Bill Text: NY A01125 | 2021-2022 | General Assembly | Amended


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 regimen to a pharmacist licensed and located in the state for the dispensing of self-administered hormonal contraceptives.

Spectrum: Partisan Bill (Democrat 38-0)

Status: (Engrossed - Dead) 2022-06-03 - REFERRED TO RULES [A01125 Detail]

Download: New_York-2021-A01125-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1125--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced   by  M.  of  A.  PAULIN,  GOTTFRIED,  THIELE,  GALEF,  COOK,
          J. RIVERA, SEAWRIGHT, DINOWITZ,  BICHOTTE HERMELYN,  BARRETT,  KELLES,
          HEVESI,  McDONALD,  GONZALEZ-ROJAS, SILLITTI, DICKENS, REYES, MAMDANI,
          ROZIC, ENGLEBRIGHT, FORREST, EPSTEIN,  JACKSON,  STECK,  L. ROSENTHAL,
          NIOU,  QUART,  CARROLL,  BURDICK,  SIMON, BURGOS, LUNSFORD, GALLAGHER,
          LAVINE, J. D. RIVERA, CLARK -- read once and referred to the Committee
          on Higher Education -- recommitted to the Committee on  Higher  Educa-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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 seven 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 seven of this article,  means  self-adminis-
    13  tered  contraceptive medications or devices approved by the federal Food
    14  and Drug Administration to prevent pregnancy by using hormones to  regu-
    15  late  or  prevent  ovulation, and includes oral hormonal contraceptives,
    16  hormonal contraceptive vaginal rings and hormonal contraceptive patches.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01980-04-2

        A. 1125--A                          2

     1    § 3. Section 6807 of the education law is  amended  by  adding  a  new
     2  subdivision 4 to read as follows:
     3     4.  a.  A pharmacist licensed and located in the state may dispense a
     4  non-patient specific regimen of  self-administered  hormonal  contracep-
     5  tives,  prescribed or ordered by a licensed physician or certified nurse
     6  practitioner, pursuant to  rules  and  regulations  promulgated  by  the
     7  commissioner, in accordance with the provisions of this subdivision.
     8    b.  Prior to dispensing self-administered hormonal contraceptives to a
     9  patient, and at a minimum of every  twelve  months  for  each  returning
    10  patient, the pharmacist shall:
    11    (i)  provide  the  patient with a self-screening risk assessment ques-
    12  tionnaire, developed by the commissioner of health and made available in
    13  English and the top six languages spoken in the state, according to  the
    14  latest  available  data from the United States Census Bureau, to be used
    15  by the patient to help the patient select an  appropriate  self-adminis-
    16  tered hormonal contraceptive; and
    17    (ii)  provide  the patient with a fact sheet, developed by the commis-
    18  sioner of health and made available in English and the top six languages
    19  spoken in the state, according to the latest  available  data  from  the
    20  United  States  Census  Bureau, that includes but is not limited to, the
    21  clinical considerations and recommendations for use of the self-adminis-
    22  tered hormonal contraceptive, the  appropriate  method  for  using  such
    23  hormonal  contraceptive,  information  on  the  importance  of follow-up
    24  health care, and health care referral information.
    25    c. The  commissioner  may  require  pharmacists  to  undergo  training
    26  related to the provisions of this subdivision.
    27    d. A pharmacist shall notify the patient's primary health care practi-
    28  tioner,  within  seventy-two  hours  of  dispensing  a self-administered
    29  hormonal contraceptive, that such self-administered hormonal  contracep-
    30  tive  has  been dispensed. If the patient does not have a primary health
    31  care practitioner, or is unable to provide contact information for their
    32  primary health care  practitioner,  the  pharmacist  shall  provide  the
    33  patient  with  a  written  record  of  the contraceptives dispensed, and
    34  advise the patient to consult an appropriate health care practitioner.
    35    e. Nothing in this subdivision shall prevent a pharmacist from  refus-
    36  ing  to  dispense pursuant to this subdivision if, in their professional
    37  judgment, potential adverse effects, interactions or  other  therapeutic
    38  complications could endanger the health of the patient.
    39    §  4.  Section  6909  of  the education law is amended by adding a new
    40  subdivision 11 to read as follows:
    41    11. A certified nurse practitioner may prescribe and order  a  non-pa-
    42  tient  specific  regimen  to  a  pharmacist  licensed and located in the
    43  state, pursuant to regulations  promulgated  by  the  commissioner,  and
    44  consistent  with  section  sixty-eight  hundred seven of this title, for
    45  dispensing  self-administered  hormonal  contraceptives  as  defined  in
    46  section sixty-eight hundred two of this title.
    47    §  5.  This  act shall take effect eighteen months after it shall have
    48  become a law. Effective  immediately,  the  addition,  amendment  and/or
    49  repeal  of  any  rule  or regulation necessary for the implementation of
    50  this act on its effective date are authorized to be made  and  completed
    51  on or before such effective date.
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