Bill Text: NY A08881 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes pharmacists to administer injections for contraceptive use.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-26 - referred to higher education [A08881 Detail]

Download: New_York-2023-A08881-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8881

                   IN ASSEMBLY

                                    January 26, 2024
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Higher Education

        AN ACT to amend the education law and the public health law, in relation
          to  authorizing pharmacists to administer injections for contraceptive
          use

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

     1    Section  1.  Subdivision  11  of section 6527 of the education law, as
     2  added by chapter 128 of the laws of 2023, is amended to read as follows:
     3    11. A licensed physician may prescribe and order a non-patient specif-
     4  ic order to a pharmacist licensed and located in the state, pursuant  to
     5  regulations promulgated by the commissioner, and consistent with section
     6  sixty-eight  hundred one of this title, for dispensing self-administered
     7  hormonal contraceptives or administering a United States Food  and  Drug
     8  Administration    approved   reversible   progestin-only   contraceptive
     9  injection as defined in section sixty-eight hundred two of this title.
    10    § 2.  Subdivision 9 of section 6801 of the education law, as added  by
    11  chapter 128 of the laws of 2023, is amended to read as follows:
    12    9.  a.  A licensed pharmacist may execute a non-patient specific order
    13  for the  dispensing  of  self-administered  hormonal  contraceptives  or
    14  administer  a  United  States  Food  and  Drug Administration reversible
    15  progestin-only contraceptive injection  prescribed  or  ordered  by  the
    16  commissioner  of  health,  a physician licensed in this state or a nurse
    17  practitioner certified in this state pursuant to rules  and  regulations
    18  promulgated by the commissioner.
    19    b.  Prior  to  dispensing self-administered hormonal contraceptives or
    20  administering a United States  Food  and Drug Administration  reversible
    21  progestin-only contraceptive injection to a patient, and at a minimum of
    22  every twelve months for each returning patient, the pharmacist shall:
    23    (i)  provide  the  patient with a self-screening risk assessment ques-
    24  tionnaire, developed by the commissioner of health in consultation  with
    25  the commissioner, to be reviewed by the pharmacist to identify any known
    26  risk  factors and assist the patient's selection of an appropriate self-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10028-07-4
        A. 8881                             2

     1  administered hormonal contraceptive  or  United  States  Food  and  Drug
     2  Administration reversible progestin-only contraceptive injection; and
     3    (ii)  provide  the patient with a fact sheet, developed by the commis-
     4  sioner of health, that includes but is  not  limited  to,  the  clinical
     5  considerations  and  recommendations  for  use  of the self-administered
     6  hormonal contraceptive or administration of a United  States  Food   and
     7  Drug  Administration  reversible progestin-only contraceptive injection,
     8  the appropriate method for using such hormonal  contraceptive,  informa-
     9  tion  on  the  importance of follow-up health care, health care referral
    10  information, and the ability of the patient to opt out  of  practitioner
    11  reporting requirements.
    12    c.  No pharmacist shall dispense self-administered hormonal contracep-
    13  tives or administer a United States    Food    and  Drug  Administration
    14  reversible progestin-only contraceptive injection under this subdivision
    15  without receiving training satisfactory to the commissioner.
    16    d. A pharmacist shall notify the patient's primary health care practi-
    17  tioner,  unless the patient opts out of such notification, within seven-
    18  ty-two hours of dispensing a self-administered hormonal contraceptive or
    19  administration of a United States Food  and Drug Administration  revers-
    20  ible progestin-only contraceptive injection, that such self-administered
    21  hormonal  contraceptive or United  States  Food  and Drug Administration
    22  reversible progestin-only contraceptive injection has been dispensed  or
    23  administered.   If the patient does not have a primary health care prac-
    24  titioner, or is unable to provide contact information for their  primary
    25  health  care practitioner, the pharmacist shall provide the patient with
    26  a written record of the contraceptives dispensed, and advise the patient
    27  to consult an appropriate health care practitioner.
    28    e. Nothing in this subdivision shall prevent a pharmacist from  refus-
    29  ing  to  dispense  a  non-patient  specific  order  of self-administered
    30  hormonal contraceptive or administration of a  United  States  Food  and
    31  Drug  Administration  reversible  progestin-only contraceptive injection
    32  pursuant to this subdivision if, in their professional judgment,  poten-
    33  tial  adverse  effects,  interactions or other therapeutic complications
    34  could endanger the health of the patient.
    35    § 3. Section 6802 of the education law is  amended  by  adding  a  new
    36  subdivision 30 to read as follows:
    37    30.  "United  States Food   and Drug Administration reversible proges-
    38  tin-only contraceptive injection" for the  purposes  of  section  sixty-
    39  eight  hundred  one  of  this  article,  means a pharmacist administered
    40  reversible progestin-only contraceptive injection approved by the United
    41  States  Food   and Drug Administration to  prevent  pregnancy  by  using
    42  hormones to regulate or prevent ovulation.
    43    §  4. Subdivision 11 of section 6909 of the education law, as added by
    44  chapter 128 of the laws of 2023, is amended to read as follows:
    45    11. A certified nurse practitioner may prescribe and order  a  non-pa-
    46  tient  specific order to a pharmacist licensed and located in the state,
    47  pursuant to regulations promulgated by the commissioner, and  consistent
    48  with section sixty-eight hundred one of this title, for dispensing self-
    49  administered  hormonal  contraceptives  or  administration  of  a United
    50  States Food and Drug Administration approved  reversible  progestin-only
    51  contraceptive injection as defined in section sixty-eight hundred two of
    52  this title.
    53    § 5. The public health law is amended by adding a new section 267-b to
    54  read as follows:
    55    §  267-b. Pharmacist administered reversible progestin-only contracep-
    56  tive injections. The commissioner is authorized to establish  a  non-pa-
        A. 8881                             3

     1  tient specific order, consistent with section sixty-eight hundred one of
     2  the  education  law, for dispensing and for the administration of United
     3  States Food  and Drug Administration reversible  progestin-only  contra-
     4  ceptive  injection as defined in section sixty-eight hundred two of such
     5  chapter.
     6    § 6. This act shall take effect one year after it shall have become  a
     7  law;  provided  however,  that the amendments to sections 6527, 6801 and
     8  6909 of the education law made by sections one, two and four of this act
     9  shall take effect on the same date and in the same manner as chapter 128
    10  of the laws of 2023, takes effect.
    11    Effective immediately, the addition, amendment and/or  repeal  of  any
    12  rule  or  regulation necessary for the implementation of this act on its
    13  effective date are authorized to be made and completed on or before such
    14  effective date.