Bill Text: NY A00585 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "comprehensive contraception coverage act" to provide insurance coverage for FDA-approved contraceptive drugs, devices and products.

Spectrum: Partisan Bill (Democrat 57-0)

Status: (Passed) 2019-04-12 - SIGNED CHAP.25 [A00585 Detail]

Download: New_York-2019-A00585-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 659                                                    A. 585
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sens. SALAZAR, METZGER, ADDABBO, BAILEY,
          BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANAR-
          IS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH,
          KENNEDY, KRUEGER, LIU, MARTINEZ, MAY, MAYER, MONTGOMERY, MYRIE,  PARK-
          ER,  PERSAUD,  RAMOS,  RIVERA,  SANDERS,  SAVINO,  SEPULVEDA, SERRANO,
          SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice  and  ordered
          printed,  and  when printed to be committed to the Committee on Insur-
          ance
        IN ASSEMBLY -- Introduced  by  M.  of  A.  CAHILL,  SEAWRIGHT,  HEASTIE,
          L. ROSENTHAL,   GLICK,  JAFFEE,  SIMOTAS,  GOTTFRIED,  BARRON,  BLAKE,
          BARRETT, MAGNARELLI, BRONSON, LAVINE,  CARROLL,  GALEF,  OTIS,  SIMON,
          HYNDMAN,  RAMOS,  D'URSO,  PEOPLES-STOKES,  PICHARDO,  ORTIZ, WOERNER,
          BURKE, CRUZ, FALL, FRONTUS, GRIFFIN, JACOBSON, McMAHON, RAYNOR, ROMEO,
          REYES, SAYEGH -- Multi-Sponsored by -- M. of A.  BRAUNSTEIN, BUCHWALD,
          COOK, EPSTEIN, LIFTON, LUPARDO, MOSLEY, ROZIC, THIELE, TITUS  --  read
          once and referred to the Committee on Insurance
        AN  ACT  to amend the insurance law, the social services law, the educa-
          tion law and the public health law, in relation  to  requiring  health
          insurance  policies to include coverage of all FDA-approved contracep-
          tive drugs, devices, and products, as well as voluntary  sterilization
          procedures, contraceptive education and counseling, and related follow
          up  services  and  prohibiting a health insurance policy from imposing
          any cost-sharing requirements or other  restrictions  or  delays  with
          respect to this coverage
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "comprehen-
     2  sive contraception coverage act".
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06618-01-9

        S. 659                              2                             A. 585
     1    § 2. Paragraph 16 of subsection (l) of section 3221 of  the  insurance
     2  law,  as added by chapter 554 of the laws of 2002, is amended to read as
     3  follows:
     4    (16)  (A)  Every  group or blanket policy [which provides coverage for
     5  prescription drugs shall include coverage for the cost of  contraceptive
     6  drugs or devices approved by the federal food and drug administration or
     7  generic equivalents approved as substitutes by such food and drug admin-
     8  istration  under  the  prescription  of  a  health care provider legally
     9  authorized to prescribe under title eight  of  the  education  law.  The
    10  coverage  required  by  this  section  shall be included in policies and
    11  certificates only through the addition of a rider.
    12    (A)] that is issued, amended, renewed, effective or  delivered  on  or
    13  after January first, two thousand twenty, shall provide coverage for all
    14  of the following services and contraceptive methods:
    15    (1) All FDA-approved contraceptive drugs, devices, and other products.
    16  This  includes  all  FDA-approved  over-the-counter contraceptive drugs,
    17  devices, and products as prescribed or  as  otherwise  authorized  under
    18  state or federal law. The following applies to this coverage:
    19    (a)  where the FDA has approved one or more therapeutic and pharmaceu-
    20  tical equivalent, as defined by the FDA,  versions  of  a  contraceptive
    21  drug,  device,  or product, a group or blanket policy is not required to
    22  include all such therapeutic and pharmaceutical equivalent  versions  in
    23  its  formulary,  so long as at least one is included and covered without
    24  cost-sharing and in accordance with this paragraph;
    25    (b) if the covered therapeutic and pharmaceutical equivalent  versions
    26  of  a drug, device, or product are not available or are deemed medically
    27  inadvisable a group or blanket policy  shall  provide  coverage  for  an
    28  alternate  therapeutic  and  pharmaceutical  equivalent  version  of the
    29  contraceptive drug, device, or product without cost-sharing;
    30    (c) this coverage shall include emergency contraception without  cost-
    31  sharing  when provided pursuant to an ordinary prescription, non-patient
    32  specific regimen order, or order under section sixty-eight hundred thir-
    33  ty-one of the education  law  and  when  lawfully  provided  other  than
    34  through a prescription or order; and
    35    (d) this coverage must allow for the dispensing of twelve months worth
    36  of a contraceptive at one time;
    37    (2) Voluntary sterilization procedures;
    38    (3) Patient education and counseling on contraception; and
    39    (4)  Follow-up  services  related to the drugs, devices, products, and
    40  procedures covered under this paragraph, including, but not limited  to,
    41  management  of  side  effects,  counseling  for continued adherence, and
    42  device insertion and removal.
    43    (B) A group or blanket policy subject  to  this  paragraph  shall  not
    44  impose  a  deductible, coinsurance, copayment, or any other cost-sharing
    45  requirement on the coverage provided pursuant to this paragraph.
    46    (C) Except as otherwise authorized under this paragraph,  a  group  or
    47  blanket policy shall not impose any restrictions or delays on the cover-
    48  age required under this paragraph.
    49    (D)  Benefits  for  an enrollee under this paragraph shall be the same
    50  for an  enrollee's  covered  spouse  or  domestic  partner  and  covered
    51  nonspouse dependents.
    52    (E)  Notwithstanding  any  other provision of this subsection, a reli-
    53  gious employer may request a contract without coverage for federal  food
    54  and drug administration approved contraceptive methods that are contrary
    55  to  the  religious  employer's  religious  tenets. If so requested, such
    56  contract shall be provided without coverage for  contraceptive  methods.

        S. 659                              3                             A. 585
     1  This  paragraph  shall not be construed to deny an enrollee coverage of,
     2  and timely access to, contraceptive methods.
     3    (1)  For  purposes  of  this  subsection, a "religious employer" is an
     4  entity for which each of the following is true:
     5    (a) The inculcation of religious values is the purpose of the entity.
     6    (b) The entity primarily  employs  persons  who  share  the  religious
     7  tenets of the entity.
     8    (c) The entity serves primarily persons who share the religious tenets
     9  of the entity.
    10    (d)  The  entity  is  a nonprofit organization as described in Section
    11  6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
    12    (2) Every religious employer that invokes the exemption provided under
    13  this paragraph shall provide written  notice  to  prospective  enrollees
    14  prior to enrollment with the plan, listing the contraceptive health care
    15  services the employer refuses to cover for religious reasons.
    16    [(B)  (i)] (F) (1) Where a group policyholder makes an election not to
    17  purchase coverage for contraceptive drugs or devices in accordance  with
    18  subparagraph  [(A)] (E) of this paragraph each certificateholder covered
    19  under the policy issued to that group policyholder shall have the  right
    20  to  directly  purchase  the  rider  required  by this paragraph from the
    21  insurer which issued the group policy  at  the  prevailing  small  group
    22  community  rate  for such rider whether or not the employee is part of a
    23  small group.
    24    [(ii)] (2) Where  a  group  policyholder  makes  an  election  not  to
    25  purchase  coverage for contraceptive drugs or devices in accordance with
    26  subparagraph [(A)] (E) of this paragraph, the insurer that provides such
    27  coverage shall provide written notice to certificateholders upon enroll-
    28  ment with the insurer of their right to directly purchase  a  rider  for
    29  coverage  for  the  cost  of  contraceptive drugs or devices. The notice
    30  shall also advise the certificateholders of the additional  premium  for
    31  such coverage.
    32    [(C)]  (G) Nothing in this paragraph shall be construed as authorizing
    33  a group or blanket policy which provides coverage for prescription drugs
    34  to exclude coverage for prescription drugs prescribed for reasons  other
    35  than contraceptive purposes.
    36    [(D) Such coverage may be subject to reasonable annual deductibles and
    37  coinsurance  as  may  be deemed appropriate by the superintendent and as
    38  are consistent with those established for other drugs or devices covered
    39  under the policy.]
    40    § 3. Subsection (cc) of section 4303 of the insurance law, as added by
    41  chapter 554 of the laws of 2002, is amended to read as follows:
    42    (cc) (1) Every contract  [which  provides  coverage  for  prescription
    43  drugs  shall  include  coverage  for  the cost of contraceptive drugs or
    44  devices approved by the federal food and drug administration or  generic
    45  equivalents approved as substitutes by such food and drug administration
    46  under  the  prescription of a health care provider legally authorized to
    47  prescribe under title eight of the education law. The coverage  required
    48  by  this  section  shall  be included in contracts and certificates only
    49  through the addition of a rider.
    50    (1)] that is issued, amended, renewed, effective or  delivered  on  or
    51  after January first, two thousand twenty, shall provide coverage for all
    52  of the following services and contraceptive methods:
    53    (A) All FDA-approved contraceptive drugs, devices, and other products.
    54  This  includes  all  FDA-approved  over-the-counter contraceptive drugs,
    55  devices, and products as prescribed or  as  otherwise  authorized  under
    56  state or federal law.  The following applies to this coverage:

        S. 659                              4                             A. 585
     1    (i)  where the FDA has approved one or more therapeutic and pharmaceu-
     2  tical equivalent, as defined by the FDA,  versions  of  a  contraceptive
     3  drug, device, or product, a contract is not required to include all such
     4  therapeutic  and pharmaceutical equivalent versions in its formulary, so
     5  long as at least one is included and covered without cost-sharing and in
     6  accordance with this subsection;
     7    (ii) if the covered therapeutic and pharmaceutical equivalent versions
     8  of  a drug, device, or product are not available or are deemed medically
     9  inadvisable a contract shall provide coverage for an alternate therapeu-
    10  tic and pharmaceutical equivalent version  of  the  contraceptive  drug,
    11  device, or product without cost-sharing;
    12    (iii)  this  coverage  shall  include  emergency contraception without
    13  cost-sharing when provided pursuant to an ordinary prescription, non-pa-
    14  tient specific regimen order, or order under section sixty-eight hundred
    15  thirty-one of the education law and when lawfully  provided  other  than
    16  through a prescription or order; and
    17    (iv)  this  coverage  must  allow  for the dispensing of twelve months
    18  worth of a contraceptive at one time;
    19    (B) Voluntary sterilization procedures;
    20    (C) Patient education and counseling on contraception; and
    21    (D) Follow-up services related to the drugs,  devices,  products,  and
    22  procedures covered under this subsection, including, but not limited to,
    23  management  of  side  effects,  counseling  for continued adherence, and
    24  device insertion and removal.
    25    (2) A contract subject to this subsection shall not impose  a  deduct-
    26  ible,  coinsurance,  copayment, or any other cost-sharing requirement on
    27  the coverage provided pursuant to this subsection.
    28    (3) Except as otherwise authorized under this subsection,  a  contract
    29  shall  not  impose  any  restrictions or delays on the coverage required
    30  under this subsection.
    31    (4) Benefits for an enrollee under this subsection shall be  the  same
    32  for  an  enrollee's  covered  spouse  or  domestic  partner  and covered
    33  nonspouse dependents.
    34    (5) Notwithstanding any other provision of this  subsection,  a  reli-
    35  gious  employer may request a contract without coverage for federal food
    36  and drug administration approved contraceptive methods that are contrary
    37  to the religious employer's religious  tenets.  If  so  requested,  such
    38  contract  shall  be provided without coverage for contraceptive methods.
    39  This paragraph shall not be construed to deny an enrollee  coverage  of,
    40  and timely access to, contraceptive methods.
    41    (A)  For  purposes  of  this  subsection, a "religious employer" is an
    42  entity for which each of the following is true:
    43    (i) The inculcation of religious values is the purpose of the entity.
    44    (ii) The entity primarily employs  persons  who  share  the  religious
    45  tenets of the entity.
    46    (iii)  The  entity  serves  primarily  persons who share the religious
    47  tenets of the entity.
    48    (iv) The entity is a nonprofit organization as  described  in  Section
    49  6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
    50    (B) Every religious employer that invokes the exemption provided under
    51  this  paragraph  shall  provide  written notice to prospective enrollees
    52  prior to enrollment with the plan, listing the contraceptive health care
    53  services the employer refuses to cover for religious reasons.
    54    [(2)](6) (A) Where a group contractholder makes  an  election  not  to
    55  purchase  coverage for contraceptive drugs or devices in accordance with
    56  paragraph [one] five of this subsection, each enrollee covered under the

        S. 659                              5                             A. 585
     1  contract issued to that group contractholder shall  have  the  right  to
     2  directly purchase the rider required by this subsection from the insurer
     3  or  health  maintenance  organization which issued the group contract at
     4  the  prevailing small group community rate for such rider whether or not
     5  the employee is part of a small group.
     6    (B) Where a group contractholder makes an  election  not  to  purchase
     7  coverage for contraceptive drugs or devices in accordance with paragraph
     8  [one]  five of this subsection, the insurer or health maintenance organ-
     9  ization that provides such coverage  shall  provide  written  notice  to
    10  enrollees  upon enrollment with the insurer or health maintenance organ-
    11  ization of their right to directly purchase a rider for coverage for the
    12  cost of contraceptive drugs or devices. The notice shall also advise the
    13  enrollees of the additional premium for such coverage.
    14    [(3)](7) Nothing in this subsection shall be construed as  authorizing
    15  a  contract  which  provides  coverage for prescription drugs to exclude
    16  coverage for  prescription  drugs  prescribed  for  reasons  other  than
    17  contraceptive purposes.
    18    [(4) Such coverage may be subject to reasonable annual deductibles and
    19  coinsurance  as  may  be deemed appropriate by the superintendent and as
    20  are consistent with those established for other drugs or devices covered
    21  under the policy.]
    22    § 4. Subparagraph (E) of paragraph 17 of  subsection  (i)  of  section
    23  3216  of the insurance law is amended by adding a new clause (v) to read
    24  as follows:
    25    (v) all FDA-approved contraceptive drugs, devices, and other products,
    26  including  all  over-the-counter  contraceptive  drugs,   devices,   and
    27  products as prescribed or as otherwise authorized under state or federal
    28  law;  voluntary  sterilization  procedures;  patient education and coun-
    29  seling on contraception; and follow-up services related  to  the  drugs,
    30  devices,  products, and procedures covered under this clause, including,
    31  but not limited to, management of side effects, counseling for continued
    32  adherence, and device insertion and removal. Except as otherwise author-
    33  ized under this clause, a contract shall not impose any restrictions  or
    34  delays  on  the  coverage required under this clause. However, where the
    35  FDA has approved one or more therapeutic and pharmaceutical  equivalent,
    36  as  defined  by  the  FDA,  versions of a contraceptive drug, device, or
    37  product, a contract is not required to include all such therapeutic  and
    38  pharmaceutical equivalent versions in its formulary, so long as at least
    39  one  is included and covered without cost-sharing and in accordance with
    40  this clause. If the covered therapeutic  and  pharmaceutical  equivalent
    41  versions  of  a drug, device, or product are not available or are deemed
    42  medically inadvisable a contract shall provide coverage for an alternate
    43  therapeutic and pharmaceutical equivalent version of  the  contraceptive
    44  drug,  device,  or  product  without  cost-sharing.  This coverage shall
    45  include  emergency  contraception  without  cost-sharing  when  provided
    46  pursuant  to  an  ordinary  prescription,  non-patient  specific regimen
    47  order, or order under section  sixty-eight  hundred  thirty-one  of  the
    48  education   law   and  when  lawfully  provided  other  than  through  a
    49  prescription or order; and this coverage must allow for  the  dispensing
    50  of twelve months worth of a contraceptive at one time.
    51    §  5.  Paragraph  (d)  of subdivision 3 of section 365-a of the social
    52  services law, as amended by chapter 909 of  the  laws  of  1974  and  as
    53  relettered  by  chapter  82  of  the laws of 1995, is amended to read as
    54  follows:
    55    (d) family planning services and twelve months of supplies for  eligi-
    56  ble  persons  of  childbearing  age, including children under twenty-one

        S. 659                              6                             A. 585
     1  years of age who can be considered  sexually  active,  who  desire  such
     2  services  and  supplies,  in accordance with the requirements of federal
     3  law and regulations and the regulations of  the  department.  No  person
     4  shall be compelled or coerced to accept such services or supplies.
     5    §  6.  Subdivision 6 of section 6527 of the education law, as added by
     6  chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
     7  of the laws of 2015, paragraph (d) as added by chapter 429 of  the  laws
     8  of  2005,  paragraph  (e)  as  added by chapter 352 of the laws of 2014,
     9  paragraph (f) as added by section 6 of part V of chapter 57 of the  laws
    10  of  2015  and paragraph (g) as added by chapter 502 of the laws of 2016,
    11  is amended to read as follows:
    12    6. A licensed physician may prescribe and order a non-patient specific
    13  regimen [to a registered professional nurse],  pursuant  to  regulations
    14  promulgated  by  the commissioner, and consistent with the public health
    15  law, [for] to:
    16    (a) a registered professional nurse for:
    17    (i) administering immunizations[.];
    18    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    19    [(c)] (iii) administering purified protein derivative (PPD)  tests  or
    20  other tests to detect or screen for tuberculosis infections[.];
    21    [(d)]  (iv) administering tests to determine the presence of the human
    22  immunodeficiency virus[.];
    23    [(e)] (v) administering tests to determine the presence of the hepati-
    24  tis C virus[.];
    25    [(f)] (vi) emergency contraception, to be administered to or dispensed
    26  to be  self-administered  by  the  patient,  under  section  sixty-eight
    27  hundred thirty-two of this title;
    28    (vii)  the urgent or emergency treatment of opioid related overdose or
    29  suspected opioid related overdose[.]; or
    30    [(g)] (viii) screening of  persons  at  increased  risk  of  syphilis,
    31  gonorrhea and chlamydia.
    32    (b)  a licensed pharmacist, for dispensing emergency contraception, to
    33  be self-administered by the patient, under section  sixty-eight  hundred
    34  thirty-two of this title.
    35    §  7.  Subdivision 3 of section 6807 of the education law, as added by
    36  chapter 573 of the laws of 1999, is amended and a new subdivision  4  is
    37  added to read as follows:
    38    3. A pharmacist may dispense drugs and devices to a registered profes-
    39  sional nurse, and a registered professional nurse may possess and admin-
    40  ister,  drugs  and  devices,  pursuant to a non-patient specific regimen
    41  prescribed or ordered by  a  licensed  physician,  licensed  midwife  or
    42  certified nurse practitioner, pursuant to regulations promulgated by the
    43  commissioner and the public health law.
    44    4.  A  pharmacist may dispense a non-patient specific regimen of emer-
    45  gency contraception, to be self-administered by the patient,  prescribed
    46  or  ordered  by  a  licensed physician, certified nurse practitioner, or
    47  licensed midwife, under section sixty-eight hundred thirty-two  of  this
    48  article.
    49    § 8. The education law is amended by adding a new section 6832 to read
    50  as follows:
    51    §  6832. Emergency contraception; non-patient specific prescription or
    52  order. 1. As used in this section, the following terms  shall  have  the
    53  following meanings, unless the context requires otherwise:
    54    (a)  "Emergency  contraception"  means  one  or  more  prescription or
    55  nonprescription drugs, used separately or in combination,  in  a  dosage
    56  and  manner  for preventing pregnancy when used after intercourse, found

        S. 659                              7                             A. 585
     1  safe and effective for that use by  the  United  States  food  and  drug
     2  administration, and dispensed or administered for that purpose.
     3    (b)  "Prescriber"  means a licensed physician, certified nurse practi-
     4  tioner or licensed midwife.
     5    2. This section applies to the administering or dispensing of emergen-
     6  cy contraception by a registered professional nurse or the dispensing of
     7  emergency  contraception  by  a  licensed  pharmacist  pursuant   to   a
     8  prescription or order for a non-patient specific regimen made by a pres-
     9  criber under section sixty-five hundred twenty-seven, sixty-nine hundred
    10  nine  or  sixty-nine  hundred fifty-one of this title. This section does
    11  not apply to administering or dispensing  emergency  contraception  when
    12  lawfully done without such a prescription or order.
    13    3.  The  administering  or  dispensing of emergency contraception by a
    14  registered professional nurse or the dispensing of emergency  contracep-
    15  tion  by  a licensed pharmacist shall be done in accordance with profes-
    16  sional standards of practice and in accordance with  written  procedures
    17  and protocols agreed to by the registered professional nurse or licensed
    18  pharmacist  and  the  prescriber  or  a hospital (licensed under article
    19  twenty-eight of the public health law) that  provides  gynecological  or
    20  family planning services.
    21    4.  When  emergency  contraception  is  administered or dispensed, the
    22  registered professional nurse or licensed pharmacist  shall  provide  to
    23  the  patient  written material that includes: (i) the clinical consider-
    24  ations and recommendations for use of the  drug;  (ii)  the  appropriate
    25  method  for  using  the  drug;  (iii)  information  on the importance of
    26  follow-up health care; (iv) information on the health  risks  and  other
    27  dangers  of unprotected intercourse; and (v) referral information relat-
    28  ing to health care and services relating to sexual  abuse  and  domestic
    29  violence.    Such written material shall be developed or approved by the
    30  commissioner in consultation with the department of health and the Amer-
    31  ican college of obstetricians and gynecologists.
    32    § 9. Subdivision 4 of section 6909 of the education law, as  added  by
    33  chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
    34  of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
    35  of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
    36  paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
    37  as added by section 5 of part V of chapter 57 of the laws  of  2015  and
    38  paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
    39  read as follows:
    40    4.  A  certified  nurse practitioner may prescribe and order a non-pa-
    41  tient specific regimen [to a registered professional nurse], pursuant to
    42  regulations promulgated by the commissioner, consistent with subdivision
    43  three of section [six thousand nine]  sixty-nine  hundred  two  of  this
    44  article, and consistent with the public health law, for:
    45    (a) a registered professional nurse for:
    46    (i) administering immunizations[.];
    47    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    48    [(c)]  (iii)  administering purified protein derivative (PPD) tests or
    49  other tests to detect or screen for tuberculosis infections[.];
    50    [(d)] (iv) administering tests to determine the presence of the  human
    51  immunodeficiency virus[.];
    52    [(e)] (v) administering tests to determine the presence of the hepati-
    53  tis C virus[.];
    54    [(f)] (vi) emergency contraception, to be administered to or dispensed
    55  to  be  self-administered  by  the  patient,  under  section sixty-eight
    56  hundred thirty-two of this title;

        S. 659                              8                             A. 585
     1    (vii) the urgent or emergency treatment of opioid related overdose  or
     2  suspected opioid related overdose[.]; or
     3    [(g)]  (viii)  screening  of  persons  at increased risk for syphilis,
     4  gonorrhea and chlamydia.
     5    (b) a licensed pharmacist, for dispensing emergency contraception,  to
     6  be  self-administered  by the patient, under section sixty-eight hundred
     7  thirty-two of this title.
     8    § 10. Subdivision 5 of section 6909 of the education law, as added  by
     9  chapter 573 of the laws of 1999, is amended to read as follows:
    10    5.  A registered professional nurse may execute a non-patient specific
    11  regimen prescribed or ordered by a licensed physician, licensed  midwife
    12  or  certified nurse practitioner, pursuant to regulations promulgated by
    13  the commissioner.
    14    § 11. Section 6951 of the education law is amended  by  adding  a  new
    15  subdivision 4 to read as follows:
    16    4.  A  licensed midwife may prescribe and order a non-patient specific
    17  regimen  pursuant  to  regulations  promulgated  by  the   commissioner,
    18  consistent with this section and the public health law, to:
    19    (a) a registered professional nurse for emergency contraception, to be
    20  administered  to  or  dispensed  to be self-administered by the patient,
    21  under section sixty-eight hundred thirty-two of this title; or
    22    (b) a licensed pharmacist, for dispensing emergency contraception,  to
    23  be  self-administered  by the patient, under section sixty-eight hundred
    24  thirty-two of this title.
    25    § 12. Subdivision 1 of section 207 of the public health law is amended
    26  by adding a new paragraph (p) to read as follows:
    27    (p) Emergency contraception, including information about  its  safety,
    28  efficacy, appropriate use and availability.
    29    §  13. Severability clause. If any provision of this act or the appli-
    30  cation thereof is held invalid, such invalidity shall not  affect  other
    31  provisions or applications of this act which can be given effect without
    32  the  invalid provision or application, and to this end the provisions of
    33  this act are declared to be severable.
    34    § 14. This act shall  take  effect  January  1,  2020;  provided  that
    35  section  six  of  this  act shall take effect January 1, 2021; provided,
    36  however, that effective  immediately,  the  addition,  amendment  and/or
    37  repeal  of  any  rule  or regulation necessary for the implementation of
    38  this act on its effective date are authorized and directed  to  be  made
    39  and  completed by the commissioner of education and the board of regents
    40  on or before such effective date.
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