issued by the Centers
for Disease Control and Prevention concerned with an ethical
framework for emerging treatment of COVID-19.
(b) A pharmacist's authority to administer injectable
medications, biologicals and immunizations shall not be
delegated to any other person. A pharmacy intern who has
completed a course of education and training which meets the
requirements of subsection (a)(1) and (2) may administer
injectable medications, biologicals and immunizations to persons
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who are more than eighteen years of age and influenza
immunizations and COVID-19 immunizations by injectable or
needle-free delivery methods to persons nine years of age and
older only under the direct, immediate and personal supervision
of a pharmacist holding the authority to administer injectable
medications, biologicals and immunizations.
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Coronavirus" means Severe Acute Respiratory Coronavirus 2
(SARS-CoV-2), commonly referred to as COVID-19, or the
coronavirus that is a newly identified respiratory illness
initially identified in humans in December 2019.
"COVID-19" means the novel coronavirus as identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency.
Section 2. This act shall take effect immediately.
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