§ 6801. Definition of practice of pharmacy. 1. The practice of the\nprofession of pharmacy is defined as the administering, preparing,\ncompounding, preserving, or the dispensing of drugs, medicines and\ntherapeutic devices on the basis of prescriptions or other legal\nauthority, and collaborative drug therapy management in accordance with\nthe provisions of section sixty-eight hundred one-a of this article.\n 2. A licensed pharmacist may execute a non-patient specific regimen\nprescribed or ordered by a physician licensed in this state or nurse\npractitioner certified in this state, pursuant to rules and regulations\npromulgated by the commissioner. When a licensed pharmacist administers\nan immunizing agent, he or she shall:\n (a) report such administration by electronic transmission or facsimile\nto the patient's attending primary health care practitioner or\npractitioners, if any, and, to the extent practicable, make himself or\nherself available to discuss the outcome of such immunization, including\nany adverse reactions, with the attending primary health care\npractitioner, and to the statewide immunization registry or the citywide\nimmunization registry, as established pursuant to and to the extent\npermitted by section twenty-one hundred sixty-eight of the public health\nlaw; and\n (b) provide information to the patient or, where applicable, the\nperson legally responsible for the patient, on the importance of having\na primary health care practitioner, developed by the commissioner of\nhealth; and\n (c) report such administration, absent of any individually\nidentifiable health information, to the department of health in a manner\nrequired by the commissioner of health; and\n (d) prior to administering the immunization, inform the patient or,\nwhere applicable, the person legally responsible for the patient, of the\ntotal cost of the immunization or immunizations, subtracting any health\ninsurance subsidization, if applicable. In the case the immunization is\nnot covered, the pharmacist must inform the patient or, where\napplicable, the person legally responsible for the patient, of the\npossibility that the immunization may be covered when administered by a\nprimary care physician or practitioner; and\n (e) administer the immunization or immunizations according to a\npatient specific order or non-patient specific regimen.\n 3. No pharmacist shall administer immunizing agents or injectable\nmedications for the treatment of mental health and substance use\ndisorder without receiving training satisfactory to the commissioner and\nthe commissioner of health which shall include, but not be limited to,\ntechniques for screening individuals and obtaining informed consent;\ntechniques of administration; indications, precautions and\ncontraindications in the use of agent or agents; record keeping of\nimmunization and information; and handling emergencies, including\nanaphylaxis and needlesticks.\n 4. When administering an immunization in a pharmacy, the licensed\npharmacist shall provide an area for the immunization that provides for\na patient's privacy. The privacy area should include:\n (a) a clearly visible posting of the most current "Recommended Adult\nImmunization Schedule" published on the department of health's website;\nand\n (b) education materials on influenza vaccinations for children as\ndetermined by the commissioner and the commissioner of health.\n 5. A licensed pharmacist may execute a non-patient specific order, for\ndispensing up to a seven day starter pack of HIV post-exposure\nprophylaxis medications for the purpose of preventing human\nimmunodeficiency virus infection, by a physician licensed in this state\nor nurse practitioner certified in this state, pursuant to rules and\nregulations promulgated by the commissioner in consultation with the\ncommissioner of health following a potential human immunodeficiency\nvirus exposure.\n 6. A licensed pharmacist may execute a non-patient-specific
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