STATE OF NEW YORK ________________________________________________________________________ 6802 2019-2020 Regular Sessions IN ASSEMBLY March 20, 2019 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to parental involvement in the distribution of emergency contraception in the public schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that parents of minor children should be involved in their 3 child's healthcare, especially when such healthcare involves sensitive 4 matters that may impact their child's physical and emotional wellbeing 5 for the remainder of their life. Healthcare services of this nature 6 include the distribution of emergency contraception. 7 The courts of this state have long recognized the freedom of parents 8 to direct and control the education and upbringing of their children. 9 Pierce v. Society of Sisters, 268 U.S. 510 (1925). New York courts have 10 determined this right to be "fundamental," and have stated that public 11 schools are "prohibited from dispensing condoms to unemancipated, minor 12 students without the prior consent of their parents or guardians, or 13 without an opt-out provision..." Alfonso v. Fernandez, 195 A.D. 2d 46, 14 60. 15 The courts have determined that prior consent (an "opt-in" provision) 16 is appropriate under the constitution of this state, and the legislature 17 agrees, finding such a requirement best preserves the interests of 18 parental involvement, provides for fully informed consent, and continues 19 to allow for access to healthcare services by children in public 20 schools. 21 Further, the legislature finds that any consent made by parents on 22 behalf of their minor child or any consent a child over the age of eigh- 23 teen provides must be fully and adequately informed. Therefore, the 24 legislature affirms that all information about the risks, side-effects EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10781-01-9A. 6802 2 1 and potential contraindications of the use of emergency contraception 2 must be provided with any "opt-in" provision. 3 § 2. The education law is amended by adding a new section 912-c to 4 read as follows: 5 § 912-c. Consent to the prescription and distribution of emergency 6 contraception. 1. Notwithstanding any contrary provision of law, the 7 consent of a parent or guardian must be obtained for the prescription 8 and distribution of emergency contraception, as defined in paragraph (a) 9 of subdivision one of section two thousand eight hundred five-p of the 10 public health law, by the director of school health services of each 11 school district in this state that is required to provide school health 12 services, or the health department or agency otherwise responsible to 13 provide such services, or the health care administrator of any public 14 school in this state. 15 2. The director of school health services of each school district in 16 this state that is required to provide school health services, or the 17 health department or agency otherwise responsible to provide such 18 services, or the health care administrator of any public school in this 19 state shall mail a letter, in English and Spanish, to the parent or 20 guardian of any child yet to reach the age of eighteen on the first day 21 the school year commences in the year following the effective date of 22 this section. Such letter must contain the following provisions: 23 a. A title in bold lettering, at the top of the letter following the 24 letterhead but before the salutation, of the same size as the text of 25 the letter, which states "Consent for the Receipt of Emergency Contra- 26 ception." 27 b. A brief explanation in the text of the letter that informs the 28 recipient of the letter that he or she has the right under New York 29 state law to withhold or provide consent for the distribution of emer- 30 gency contraception to his or her minor child by the public schools. 31 c. A full listing of all indications and usage, contraindications, 32 adverse reactions and warnings and precautions of any form of emergency 33 contraception that the health care provider at the public school may 34 dispense or prescribe over the course of the year as such indications 35 and usage, contraindications, adverse reactions and warnings and precau- 36 tions appear in the United States food and drug administration drug 37 approval database. If the indications and usage, contraindications, 38 adverse reactions and warnings and precautions of a particular form of 39 emergency contraception are not included in such letter, they may not be 40 dispensed or prescribed by the school health care provider. 41 d. A portion of the letter, to be placed at the end of the letter 42 following all of the above described provisions, allowing the parent or 43 guardian of the minor child to provide affirmative consent for the 44 receipt of emergency contraception, must be returned to the school 45 health professional or office of school health, or any school official 46 who shall forward such form to the school health professional or office 47 of school health. This portion of the letter shall read as follows: 48 "I am the parent/guardian of . I have read the above 49 letter and information concerning the provision of emergency contra- 50 ception to my child and the risks associated with providing my child 51 with emergency contraception. I understand these risks and wish for 52 my child to be provided with such services and medications should my 53 child request them, without further approval required of me. 54 Date: Signature of Parent/Guardian: ." 55 3. Any consent derived from the letter described in this section shall 56 be valid only until the day prior to the first day of the subsequentA. 6802 3 1 school year following the year in which the letter was sent to a child's 2 parent or guardian. 3 4. Full written and oral informed consent must be specifically and 4 personally provided by the licensed health care professional prescribing 5 the emergency contraception in the public school. This informed consent 6 must include the indications and usage, contraindications, adverse 7 reactions and warnings and precautions as they appear in the United 8 States food and drug administration drug approval database. Any licensed 9 health care professional who prescribes emergency contraception after 10 receiving consent that does not include the indications and usage, 11 contraindications, adverse reactions and warnings and precautions as 12 they appear in the United States food and drug administration drug 13 approval database shall be deemed to have willfully violated this 14 section. 15 5. No form of emergency contraception may be dispensed to any minor 16 child by any public school health professional or office of school 17 health until such office or professional has received affirmative 18 consent for such services as prescribed in subdivision one of this 19 section, and only after a specific review of the child's medical condi- 20 tion and history by the licensed health care provider providing such 21 service. A record of this specific review and medical condition of the 22 child must be created by the licensed health care professional contempo- 23 raneously with distribution of emergency contraception to the child. Any 24 licensed health care professional that fails to create such record shall 25 be deemed to have willfully violated this section. 26 6. All licensed health care professionals shall record, as required in 27 subdivision five of this section and pursuant to section four hundred 28 thirteen of the social services law, any and all evidence indicative of 29 abuse or maltreatment as defined in section four hundred twelve of the 30 social services law. Any violation of this subdivision shall be deemed a 31 willful violation of section four hundred twenty of the social services 32 law. 33 7. The director of school health services of each school district in 34 this state that is required to provide school health services, or the 35 health department or agency otherwise responsible to provide such 36 services, or the health care administrator of any public school in this 37 state, shall maintain the records described in subdivision five of this 38 section, in whatever medium they were created, for a minimum of four 39 years following the child's last day of attendance at the school. 40 8. No licensed health care professional covered by this section shall 41 prescribe any form of emergency contraception for use by a child other 42 than the use that is described and approved by the United States food 43 and drug administration. Any licensed health care professional found to 44 have prescribed emergency contraception to a child for use other than 45 that as described and approved by the United States food and drug admin- 46 istration shall be deemed to have willfully violated this section. 47 § 3. Section 6509 of the education law is amended by adding a new 48 subdivision 15 to read as follows: 49 (15) A willful violation by a licensee of section nine hundred 50 twelve-c of this chapter. 51 § 4. Section 6530 of the education law is amended by adding a new 52 subdivision 50 to read as follows: 53 50. A willful violation by a licensee of section nine hundred twelve-c 54 of this chapter. 55 § 5. This act shall take effect immediately.