Bill Text: NY A01060 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the dispensing of self-administered hormonal contraceptives; authorizes a licensed physician and a certified nurse practitioner to prescribe and order a non-patient specific order to a pharmacist licensed and located in the state for the dispensing of self-administered hormonal contraceptives.

Spectrum: Partisan Bill (Democrat 39-0)

Status: (Passed) 2023-05-02 - approval memo.1 [A01060 Detail]

Download: New_York-2023-A01060-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1060

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M. of A. PAULIN, THIELE, COOK, RIVERA, SEAWRIGHT, DINOW-
          ITZ,  BICHOTTE HERMELYN,  BARRETT,  KELLES,  HEVESI,   GONZALEZ-ROJAS,
          SILLITTI,  DICKENS,  REYES,  MAMDANI,  ROZIC, EPSTEIN, JACKSON, STECK,
          L. ROSENTHAL, CARROLL, BURDICK, SIMON,  BURGOS,  LUNSFORD,  GALLAGHER,
          LAVINE,  CLARK, GLICK, OTIS -- read once and referred to the Committee
          on Higher Education

        AN ACT to amend the education law, in  relation  to  the  dispensing  of
          self-administered hormonal contraceptives

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 6527 of the education law is amended  by  adding  a
     2  new subdivision 11 to read as follows:
     3    11. A licensed physician may prescribe and order a non-patient specif-
     4  ic  regimen  to a pharmacist licensed and located in the state, pursuant
     5  to regulations promulgated by  the  commissioner,  and  consistent  with
     6  section  sixty-eight  hundred one of this title, for dispensing self-ad-
     7  ministered hormonal contraceptives as  defined  in  section  sixty-eight
     8  hundred two of this title.
     9    §  2.  Section  6802  of  the education law is amended by adding a new
    10  subdivision 29 to read as follows:
    11    29. "Self-administered hormonal contraceptives", for  the  purpose  of
    12  section sixty-eight hundred one of this article, means self-administered
    13  contraceptive  medications  or  devices approved by the federal Food and
    14  Drug Administration to prevent pregnancy by using hormones  to  regulate
    15  or prevent ovulation, and includes oral hormonal contraceptives, hormon-
    16  al contraceptive vaginal rings and hormonal contraceptive patches.
    17    §  3.  Section  6801  of  the education law is amended by adding a new
    18  subdivision 9 to read as follows:
    19     9. a. A pharmacist licensed and located in the state may  dispense  a
    20  non-patient  specific  regimen  of self-administered hormonal contracep-
    21  tives, prescribed or ordered by a licensed physician or certified  nurse

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02138-02-3
        A. 1060                             2

     1  practitioner  or the commissioner of health, pursuant to rules and regu-
     2  lations  promulgated  by  the  commissioner,  in  accordance  with   the
     3  provisions of this subdivision.
     4    b.  Prior to dispensing self-administered hormonal contraceptives to a
     5  patient, and at a minimum of every  twelve  months  for  each  returning
     6  patient, the pharmacist shall:
     7    (i)  provide  the  patient with a self-screening risk assessment ques-
     8  tionnaire, developed by the commissioner of health in consultation  with
     9  the  commissioner and made available in English by covered pharmacies as
    10  defined in subdivision one of section   sixty-eight hundred  twenty-nine
    11  of  this  article  in the pharmacy primary languages as defined in para-
    12  graph (e) of subdivision one of section sixty-eight hundred  twenty-nine
    13  of this article, to be utilized and assessed by the pharmacist to assist
    14  the  patient  in  selecting  an  appropriate  self-administered hormonal
    15  contraceptive; and
    16    (ii) provide the patient with a fact sheet, developed by  the  commis-
    17  sioner of health and made available in English and by covered pharmacies
    18  as defined in subdivision one of section sixty-eight hundred twenty-nine
    19  of  this  article  in the pharmacy primary languages as defined in para-
    20  graph (e) of subdivision one of section sixty-eight hundred  twenty-nine
    21  of  this  article,  that  includes  but  is not limited to, the clinical
    22  considerations and recommendations  for  use  of  the  self-administered
    23  hormonal  contraceptive,  the appropriate method for using such hormonal
    24  contraceptive, information on the importance of follow-up  health  care,
    25  health  care referral information, and the ability of the patient to opt
    26  out of practitioner reporting requirements.
    27    c. The  commissioner  may  require  pharmacists  to  undergo  training
    28  related to the provisions of this subdivision.
    29    d. A pharmacist shall notify the patient's primary health care practi-
    30  tioner,  unless the patient opts out of such notification, within seven-
    31  ty-two hours of dispensing a self-administered  hormonal  contraceptive,
    32  that  such  self-administered hormonal contraceptive has been dispensed.
    33  If the patient does not have a primary health care practitioner,  or  is
    34  unable  to  provide  contact  information  for their primary health care
    35  practitioner, the pharmacist shall provide the patient  with  a  written
    36  record  of  the  contraceptives  dispensed,  and  advise  the patient to
    37  consult an appropriate health care practitioner.
    38    e. Nothing in this subdivision shall prevent a pharmacist from  refus-
    39  ing  to  dispense  a  non-patient  specific regimen of self-administered
    40  hormonal contraceptive pursuant to this subdivision if, in their profes-
    41  sional judgment, potential adverse effects, interactions or other thera-
    42  peutic complications could endanger the health of the patient.
    43    § 4. Section 6909 of the education law is  amended  by  adding  a  new
    44  subdivision 11 to read as follows:
    45    11.  A  certified nurse practitioner may prescribe and order a non-pa-
    46  tient specific regimen to a  pharmacist  licensed  and  located  in  the
    47  state,  pursuant  to  regulations  promulgated  by the commissioner, and
    48  consistent with section sixty-eight  hundred  one  of  this  title,  for
    49  dispensing  self-administered  hormonal  contraceptives  as  defined  in
    50  section sixty-eight hundred two of this title.
    51    § 5. This act shall take effect eighteen months after  it  shall  have
    52  become  a  law.  Effective  immediately,  the addition, amendment and/or
    53  repeal of any rule or regulation necessary  for  the  implementation  of
    54  this  act  on its effective date are authorized to be made and completed
    55  on or before such effective date.