2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 80 - PHARMACY ACT - AUTHORITY TO ADMINISTER INJECTABLE MEDICATIONS, BIOLOGICALS AND IMMUNIZATIONS AND ABROGATING INCONSISTENT REGULATIONS

Session of 2022

No. 2022-80

HB 2679

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 abrogating inconsistent regulations.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  Section 9.2(a) introductory paragraph and (5) and (b) of the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act, are amended and the section is amended by adding subsections 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 and COVID-19 immunizations by injectable or needle-free delivery methods to persons [nine] five years of age and older. Such standards and guidelines shall include, but not be limited to, the following:

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(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.

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(b)  [A] Except as provided under subsection (e), 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 who are more than eighteen years of age and influenza and COVID-19 immunizations by injectable or needle-free delivery methods to persons [nine] five 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 or a physician, physician assistant or certified registered nurse practitioner.

(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.

(d)  A pharmacist or pharmacy intern 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 influenza and COVID-19 immunizations to a certified registered nurse practitioner, physician assistant, registered nurse or licensed practical nurse.

Section 2.  The provisions of 49 Pa. Code §§ 27.12(c)(1) and 27.403(b) are abrogated insofar as they are inconsistent with the amendment or addition of section 9.2(a) introductory paragraph and (5), (b), (c) and (d) of the act.

Section 3.  This act shall take effect immediately.

APPROVED--The 11th day of July, A.D. 2022.

TOM WOLF