Bill Text: NY A01378 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts the "comprehensive contraception coverage act" to provide insurance coverage for FDA-approved contraceptive drugs, devices and products.

Spectrum: Partisan Bill (Democrat 40-0)

Status: (Engrossed - Dead) 2018-01-03 - ordered to third reading cal.97 [A01378 Detail]

Download: New_York-2017-A01378-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1378
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2017
                                       ___________
        Introduced  by  M.  of  A.  CAHILL,  SEAWRIGHT, ROSENTHAL, GLICK, JENNE,
          JAFFEE, SIMOTAS, GOTTFRIED, BARRON, BLAKE, BARRETT, MAGNARELLI,  BRON-
          SON,  LAVINE  --  Multi-Sponsored  by  --  M.  of A. BRAUNSTEIN, COOK,
          FARRELL, HOOPER, LIFTON, LUPARDO, MOSLEY, ROZIC, THIELE, TITUS --  (at
          request  of  the  Department  of Law) -- 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".
     3    §  2.  Paragraph 16 of subsection (l) of section 3221 of the insurance
     4  law, as added by chapter 554 of the laws of 2002, is amended to read  as
     5  follows:
     6    (16)  (A)  Every  group or blanket policy [which provides coverage for
     7  prescription drugs shall include coverage for the cost of  contraceptive
     8  drugs or devices approved by the federal food and drug administration or
     9  generic equivalents approved as substitutes by such food and drug admin-
    10  istration  under  the  prescription  of  a  health care provider legally
    11  authorized to prescribe under title eight  of  the  education  law.  The
    12  coverage  required  by  this  section  shall be included in policies and
    13  certificates only through the addition of a rider.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06579-01-7
        A. 1378                             2

     1    (A)] that is issued, amended, renewed, effective or  delivered  on  or
     2  after  January  first, two thousand eighteen, shall provide coverage for
     3  all of the following services and contraceptive methods:
     4    (1) All FDA-approved contraceptive drugs, devices, and other products.
     5  This  includes  all  FDA-approved  over-the-counter contraceptive drugs,
     6  devices, and products as prescribed or  as  otherwise  authorized  under
     7  state or federal law. The following applies to this coverage:
     8    (a)  where the FDA has approved one or more therapeutic and pharmaceu-
     9  tical equivalent, as defined by the FDA,  versions  of  a  contraceptive
    10  drug,  device,  or product, a group or blanket policy is not required to
    11  include all such therapeutic and pharmaceutical equivalent  versions  in
    12  its  formulary,  so long as at least one is included and covered without
    13  cost-sharing and in accordance with this paragraph;
    14    (b) if the covered therapeutic and pharmaceutical equivalent  versions
    15  of  a drug, device, or product are not available or are deemed medically
    16  inadvisable a group or blanket policy  shall  provide  coverage  for  an
    17  alternate  therapeutic  and  pharmaceutical  equivalent  version  of the
    18  contraceptive drug, device, or product without cost-sharing;
    19    (c) this coverage shall include emergency contraception without  cost-
    20  sharing  when provided pursuant to an ordinary prescription, non-patient
    21  specific regimen order, or order under section sixty-eight hundred thir-
    22  ty-one of the education  law  and  when  lawfully  provided  other  than
    23  through a prescription or order; and
    24    (d) this coverage must allow for the dispensing of twelve months worth
    25  of a contraceptive at one time;
    26    (2) Voluntary sterilization procedures;
    27    (3) Patient education and counseling on contraception; and
    28    (4)  Follow-up  services  related to the drugs, devices, products, and
    29  procedures covered under this paragraph, including, but not limited  to,
    30  management  of  side  effects,  counseling  for continued adherence, and
    31  device insertion and removal.
    32    (B) A group or blanket policy subject  to  this  paragraph  shall  not
    33  impose  a  deductible, coinsurance, copayment, or any other cost-sharing
    34  requirement on the coverage provided pursuant to this paragraph.
    35    (C) Except as otherwise authorized under this paragraph,  a  group  or
    36  blanket policy shall not impose any restrictions or delays on the cover-
    37  age required under this paragraph.
    38    (D)  Benefits  for  an enrollee under this paragraph shall be the same
    39  for an  enrollee's  covered  spouse  or  domestic  partner  and  covered
    40  nonspouse dependents.
    41    (E)  Notwithstanding  any  other provision of this subsection, a reli-
    42  gious employer may request a contract without coverage for federal  food
    43  and drug administration approved contraceptive methods that are contrary
    44  to  the  religious  employer's  religious  tenets. If so requested, such
    45  contract shall be provided without coverage for  contraceptive  methods.
    46  This  paragraph  shall not be construed to deny an enrollee coverage of,
    47  and timely access to, contraceptive methods.
    48    (1) For purposes of this subsection,  a  "religious  employer"  is  an
    49  entity for which each of the following is true:
    50    (a) The inculcation of religious values is the purpose of the entity.
    51    (b)  The  entity  primarily  employs  persons  who share the religious
    52  tenets of the entity.
    53    (c) The entity serves primarily persons who share the religious tenets
    54  of the entity.
    55    (d) The entity is a nonprofit organization  as  described  in  Section
    56  6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
        A. 1378                             3
     1    (2) Every religious employer that invokes the exemption provided under
     2  this  paragraph  shall  provide  written notice to prospective enrollees
     3  prior to enrollment with the plan, listing the contraceptive health care
     4  services the employer refuses to cover for religious reasons.
     5    [(B)  (i)] (F) (1) Where a group policyholder makes an election not to
     6  purchase coverage for contraceptive drugs or devices in accordance  with
     7  subparagraph  [(A)] (E) of this paragraph each certificateholder covered
     8  under the policy issued to that group policyholder shall have the  right
     9  to  directly  purchase  the  rider  required  by this paragraph from the
    10  insurer which issued the group policy  at  the  prevailing  small  group
    11  community  rate  for such rider whether or not the employee is part of a
    12  small group.
    13    [(ii)] (2) Where  a  group  policyholder  makes  an  election  not  to
    14  purchase  coverage for contraceptive drugs or devices in accordance with
    15  subparagraph [(A)] (E) of this paragraph, the insurer that provides such
    16  coverage shall provide written notice to certificateholders upon enroll-
    17  ment with the insurer of their right to directly purchase  a  rider  for
    18  coverage  for  the  cost  of  contraceptive drugs or devices. The notice
    19  shall also advise the certificateholders of the additional  premium  for
    20  such coverage.
    21    [(C)]  (G) Nothing in this paragraph shall be construed as authorizing
    22  a group or blanket policy which provides coverage for prescription drugs
    23  to exclude coverage for prescription drugs prescribed for reasons  other
    24  than contraceptive purposes.
    25    [(D) Such coverage may be subject to reasonable annual deductibles and
    26  coinsurance  as  may  be deemed appropriate by the superintendent and as
    27  are consistent with those established for other drugs or devices covered
    28  under the policy.]
    29    § 3. Subsection (cc) of section 4303 of the insurance law, as added by
    30  chapter 554 of the laws of 2002, is amended to read as follows:
    31    (cc) (1) Every contract  [which  provides  coverage  for  prescription
    32  drugs  shall  include  coverage  for  the cost of contraceptive drugs or
    33  devices approved by the federal food and drug administration or  generic
    34  equivalents approved as substitutes by such food and drug administration
    35  under  the  prescription of a health care provider legally authorized to
    36  prescribe under title eight of the education law. The coverage  required
    37  by  this  section  shall  be included in contracts and certificates only
    38  through the addition of a rider.
    39    (1)] that is issued, amended, renewed, effective or  delivered  on  or
    40  after  January  first, two thousand eighteen, shall provide coverage for
    41  all of the following services and contraceptive methods:
    42    (A) All FDA-approved contraceptive drugs, devices, and other products.
    43  This includes all  FDA-approved  over-the-counter  contraceptive  drugs,
    44  devices,  and  products  as  prescribed or as otherwise authorized under
    45  state or federal law.  The following applies to this coverage:
    46    (i) where the FDA has approved one or more therapeutic and  pharmaceu-
    47  tical  equivalent,  as  defined  by the FDA, versions of a contraceptive
    48  drug, device, or product, a contract is not required to include all such
    49  therapeutic and pharmaceutical equivalent versions in its formulary,  so
    50  long as at least one is included and covered without cost-sharing and in
    51  accordance with this subsection;
    52    (ii) if the covered therapeutic and pharmaceutical equivalent versions
    53  of  a drug, device, or product are not available or are deemed medically
    54  inadvisable a contract shall provide coverage for an alternate therapeu-
    55  tic and pharmaceutical equivalent version  of  the  contraceptive  drug,
    56  device, or product without cost-sharing;
        A. 1378                             4
     1    (iii)  this  coverage  shall  include  emergency contraception without
     2  cost-sharing when provided pursuant to an ordinary prescription, non-pa-
     3  tient specific regimen order, or order under section sixty-eight hundred
     4  thirty-one of the education law and when lawfully  provided  other  than
     5  through a prescription or order; and
     6    (iv)  this  coverage  must  allow  for the dispensing of twelve months
     7  worth of a contraceptive at one time;
     8    (B) Voluntary sterilization procedures;
     9    (C) Patient education and counseling on contraception; and
    10    (D) Follow-up services related to the drugs,  devices,  products,  and
    11  procedures covered under this subsection, including, but not limited to,
    12  management  of  side  effects,  counseling  for continued adherence, and
    13  device insertion and removal.
    14    (2) A contract subject to this subsection shall not impose  a  deduct-
    15  ible,  coinsurance,  copayment, or any other cost-sharing requirement on
    16  the coverage provided pursuant to this subsection.
    17    (3) Except as otherwise authorized under this subsection,  a  contract
    18  shall  not  impose  any  restrictions or delays on the coverage required
    19  under this subsection.
    20    (4) Benefits for an enrollee under this subsection shall be  the  same
    21  for  an  enrollee's  covered  spouse  or  domestic  partner  and covered
    22  nonspouse dependents.
    23    (5) Notwithstanding any other provision of this  subsection,  a  reli-
    24  gious  employer may request a contract without coverage for federal food
    25  and drug administration approved contraceptive methods that are contrary
    26  to the religious employer's religious  tenets.  If  so  requested,  such
    27  contract  shall  be provided without coverage for contraceptive methods.
    28  This paragraph shall not be construed to deny an enrollee  coverage  of,
    29  and timely access to, contraceptive methods.
    30    (A)  For  purposes  of  this  subsection, a "religious employer" is an
    31  entity for which each of the following is true:
    32    (i) The inculcation of religious values is the purpose of the entity.
    33    (ii) The entity primarily employs  persons  who  share  the  religious
    34  tenets of the entity.
    35    (iii)  The  entity  serves  primarily  persons who share the religious
    36  tenets of the entity.
    37    (iv) The entity is a nonprofit organization as  described  in  Section
    38  6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
    39    (B) Every religious employer that invokes the exemption provided under
    40  this  paragraph  shall  provide  written notice to prospective enrollees
    41  prior to enrollment with the plan, listing the contraceptive health care
    42  services the employer refuses to cover for religious reasons.
    43    [(2)](6) (A) Where a group contractholder makes  an  election  not  to
    44  purchase  coverage for contraceptive drugs or devices in accordance with
    45  paragraph [one] five of this subsection, each enrollee covered under the
    46  contract issued to that group contractholder shall  have  the  right  to
    47  directly purchase the rider required by this subsection from the insurer
    48  or  health  maintenance  organization which issued the group contract at
    49  the prevailing small group community rate for such rider whether or  not
    50  the employee is part of a small group.
    51    (B)  Where  a  group  contractholder makes an election not to purchase
    52  coverage for contraceptive drugs or devices in accordance with paragraph
    53  [one] five of this subsection, the insurer or health maintenance  organ-
    54  ization  that  provides  such  coverage  shall provide written notice to
    55  enrollees upon enrollment with the insurer or health maintenance  organ-
    56  ization of their right to directly purchase a rider for coverage for the
        A. 1378                             5
     1  cost of contraceptive drugs or devices. The notice shall also advise the
     2  enrollees of the additional premium for such coverage.
     3    [(3)](7)  Nothing in this subsection shall be construed as authorizing
     4  a contract which provides coverage for  prescription  drugs  to  exclude
     5  coverage  for  prescription  drugs  prescribed  for  reasons  other than
     6  contraceptive purposes.
     7    [(4) Such coverage may be subject to reasonable annual deductibles and
     8  coinsurance as may be deemed appropriate by the  superintendent  and  as
     9  are consistent with those established for other drugs or devices covered
    10  under the policy.]
    11    §  4.  Subparagraph  (E)  of paragraph 17 of subsection (i) of section
    12  3216 of the insurance law is amended by adding a new clause (v) to  read
    13  as follows:
    14    (v) all FDA-approved contraceptive drugs, devices, and other products,
    15  including   all   over-the-counter  contraceptive  drugs,  devices,  and
    16  products as prescribed or as otherwise authorized under state or federal
    17  law; voluntary sterilization procedures;  patient  education  and  coun-
    18  seling  on  contraception;  and follow-up services related to the drugs,
    19  devices, products, and procedures covered under this clause,  including,
    20  but not limited to, management of side effects, counseling for continued
    21  adherence, and device insertion and removal. Except as otherwise author-
    22  ized  under this clause, a contract shall not impose any restrictions or
    23  delays on the coverage required under this clause.  However,  where  the
    24  FDA  has approved one or more therapeutic and pharmaceutical equivalent,
    25  as defined by the FDA, versions of  a  contraceptive  drug,  device,  or
    26  product,  a contract is not required to include all such therapeutic and
    27  pharmaceutical equivalent versions in its formulary, so long as at least
    28  one is included and covered without cost-sharing and in accordance  with
    29  this  clause.  If  the covered therapeutic and pharmaceutical equivalent
    30  versions of a drug, device, or product are not available or  are  deemed
    31  medically inadvisable a contract shall provide coverage for an alternate
    32  therapeutic  and  pharmaceutical equivalent version of the contraceptive
    33  drug, device, or  product  without  cost-sharing.  This  coverage  shall
    34  include  emergency  contraception  without  cost-sharing  when  provided
    35  pursuant to  an  ordinary  prescription,  non-patient  specific  regimen
    36  order,  or  order  under  section  sixty-eight hundred thirty-one of the
    37  education  law  and  when  lawfully  provided  other  than   through   a
    38  prescription  or  order; and this coverage must allow for the dispensing
    39  of twelve months worth of a contraceptive at one time.
    40    § 5. Paragraph (d) of subdivision 3 of section  365-a  of  the  social
    41  services  law,  as  amended  by  chapter  909 of the laws of 1974 and as
    42  relettered by chapter 82 of the laws of 1995,  is  amended  to  read  as
    43  follows:
    44    (d)  family planning services and twelve months of supplies for eligi-
    45  ble persons of childbearing age,  including  children  under  twenty-one
    46  years  of  age  who  can  be considered sexually active, who desire such
    47  services and supplies, in accordance with the  requirements  of  federal
    48  law  and  regulations  and  the regulations of the department. No person
    49  shall be compelled or coerced to accept such services or supplies.
    50    § 6. Subdivision 6 of section 6527 of the education law, as  added  by
    51  chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
    52  of  the  laws of 2015, paragraph (d) as added by chapter 429 of the laws
    53  of 2005, paragraph (e) as added by chapter 352  of  the  laws  of  2014,
    54  paragraph  (f) as added by section 6 of part V of chapter 57 of the laws
    55  of 2015 and paragraph (g) as added by chapter 502 of the laws  of  2016,
    56  is amended to read as follows:
        A. 1378                             6
     1    6. A licensed physician may prescribe and order a non-patient specific
     2  regimen  [to  a  registered professional nurse], pursuant to regulations
     3  promulgated by the commissioner, and consistent with the  public  health
     4  law, [for] to:
     5    (a) a registered professional nurse for:
     6    (i) administering immunizations[.];
     7    [(b)] (ii) the emergency treatment of anaphylaxis[.];
     8    [(c)]  (iii)  administering purified protein derivative (PPD) tests or
     9  other tests to detect or screen for tuberculosis infections[.];
    10    [(d)] (iv) administering tests to determine the presence of the  human
    11  immunodeficiency virus[.];
    12    [(e)] (v) administering tests to determine the presence of the hepati-
    13  tis C virus[.];
    14    [(f)] (vi) emergency contraception, to be administered to or dispensed
    15  to  be  self-administered  by  the  patient,  under  section sixty-eight
    16  hundred thirty-two of this title;
    17    (vii) the urgent or emergency treatment of opioid related overdose  or
    18  suspected opioid related overdose[.]; or
    19    [(g)]  (viii)  screening  of  persons  at  increased risk of syphilis,
    20  gonorrhea and chlamydia.
    21    (b) a licensed pharmacist, for dispensing emergency contraception,  to
    22  be  self-administered  by the patient, under section sixty-eight hundred
    23  thirty-two of this title.
    24    § 7. Subdivision 3 of section 6807 of the education law, as  added  by
    25  chapter  573  of the laws of 1999, is amended and a new subdivision 4 is
    26  added to read as follows:
    27    3. A pharmacist may dispense drugs and devices to a registered profes-
    28  sional nurse, and a registered professional nurse may possess and admin-
    29  ister, drugs and devices, pursuant to  a  non-patient  specific  regimen
    30  prescribed  or  ordered  by  a  licensed  physician, licensed midwife or
    31  certified nurse practitioner, pursuant to regulations promulgated by the
    32  commissioner and the public health law.
    33    4. A pharmacist may dispense a non-patient specific regimen  of  emer-
    34  gency  contraception, to be self-administered by the patient, prescribed
    35  or ordered by a licensed physician,  certified  nurse  practitioner,  or
    36  licensed  midwife,  under section sixty-eight hundred thirty-two of this
    37  article.
    38    § 8. The education law is amended by adding a new section 6832 to read
    39  as follows:
    40    § 6832. Emergency contraception; non-patient specific prescription  or
    41  order.  1.  As  used in this section, the following terms shall have the
    42  following meanings, unless the context requires otherwise:
    43    (a) "Emergency  contraception"  means  one  or  more  prescription  or
    44  nonprescription  drugs,  used  separately or in combination, in a dosage
    45  and manner for preventing pregnancy when used after  intercourse,  found
    46  safe  and  effective  for  that  use  by the United States food and drug
    47  administration, and dispensed or administered for that purpose.
    48    (b) "Prescriber" means a licensed physician, certified  nurse  practi-
    49  tioner or licensed midwife.
    50    2. This section applies to the administering or dispensing of emergen-
    51  cy contraception by a registered professional nurse or the dispensing of
    52  emergency   contraception   by  a  licensed  pharmacist  pursuant  to  a
    53  prescription or order for a non-patient specific regimen made by a pres-
    54  criber under section sixty-five hundred twenty-seven, sixty-nine hundred
    55  nine or sixty-nine hundred fifty-one of this title.  This  section  does
        A. 1378                             7
     1  not  apply  to  administering or dispensing emergency contraception when
     2  lawfully done without such a prescription or order.
     3    3.  The  administering  or  dispensing of emergency contraception by a
     4  registered professional nurse or the dispensing of emergency  contracep-
     5  tion  by  a licensed pharmacist shall be done in accordance with profes-
     6  sional standards of practice and in accordance with  written  procedures
     7  and protocols agreed to by the registered professional nurse or licensed
     8  pharmacist  and  the  prescriber  or  a hospital (licensed under article
     9  twenty-eight of the public health law) that  provides  gynecological  or
    10  family planning services.
    11    4.  (a) When emergency contraception is administered or dispensed, the
    12  registered professional nurse or licensed pharmacist  shall  provide  to
    13  the  patient  written material that includes: (i) the clinical consider-
    14  ations and recommendations for use of the  drug;  (ii)  the  appropriate
    15  method  for  using  the  drug;  (iii)  information  on the importance of
    16  follow-up health care; (iv) information on the health  risks  and  other
    17  dangers  of unprotected intercourse; and (v) referral information relat-
    18  ing to health care and services relating to sexual  abuse  and  domestic
    19  violence.
    20    (b)  Such  written  material  shall  be  developed  or approved by the
    21  commissioner in consultation with the department of health and the Amer-
    22  ican college of obstetricians and gynecologists.
    23    § 9. Subdivision 4 of section 6909 of the education law, as  added  by
    24  chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
    25  of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
    26  of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
    27  paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
    28  as added by section 5 of part V of chapter 57 of the laws  of  2015  and
    29  paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
    30  read as follows:
    31    4.  A  certified  nurse practitioner may prescribe and order a non-pa-
    32  tient specific regimen [to a registered professional nurse], pursuant to
    33  regulations promulgated by the commissioner, consistent with subdivision
    34  three of section [six thousand nine]  sixty-nine  hundred  two  of  this
    35  article, and consistent with the public health law, for:
    36    (a) a registered professional nurse for:
    37    (i) administering immunizations[.];
    38    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    39    [(c)]  (iii)  administering purified protein derivative (PPD) tests or
    40  other tests to detect or screen for tuberculosis infections[.];
    41    [(d)] (iv) administering tests to determine the presence of the  human
    42  immunodeficiency virus[.];
    43    [(e)] (v) administering tests to determine the presence of the hepati-
    44  tis C virus[.];
    45    [(f)] (vi) emergency contraception, to be administered to or dispensed
    46  to  be  self-administered  by  the  patient,  under  section sixty-eight
    47  hundred thirty-two of this title;
    48    (vii) the urgent or emergency treatment of opioid related overdose  or
    49  suspected opioid related overdose[.]; or
    50    [(g)]  (viii)  screening  of  persons  at increased risk for syphilis,
    51  gonorrhea and chlamydia.
    52    (b) a licensed pharmacist, for dispensing emergency contraception,  to
    53  be  self-administered  by the patient, under section sixty-eight hundred
    54  thirty-two of this title.
    55    § 10. Subdivision 5 of section 6909 of the education law, as added  by
    56  chapter 573 of the laws of 1999, is amended to read as follows:
        A. 1378                             8
     1    5.  A registered professional nurse may execute a non-patient specific
     2  regimen prescribed or ordered by a licensed physician, licensed  midwife
     3  or  certified nurse practitioner, pursuant to regulations promulgated by
     4  the commissioner.
     5    §  11.  Section  6951  of the education law is amended by adding a new
     6  subdivision 4 to read as follows:
     7    4. A licensed midwife may prescribe and order a  non-patient  specific
     8  regimen   pursuant  to  regulations  promulgated  by  the  commissioner,
     9  consistent with this section and the public health law, to:
    10    (a) a registered professional nurse for emergency contraception, to be
    11  administered to or dispensed to be  self-administered  by  the  patient,
    12  under section sixty-eight hundred thirty-two of this title; or
    13    (b)  a licensed pharmacist, for dispensing emergency contraception, to
    14  be self-administered by the patient, under section  sixty-eight  hundred
    15  thirty-two of this title.
    16    § 12. Subdivision 1 of section 207 of the public health law is amended
    17  by adding a new paragraph (n) to read as follows:
    18    (n)  Emergency  contraception, including information about its safety,
    19  efficacy, appropriate use and availability.
    20    § 13. This act shall  take  effect  January  1,  2018;  provided  that
    21  section  six  of  this  act shall take effect January 1, 2019; provided,
    22  however, that effective  immediately,  the  addition,  amendment  and/or
    23  repeal  of  any  rule  or regulation necessary for the implementation of
    24  this act on its effective date are authorized and directed  to  be  made
    25  and  completed by the commissioner of education and the board of regents
    26  on or before such effective date.