Bill Text: NY S01410 | 2009-2010 | General Assembly | Amended


Bill Title: Provides for the dispensing of emergency contraception under certain circumstances and conditions.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced - Dead) 2010-02-03 - PRINT NUMBER 1410A [S01410 Detail]

Download: New_York-2009-S01410-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1410--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2009
                                      ___________
       Introduced  by Sens. SCHNEIDERMAN, WINNER, ADAMS, BRESLIN, DILAN, DUANE,
         HASSELL-THOMPSON,  KRUEGER,  KRUGER,  OPPENHEIMER,  PARKER,   SAMPSON,
         SERRANO,  THOMPSON -- read twice and ordered printed, and when printed
         to be committed to the Committee on Higher Education -- recommitted to
         the Committee on Higher Education in accordance with  Senate  Rule  6,
         sec.  8  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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    S 2. Legislative findings. The United States Food  and  Drug  Adminis-
    4  tration  (FDA) has declared emergency contraceptive pills to be safe and
    5  effective in preventing pregnancy when used within 72 hours after unpro-
    6  tected intercourse. The American College of Obstetricians and  Gynecolo-
    7  gists  and  the  American College of Nurse-Midwives state that emergency
    8  contraception (EC) is so safe, and using it  quickly  is  so  important,
    9  that  it  should  be available over the counter, without a prescription.
   10  They also emphasize the need for unimpeded access to EC for all women of
   11  reproductive age. However, although there  are  no  medical  reasons  to
   12  limit provision of EC, the FDA only approved non-prescription access for
   13  women 18 years and older. Additionally, the FDA imposed requirements for
   14  proving  the  patient's  identity  with government-issued identification
   15  documents. The need remains, however, to provide  access  to  women  who
   16  have  difficulty  obtaining the required identification documents and to
   17  women under the age of 17 years. Minors in New York State have long been
   18  legally entitled to full access, without parental consent, to all repro-
   19  ductive health care and services, including EC. Providing direct  access
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01800-03-0
       S. 1410--A                          2
    1  to  EC  for  younger  women will also make it more likely that they will
    2  receive appropriate  and  timely  professional  attention,  support  and
    3  assistance.
    4    The legislature deems it necessary to create a structure for simplify-
    5  ing  access  to  EC for these women, while respecting and preserving the
    6  prescribing scopes of practice of physicians, nurse  practitioners,  and
    7  midwives,  the treating and case-finding scope of practice of registered
    8  professional nurses, and the dispensing scope  of  practice  of  pharma-
    9  cists.  This act does not alter the scopes of such professions, nor does
   10  this legislation interfere with non-prescription access to EC  where  it
   11  is otherwise lawful.
   12    The  legislature  also  finds  that  this  legislation is necessary to
   13  ensure that women do not lose insurance coverage for EC  solely  because
   14  it has become available without a prescription. Losing coverage would be
   15  a  major  obstacle to access, which would undermine the important health
   16  objectives of the FDA and the legislature.
   17    S 3. Subdivision 6 of section 6527 of the education law, as  added  by
   18  chapter  573  of the laws of 1999, paragraph (c) as added by chapter 221
   19  of the laws of 2002 and paragraph (d) as added by  chapter  429  of  the
   20  laws of 2005, is amended to read as follows:
   21    6. A licensed physician may prescribe and order a non-patient specific
   22  regimen  [to  a  registered professional nurse], pursuant to regulations
   23  promulgated by the commissioner, and consistent with the  public  health
   24  law, [for] TO:
   25    (a) A REGISTERED PROFESSIONAL NURSE FOR:
   26    (I) administering immunizations[.];
   27    [(b)] (II) the emergency treatment of anaphylaxis[.];
   28    [(c)] (III) administering purified protein derivative (PPD) tests[.];
   29    [(d)]  (IV) administering tests to determine the presence of the human
   30  immunodeficiency virus[.];
   31    (V) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO  BE
   32  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT HUNDRED
   33  TWENTY-NINE OF THIS TITLE; OR
   34    (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
   35  BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
   36  TWENTY-NINE OF THIS TITLE.
   37    S 4. Subdivision 3 of section 6807 of the education law, as  added  by
   38  chapter  573  of the laws of 1999, is amended and a new subdivision 4 is
   39  added to read as follows:
   40    3. A pharmacist may dispense drugs and devices to a registered profes-
   41  sional nurse, and a registered professional nurse may possess and admin-
   42  ister, drugs and devices, pursuant to  a  non-patient  specific  regimen
   43  prescribed  or  ordered  by  a  licensed physician, LICENSED MIDWIFE, or
   44  certified nurse practitioner, pursuant to regulations promulgated by the
   45  commissioner and the public health law.
   46    4. A LICENSED PHARMACIST MAY DISPENSE A NON-PATIENT  SPECIFIC  REGIMEN
   47  OF  EMERGENCY  CONTRACEPTION,  TO  BE  SELF-ADMINISTERED BY THE PATIENT,
   48  PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN, CERTIFIED  NURSE  PRACTI-
   49  TIONER,   OR   LICENSED   MIDWIFE,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
   50  TWENTY-NINE OF THIS ARTICLE.
   51    S 5. The education law is amended by adding a new section 6829 to read
   52  as follows:
   53    S 6829. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION  OR
   54  ORDER.  1.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
   55  FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
       S. 1410--A                          3
    1    (A) "EMERGENCY  CONTRACEPTION"  MEANS  ONE  OR  MORE  PRESCRIPTION  OR
    2  NON-PRESCRIPTION  DRUGS,  USED SEPARATELY OR IN COMBINATION, IN A DOSAGE
    3  AND MANNER FOR PREVENTING PREGNANCY WHEN USED AFTER  INTERCOURSE,  FOUND
    4  SAFE  AND  EFFECTIVE  FOR  THAT  USE  BY THE UNITED STATES FOOD AND DRUG
    5  ADMINISTRATION, 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
   12  TWENTY-SEVEN, SIXTY-NINE HUNDRED NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF
   13  THIS  TITLE.  THIS SECTION DOES NOT APPLY TO ADMINISTERING OR DISPENSING
   14  EMERGENCY CONTRACEPTION WHEN LAWFULLY DONE WITHOUT SUCH  A  PRESCRIPTION
   15  OR 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    S  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 and  paragraph
   37  (c)  as  added  by  chapter 221 of the laws of 2002 and paragraph (d) as
   38  added by chapter 429 of the laws of 2005, is amended to read as follows:
   39    4. A certified nurse practitioner may prescribe and  order  a  non-pa-
   40  tient specific regimen [to a registered professional nurse], pursuant to
   41  regulations promulgated by the commissioner, consistent with subdivision
   42  three  of  section  six  thousand  nine hundred two of this article, and
   43  consistent with the public health law, [for] TO:
   44    (a) A REGISTERED PROFESSIONAL NURSE FOR:
   45    (I) administering immunizations[.];
   46    [(b)] (II) the emergency treatment of anaphylaxis[.];
   47    [(c)] (III) administering purified protein derivative (PPD) tests[.];
   48    [(d)] (IV) administering tests to determine the presence of the  human
   49  immunodeficiency virus[.];
   50    (V)  EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
   51  SELF-ADMINISTERED BY THE  PATIENT,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
   52  TWENTY-NINE OF THIS TITLE; OR
   53    (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
   54  BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
   55  TWENTY-NINE OF THIS TITLE.
       S. 1410--A                          4
    1    S  7.  Subdivision 5 of section 6909 of the education law, as added by
    2  chapter 573 of the laws of 1999, is amended to read as follows:
    3    5.  A registered professional nurse may execute a non-patient specific
    4  regimen prescribed or ordered by a licensed physician, LICENSED MIDWIFE,
    5  or certified nurse practitioner, pursuant to regulations promulgated  by
    6  the commissioner.
    7    S  8.  Section  6951  of  the education law is amended by adding a new
    8  subdivision 4 to read as follows:
    9    4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
   10  REGIMEN  PURSUANT  TO  REGULATIONS  OF THE COMMISSIONER, CONSISTENT WITH
   11  THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
   12    (A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
   13  ADMINISTERED TO OR DISPENSED TO BE  SELF-ADMINISTERED  BY  THE  PATIENT,
   14  UNDER SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE OF THIS TITLE; OR
   15    (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
   16  BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
   17  TWENTY-NINE OF THIS TITLE.
   18    S  9.  Section  3216  of  the insurance law is amended by adding a new
   19  subsection (m) to read as follows:
   20    (M) ANY POLICY UNDER  THIS  ARTICLE  THAT  COVERS  CONTRACEPTION  WHEN
   21  PROVIDED  PURSUANT TO A PRESCRIPTION SHALL COVER EMERGENCY CONTRACEPTION
   22  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
   23  HUNDRED  TWENTY-NINE  OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
   24  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  TWEN-
   25  TY-NINE  OF  THE  EDUCATION  LAW  AND  WHEN LAWFULLY PROVIDED OTHER THAN
   26  THROUGH A PRESCRIPTION OR ORDER.
   27    S 10. Section 3221 of the insurance law is amended  by  adding  a  new
   28  subsection (s) to read as follows:
   29    (S)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
   30  PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
   31  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
   32  HUNDRED  TWENTY-NINE  OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
   33  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  TWEN-
   34  TY-NINE  OF  THE  EDUCATION  LAW  AND  WHEN LAWFULLY PROVIDED OTHER THAN
   35  THROUGH A PRESCRIPTION OR ORDER.
   36    S 11. Section 4304 of the insurance law is amended  by  adding  a  new
   37  subsection (n) to read as follows:
   38    (N)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
   39  PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
   40  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
   41  HUNDRED  TWENTY-NINE  OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
   42  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  TWEN-
   43  TY-NINE  OF  THE  EDUCATION  LAW  AND  WHEN LAWFULLY PROVIDED OTHER THAN
   44  THROUGH A PRESCRIPTION OR ORDER.
   45    S 12. Subdivision 1 of section 207 of the public health law is amended
   46  by adding a new paragraph (g) to read as follows:
   47    (G) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT  ITS  SAFETY,
   48  EFFICACY, APPROPRIATE USE AND AVAILABILITY.
   49    S  13.  This  act  shall  take effect on the one hundred eightieth day
   50  after it shall have become a law; and sections nine, ten and  eleven  of
   51  this  act  shall  apply to policies and contracts issued, renewed, modi-
   52  fied, altered or amended on  or after such effective date.  The  commis-
   53  sioner  of  education  is authorized to promulgate any and all rules and
   54  regulations and take any other measures necessary to implement this  act
   55  on its effective date on or before such effective date.
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