PRINTER'S NO. 2612
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2037
Session of
2024
INTRODUCED BY BULLOCK, GROVE, KHAN, O'MARA, DELOZIER, FRITZ,
KINSEY, HARKINS, KENYATTA, JAMES, SCHLOSSBERG, SANCHEZ,
BOROWSKI, PARKER, GUENST, D. WILLIAMS, CIRESI, JOZWIAK,
FLEMING AND DALEY, FEBRUARY 20, 2024
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 20, 2024
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 and for laboratory
waiver.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9.2(a) introductory paragraph and (5),
(c), (d) and (e) of the act of September 27, 1961 (P.L.1700,
No.699), known as the Pharmacy Act, amended or added July 11,
2022 (P.L.1224, No.80), are 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
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age and influenza and COVID-19 immunizations by injectable or
needle-free delivery methods to persons five] three years of age
and older. Such standards and guidelines shall include, but not
be limited to, the following:
* * *
(5) For individuals under eighteen years of age, that
parental consent be obtained prior to administration.
[Administration of influenza 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.]
* * *
(c) A supervising pharmacist shall report the administration
of immunizations under this section to the immunization registry
maintained by the Department of Health within seventy-two hours
of immunization administration and to the individual's primary
care provider in accordance with subsection (a)(7). Nothing in
this subsection shall be construed to prohibit a supervising
pharmacist from delegating the reporting of immunization
administration to a pharmacy intern or pharmacy technician.
(d) A pharmacist [or], pharmacy intern or pharmacy
technician who administers an [influenza or COVID-19]
immunization to an individual under eighteen years of age shall
inform the parent or adult caregiver of the importance of a
well-child visit with a pediatrician or other licensed primary
care provider and refer the patient as appropriate.
(e) A pharmacist who holds the authority to administer
injectable medications, biologicals and immunizations may
delegate the authority to administer:
(1) influenza and COVID-19 immunizations to a certified
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registered nurse practitioner, physician assistant, registered
nurse or licensed practical nurse[.]; or
(2) COVID-19 immunizations that are authorized or that are
licensed by the United States Food and Drug Administration to
persons three years of age and older or childhood vaccinations
that are recommended by the Advisory Committee on Immunization
Practices to persons three years of age and older to a pharmacy
technician, if:
(i) The pharmacy technician:
(A) holds a national certification from the Pharmacy
Technician Certification Board or the National Healthcareer
Association; or
(B) is registered with the board.
(ii) The following conditions are met:
(A) The supervising qualified pharmacist is readily and
immediately available to the qualified pharmacy technician who
is administering the immunizations or vaccinations.
(B) The qualified pharmacy technician has completed a
practical training program that is approved by the Accreditation
Council for Pharmacy Education and that includes hands-on
injection technique and the recognition and treatment of
emergency reactions to vaccines.
(C) The qualified pharmacy technician has a current
certificate in basic cardiopulmonary resuscitation.
Section 2. Section 9.5 of the act is amended to read:
Section 9.5. Laboratory Waiver.--If a pharmacy holds a valid
certificate of waiver issued by the Centers for Medicare and
Medicaid Services, a pharmacy or pharmacist may order and
perform laboratory examinations and procedures for COVID-19,
influenza, respiratory syncytial virus and streptococcal
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infections authorized or approved by the United States Food and
Drug Administration under the Clinical Laboratory Improvement
Amendments of 1988 (Public Law 100-578, 102 Stat. 2903) and
shall be exempt from the requirements under section 3 of the act
of September 26, 1951 (P.L.1539, No.389), known as "The Clinical
Laboratory Act."
Section 3. This act shall take effect in 60 days.
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