Bill Text: NY A02732 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides for dispensing emergency contraception under certain conditions; defines emergency contraception.

Spectrum: Moderate Partisan Bill (Democrat 21-5)

Status: (Introduced) 2024-01-03 - referred to higher education [A02732 Detail]

Download: New_York-2023-A02732-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2732

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by  M.  of  A.  PAULIN,  GLICK,  L. ROSENTHAL,  FAHY, STECK,
          SEAWRIGHT, WEPRIN, EPSTEIN, JACKSON, GONZALEZ-ROJAS -- Multi-Sponsored
          by -- M. of A.  AUBRY, COOK, DINOWITZ, GUNTHER, HEVESI, LUPARDO, PRET-
          LOW, THIELE -- read once and  referred  to  the  Committee  on  Higher
          Education

        AN  ACT  to  amend  the  education law, the insurance law and the public
          health law, in relation to providing for dispensing emergency  contra-
          ception under certain conditions

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "unintended pregnancy prevention act".
     3    §  2.  Legislative  findings. The United States Food and Drug Adminis-
     4  tration (FDA) has declared emergency contraceptive drugs to be safe  and
     5  effective.  There  is  neither  medical  nor public health research that
     6  validates an age restriction on access to emergency contraception  (EC).
     7  Furthermore,  no specific medical conditions preclude a woman from using
     8  EC. The only contraindication to EC use is pregnancy itself, not because
     9  it represents a danger to the woman or to  the  embryo  but  because  it
    10  would  be inefficient in preventing the pregnancy. Pregnancy prevention,
    11  not abortion, is caused by the use of emergency contraceptive drugs.
    12    The legislature deems it necessary to guarantee immediate access to EC
    13  to all, especially young women. Nearly thirty percent of  United  States
    14  teenage girls become pregnant before reaching twenty years of age. Teens
    15  are  more  likely than adults to experience contraceptive failure, which
    16  may lead to unintended pregnancies and  consequently  dangerous  medical
    17  issues for both mother and baby.
    18    The legislature deems it necessary to create a structure for simplify-
    19  ing  access  to  EC for these women, while respecting and preserving the
    20  prescribing scope of practice for physicians, nurse  practitioners,  and
    21  midwives;  the treating and case-finding scope of practice of registered

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05231-01-3

        A. 2732                             2

     1  professional nurses; and the dispensing scope  of  practice  of  pharma-
     2  cists.  This  act does not alter the scope of such professions, nor does
     3  this legislation interfere with non-prescription access to EC  where  it
     4  is otherwise lawful.
     5    §  3.  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,  paragraph (g) as added by chapter 502 of the laws of 2016 and
    11  paragraph (h) as added by section 6 of part C of chapter 57 of the  laws
    12  of 2022, is amended to read as follows:
    13    6. A licensed physician may prescribe and order a non-patient specific
    14  regimen  [to  a  registered professional nurse], pursuant to regulations
    15  promulgated by the commissioner, and consistent with the  public  health
    16  law, [for] to:
    17    (a) a registered professional nurse for:
    18    (i) administering immunizations[.];
    19    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    20    [(c)]  (iii)  administering purified protein derivative (PPD) tests or
    21  other tests to detect or screen for tuberculosis infections[.];
    22    [(d)] (iv) administering tests to determine the presence of the  human
    23  immunodeficiency virus[.];
    24    [(e)] (v) administering tests to determine the presence of the hepati-
    25  tis C virus[.];
    26    [(f)]  (vi)  the urgent or emergency treatment of opioid related over-
    27  dose or suspected opioid related overdose[.];
    28    [(g)] (vii) screening of persons at increased risk of syphilis, gonor-
    29  rhea and chlamydia[.];
    30    [(h)] (viii) administering tests to determine the presence of COVID-19
    31  or its antibodies or influenza virus[.];
    32    (ix) emergency contraception, to be administered to or dispensed to be
    33  self-administered by the  patient,  under  section  sixty-eight  hundred
    34  thirty-three of this title; or
    35    (b)  A licensed pharmacist, for dispensing emergency contraception, to
    36  be self-administered by the patient, under section  sixty-eight  hundred
    37  thirty-three of this title.
    38    §  4.  Subdivision 3 of section 6807 of the education law, as added by
    39  chapter 573 of the laws of 1999, is amended and a new subdivision  4  is
    40  added to read as follows:
    41    3. A pharmacist may dispense drugs and devices to a registered profes-
    42  sional nurse, and a registered professional nurse may possess and admin-
    43  ister,  drugs  and  devices,  pursuant to a non-patient specific regimen
    44  prescribed or ordered by  a  licensed  physician,  licensed  midwife  or
    45  certified nurse practitioner, pursuant to regulations promulgated by the
    46  commissioner and the public health law.
    47    4.  A  licensed pharmacist may dispense a non-patient specific regimen
    48  of emergency contraception, to  be  self-administered  by  the  patient,
    49  prescribed  or  ordered by a licensed physician, certified nurse practi-
    50  tioner, or licensed midwife, under section sixty-eight  hundred  thirty-
    51  three of this article.
    52    § 5. The education law is amended by adding a new section 6833 to read
    53  as follows:
    54    §  6833. Emergency contraception; non-patient specific prescription or
    55  order. 1. As used in this section, the following terms  shall  have  the
    56  following meanings, unless the context requires otherwise:

        A. 2732                             3

     1    (a)  "Emergency  contraception" means one or more prescription or non-
     2  prescription drugs, used separately or in combination, in a  dosage  and
     3  manner  for preventing pregnancy when used after intercourse, found safe
     4  and effective for that use by the United States food and  drug  adminis-
     5  tration, and dispensed or administered for that purpose.
     6    (b)  "Prescriber"  means a licensed physician, certified nurse practi-
     7  tioner or licensed midwife.
     8    2. This section applies to the administering or dispensing of emergen-
     9  cy contraception by a registered professional nurse or licensed  pharma-
    10  cist  pursuant  to  a  prescription  or order for a non-patient specific
    11  regimen made by a prescriber under section  sixty-five  hundred  twenty-
    12  seven,  sixty-nine  hundred nine or sixty-nine hundred fifty-one of this
    13  title. This section does not apply to administering or dispensing  emer-
    14  gency  contraception  when  lawfully done without such a prescription or
    15  order.
    16    3. The administering or dispensing of  emergency  contraception  by  a
    17  registered  professional  nurse  or licensed pharmacist shall be done in
    18  accordance with professional standards of  practice  and  in  accordance
    19  with  written  procedures  and  protocols  agreed  to  by the registered
    20  professional nurse or licensed pharmacist and the prescriber or a hospi-
    21  tal (licensed under article twenty-eight of the public health law)  that
    22  provides gynecological or family planning services.
    23    4.  (a) When emergency contraception is administered or dispensed, the
    24  registered professional nurse or licensed pharmacist  shall  provide  to
    25  the  patient  written material that includes: (i) the clinical consider-
    26  ations and recommendations for use of the  drug;  (ii)  the  appropriate
    27  method  for  using  the  drug;  (iii)  information  on the importance of
    28  follow-up health care; (iv) information on the health  risks  and  other
    29  dangers  of unprotected intercourse; and (v) referral information relat-
    30  ing to health care and services relating to sexual  abuse  and  domestic
    31  violence.
    32    (b)  Such  written  material  shall  be  developed  or approved by the
    33  commissioner in consultation with the department of health and the Amer-
    34  ican college of obstetricians and gynecologists.
    35    § 6. Subdivision 4 of section 6909 of the education law, as  added  by
    36  chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
    37  of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
    38  of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
    39  paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
    40  as added by section 5 of part V of chapter 57 of the laws of 2015, para-
    41  graph (g) as added by chapter 502 of the laws of 2016 and paragraph  (h)
    42  as  added  by  section 7 of part C of chapter 57 of the laws of 2022, is
    43  amended to read as follows:
    44    4. A certified nurse practitioner may prescribe and  order  a  non-pa-
    45  tient specific regimen [to a registered professional nurse], pursuant to
    46  regulations promulgated by the commissioner, consistent with subdivision
    47  three  of  section  six  thousand  nine hundred two of this article, and
    48  consistent with the public health law, [for] to:
    49    (a) a registered professional nurse for:
    50    (i) administering immunizations[.];
    51    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    52    [(c)] (iii) administering purified protein derivative (PPD)  tests  or
    53  other tests to detect or screen for tuberculosis infections[.];
    54    [(d)]  (iv) administering tests to determine the presence of the human
    55  immunodeficiency virus[.];

        A. 2732                             4

     1    [(e)] (v) administering tests to determine the presence of the hepati-
     2  tis C virus[.];
     3    [(f)]  (vi)  the urgent or emergency treatment of opioid related over-
     4  dose or suspected opioid related overdose[.];
     5    [(g)] (vii) screening of  persons  at  increased  risk  for  syphilis,
     6  gonorrhea and chlamydia[.];
     7    [(h)] (viii) administering tests to determine the presence of COVID-19
     8  or its antibodies or influenza virus[.];
     9    (ix) emergency contraception, to be administered to or dispensed to be
    10  self-administered  by  the  patient,  under  section sixty-eight hundred
    11  thirty-three of this title; or
    12    (b) a licensed pharmacist, for dispensing emergency contraception,  to
    13  be  self-administered  by the patient, under section sixty-eight hundred
    14  thirty-three of this title.
    15    § 7. Subdivision 5 of section 6909 of the education law, as  added  by
    16  chapter 573 of the laws of 1999, is amended to read as follows:
    17    5.  A registered professional nurse may execute a non-patient specific
    18  regimen prescribed or ordered by a licensed physician, licensed  midwife
    19  or  certified nurse practitioner, pursuant to regulations promulgated by
    20  the commissioner.
    21    § 8. Section 6951 of the education law is  amended  by  adding  a  new
    22  subdivision 4 to read as follows:
    23    4.  A  licensed midwife may prescribe and order a non-patient specific
    24  regimen  pursuant  to  regulations  promulgated  by  the   commissioner,
    25  consistent with this section and the public health law, to:
    26    (a) a registered professional nurse for emergency contraception, to be
    27  administered  to  or  dispensed  to be self-administered by the patient,
    28  under section sixty-eight hundred thirty-three of this title; or
    29    (b) a licensed pharmacist, for dispensing emergency contraception,  to
    30  be  self-administered  by the patient, under section sixty-eight hundred
    31  thirty-three of this title.
    32    § 9. Section 3216 of the insurance law is  amended  by  adding  a  new
    33  subsection (n) to read as follows:
    34    (n)  Any  policy  under  this  article  that covers contraception when
    35  provided pursuant to a prescription shall cover emergency  contraception
    36  as  defined  in  paragraph (a) of subdivision one of section sixty-eight
    37  hundred thirty-three of the education law, when provided pursuant to  an
    38  ordinary  prescription  or order under section sixty-eight hundred thir-
    39  ty-three of the education law and  when  lawfully  provided  other  than
    40  through a prescription or order.
    41    §  10.  Section  3221  of the insurance law is amended by adding a new
    42  subsection (u) to read as follows:
    43    (u) Any policy under  this  article  that  covers  contraception  when
    44  provided pursuant to a prescription, shall cover emergency contraception
    45  as  defined  in  paragraph (a) of subdivision one of section sixty-eight
    46  hundred thirty-three of the education law, when provided pursuant to  an
    47  ordinary  prescription  or order under section sixty-eight hundred thir-
    48  ty-three of the education law and  when  lawfully  provided  other  than
    49  through a prescription or order.
    50    §  11.  Section  4304  of the insurance law is amended by adding a new
    51  subsection (n) to read as follows:
    52    (n) Any policy under  this  article  that  covers  contraception  when
    53  provided pursuant to a prescription, shall cover emergency contraception
    54  as  defined  in  paragraph (a) of subdivision one of section sixty-eight
    55  hundred thirty-three of the education law, when provided pursuant to  an
    56  ordinary  prescription  or order under section sixty-eight hundred thir-

        A. 2732                             5

     1  ty-three of the education law and  when  lawfully  provided  other  than
     2  through a prescription or order.
     3    § 12. Subdivision 1 of section 207 of the public health law is amended
     4  by adding a new paragraph (r) to read as follows:
     5    (r)  Emergency  contraception, including information about its safety,
     6  efficacy, appropriate use and availability.
     7    § 13. This act shall take effect on  the  one  hundred  eightieth  day
     8  after it shall have become a law; provided, however, that sections nine,
     9  ten and eleven of this act shall apply to policies and contracts issued,
    10  renewed,  modified,  altered or amended on or after such effective date;
    11  provided, further, that the amendments to paragraph (h) of subdivision 6
    12  of section 6527 of the education law, made by section three of this  act
    13  shall  not  affect  the  repeal  of  such  paragraph and shall be deemed
    14  repealed therewith; provided, further, that the amendments to  paragraph
    15  (h)  of  subdivision  4  of  section  6909 of the education law, made by
    16  section six of this act shall not affect the repeal  of  such  paragraph
    17  and shall be deemed repealed therewith. Effective immediately, the addi-
    18  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    19  the implementation of this act on its effective date are  authorized  to
    20  be made and completed on or before such effective date.
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