Bill Text: NY A00480 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the dispensing of contraceptive drugs and devices that are self-administered; authorizes a licensed physician, certified nurse practitioner, and a licensed midwife to prescribe and order a non-patient specific regimen to a professional nurse and a licensed pharmacist for the dispensing of contraceptive drugs and devices that are self-administered.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A00480 Detail]
Download: New_York-2019-A00480-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 480 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PAULIN, GOTTFRIED, THIELE, GALEF, COOK, RIVERA, SEAWRIGHT, JAFFEE, DINOWITZ, BICHOTTE, BARRETT -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to the dispensing of contraceptive drugs and devices that are self-administered The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 2 6505-d to read as follows: 3 § 6505-d. Non-patient specific regimen. A non-patient specific regimen 4 prescribed and ordered under this chapter shall be deemed to be a 5 prescription for all purposes of the insurance law. 6 § 2. Section 6527 of the education law is amended by adding a new 7 subdivision 9 to read as follows: 8 9. A licensed physician may prescribe and order a non-patient specific 9 regimen to a licensed pharmacist, for dispensing contraceptive drugs and 10 devices that are self-administered and approved by the federal food and 11 drug administration, in accordance with professional standards of prac- 12 tice and subdivision four of section sixty-eight hundred seven of this 13 title. 14 § 3. Subdivision 3 of section 6807 of the education law, as added by 15 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is 16 added to read as follows: 17 3. A pharmacist may dispense drugs and devices to a registered profes- 18 sional nurse, and a registered professional nurse may possess and admin- 19 ister, drugs and devices, pursuant to a non-patient specific regimen 20 prescribed or ordered by a licensed physician, licensed midwife, or 21 certified nurse practitioner, pursuant to regulations promulgated by the 22 commissioner and the public health law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03775-01-9A. 480 2 1 4. a. A licensed pharmacist may dispense a non-patient specific regi- 2 men of contraceptive drugs and devices that are self-administered and 3 approved by the federal food and drug administration, prescribed or 4 ordered by a licensed physician, certified nurse practitioner, or 5 licensed midwife, pursuant to rules and regulations promulgated by the 6 commissioner, in accordance with professional standards of practice and 7 the provisions of this subdivision. 8 b. The dispensing of contraceptive drugs and devices that are self-ad- 9 ministered by a licensed pharmacist under this subdivision shall be done 10 in accordance with written procedures and protocols developed by a phar- 11 macist and a licensed physician, certified nurse practitioner, licensed 12 midwife, or a hospital (licensed under article twenty-eight of the 13 public health law) that provides gynecological or family planning 14 services. When contraceptive drugs and devices that are self-adminis- 15 tered are dispensed under this subdivision, the pharmacist shall provide 16 to the patient a fact sheet that includes the clinical considerations 17 and recommendations for use of the drug, the appropriate method for 18 using the drug, information on the importance of follow-up health care, 19 and health care referral information. The commissioner shall develop 20 this fact sheet in consultation with the department of health and the 21 American college of obstetricians and gynecologists. Prior to dispensing 22 contraceptive drugs and devices that are self-administered as authorized 23 under this section, a pharmacist shall successfully complete contracep- 24 tive drug therapy education and training in accordance with subdivision 25 seven of section sixty-eight hundred twenty-seven of this article. 26 § 4. Section 6827 of the education law is amended by adding a new 27 subdivision 7 to read as follows: 28 7. Acceptable formal continuing education under this section shall 29 include education and training in contraceptive drugs and devices that 30 are self-administered, in accordance with regulations of the commission- 31 er. The commissioner may provide that a pharmacist who has had suffi- 32 ciently recent education and training in contraceptive drugs may be 33 exempted from the requirement of this subdivision. 34 § 5. Subdivision 4 of section 6909 of the education law is amended by 35 adding a new paragraph (h) to read as follows: 36 (h) contraceptive drugs and devices that are self-administered and 37 approved by the federal food and drug administration, in accordance with 38 professional standards of practice. 39 § 6. Subdivision 5 of section 6909 of the education law, as added by 40 chapter 573 of the laws of 1999, is amended to read as follows: 41 5. A registered professional nurse may execute a non-patient specific 42 regimen prescribed or ordered by a licensed physician, licensed midwife, 43 or certified nurse practitioner, pursuant to regulations promulgated by 44 the commissioner. 45 § 7. Section 6909 of the education law is amended by adding a new 46 subdivision 10 to read as follows: 47 10. A certified nurse practitioner may prescribe and order a non-pa- 48 tient specific regimen to a licensed pharmacist, for dispensing contra- 49 ceptive drugs and devices that are self-administered and approved by the 50 federal food and drug administration, in accordance with professional 51 standards of practice and subdivision four of section sixty-eight 52 hundred seven of this title. 53 § 8. Section 6951 of the education law is amended by adding a new 54 subdivision 4 to read as follows: 55 4. A licensed midwife may prescribe and order a non-patient specific 56 regimen pursuant to regulations promulgated by the commissioner,A. 480 3 1 consistent with this section, and consistent with the public health law, 2 to: 3 (a) a registered professional nurse for contraceptive drugs and 4 devices that are self-administered and approved by the federal food and 5 drug administration, in accordance with professional standards of prac- 6 tice; or 7 (b) a licensed pharmacist, for dispensing contraceptive drugs and 8 devices that are self-administered and approved by the federal food and 9 drug administration, in accordance with professional standards of prac- 10 tice and subdivision four of section sixty-eight hundred seven of this 11 title. 12 § 9. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law; provided that the commissioner of education 14 is authorized to promulgate any and all rules and regulations and take 15 any other measures necessary to implement this act on its effective date 16 on or before such date.