NYS Office of Professions

Medication Administration by Unlicensed Persons
Unlicensed persons are not permitted to administer medication to patients in New York State except in a few well-delineated areas. Title 8 Article 130 Subarticle 4, discusses the practice of the nursing profession. Admission to practice of a profession in this state is accomplished by a license being issued to a qualified applicant by the education department.

NYS Office of Professions Guideline:  Non-Patient Specific Standing Order and Protocol 
Provides an overview of the laws and regulations on the administration of non-patient specific orders for certain immunizations, anti-anaphylactic agents, and PPD Mantoux skin tests. It includes specific information on protocols for professional nurses, prescribers, and pharmacists on the types of immunizations or tests which may be administered, the method of administration, CPR requirements, record keeping and FAQs.     

Education Law

Article 19 Section 921-a 
Allows licensed registered nurses, nurse practitioners, physician assistants, and physicians to train unlicensed school personnel to inject glucagon or epinephrine auto-injectors in emergency situations to pupils who have written health care provider and parental permission.

Article 137- Pharmacy 
Applicable to school nursing regarding non-patient-specific orders

Section 6801- Definition of practice of pharmacy.
1. A licensed pharmacist may execute a non-patient specific regimen prescribed or ordered by a licensed physician or certified nurse practitioner, pursuant to rules and regulations promulgated by the commissioner. When a licensed pharmacist administers an immunizing agent, he or she shall:

a. report such administration to the patient's attending primary health care practitioner or practitioners, if any, pursuant to rules and regulations of the commissioner;
b. provide information to the patient on the importance of having a primary health care practitioner, developed by the commissioner of health; and
c. report such administration, absent of any individually identifiable health information, to the department of health in a manner required by the commissioner of health.

Commissioner's Regulations

NYS Commissioner's Part 136 Regulations 136.1-136.9 - Health Services 

See Also:

Page Updated 7/10/24