Bill Text: NY S01855 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for dispensing emergency contraception under certain conditions; defines emergency contraception.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S01855 Detail]
Download: New_York-2023-S01855-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1855 2023-2024 Regular Sessions IN SENATE January 17, 2023 ___________ Introduced by Sens. HINCHEY, CLEARE, SEPULVEDA -- read twice and ordered printed, and when printed to be committed 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 22 professional nurses; and the dispensing scope of practice of pharma- 23 cists. This act does not alter the scope of such professions, nor does EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05231-01-3S. 1855 2 1 this legislation interfere with non-prescription access to EC where it 2 is otherwise lawful. 3 § 3. Subdivision 6 of section 6527 of the education law, as added by 4 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464 5 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws 6 of 2005, paragraph (e) as added by chapter 352 of the laws of 2014, 7 paragraph (f) as added by section 6 of part V of chapter 57 of the laws 8 of 2015, paragraph (g) as added by chapter 502 of the laws of 2016 and 9 paragraph (h) as added by section 6 of part C of chapter 57 of the laws 10 of 2022, is amended to read as follows: 11 6. A licensed physician may prescribe and order a non-patient specific 12 regimen [to a registered professional nurse], pursuant to regulations 13 promulgated by the commissioner, and consistent with the public health 14 law, [for] to: 15 (a) a registered professional nurse for: 16 (i) administering immunizations[.]; 17 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 18 [(c)] (iii) administering purified protein derivative (PPD) tests or 19 other tests to detect or screen for tuberculosis infections[.]; 20 [(d)] (iv) administering tests to determine the presence of the human 21 immunodeficiency virus[.]; 22 [(e)] (v) administering tests to determine the presence of the hepati- 23 tis C virus[.]; 24 [(f)] (vi) the urgent or emergency treatment of opioid related over- 25 dose or suspected opioid related overdose[.]; 26 [(g)] (vii) screening of persons at increased risk of syphilis, gonor- 27 rhea and chlamydia[.]; 28 [(h)] (viii) administering tests to determine the presence of COVID-19 29 or its antibodies or influenza virus[.]; 30 (ix) emergency contraception, to be administered to or dispensed to be 31 self-administered by the patient, under section sixty-eight hundred 32 thirty-three of this title; or 33 (b) A licensed pharmacist, for dispensing emergency contraception, to 34 be self-administered by the patient, under section sixty-eight hundred 35 thirty-three of this title. 36 § 4. Subdivision 3 of section 6807 of the education law, as added by 37 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is 38 added to read as follows: 39 3. A pharmacist may dispense drugs and devices to a registered profes- 40 sional nurse, and a registered professional nurse may possess and admin- 41 ister, drugs and devices, pursuant to a non-patient specific regimen 42 prescribed or ordered by a licensed physician, licensed midwife or 43 certified nurse practitioner, pursuant to regulations promulgated by the 44 commissioner and the public health law. 45 4. A licensed pharmacist may dispense a non-patient specific regimen 46 of emergency contraception, to be self-administered by the patient, 47 prescribed or ordered by a licensed physician, certified nurse practi- 48 tioner, or licensed midwife, under section sixty-eight hundred thirty- 49 three of this article. 50 § 5. The education law is amended by adding a new section 6833 to read 51 as follows: 52 § 6833. Emergency contraception; non-patient specific prescription or 53 order. 1. As used in this section, the following terms shall have the 54 following meanings, unless the context requires otherwise: 55 (a) "Emergency contraception" means one or more prescription or non- 56 prescription drugs, used separately or in combination, in a dosage andS. 1855 3 1 manner for preventing pregnancy when used after intercourse, found safe 2 and effective for that use by the United States food and drug adminis- 3 tration, and dispensed or administered for that purpose. 4 (b) "Prescriber" means a licensed physician, certified nurse practi- 5 tioner or licensed midwife. 6 2. This section applies to the administering or dispensing of emergen- 7 cy contraception by a registered professional nurse or licensed pharma- 8 cist pursuant to a prescription or order for a non-patient specific 9 regimen made by a prescriber under section sixty-five hundred twenty- 10 seven, sixty-nine hundred nine or sixty-nine hundred fifty-one of this 11 title. This section does not apply to administering or dispensing emer- 12 gency contraception when lawfully done without such a prescription or 13 order. 14 3. The administering or dispensing of emergency contraception by a 15 registered professional nurse or licensed pharmacist shall be done in 16 accordance with professional standards of practice and in accordance 17 with written procedures and protocols agreed to by the registered 18 professional nurse or licensed pharmacist and the prescriber or a hospi- 19 tal (licensed under article twenty-eight of the public health law) that 20 provides gynecological or family planning services. 21 4. (a) When emergency contraception is administered or dispensed, the 22 registered professional nurse or licensed pharmacist shall provide to 23 the patient written material that includes: (i) the clinical consider- 24 ations and recommendations for use of the drug; (ii) the appropriate 25 method for using the drug; (iii) information on the importance of 26 follow-up health care; (iv) information on the health risks and other 27 dangers of unprotected intercourse; and (v) referral information relat- 28 ing to health care and services relating to sexual abuse and domestic 29 violence. 30 (b) Such written material shall be developed or approved by the 31 commissioner in consultation with the department of health and the Amer- 32 ican college of obstetricians and gynecologists. 33 § 6. Subdivision 4 of section 6909 of the education law, as added by 34 chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221 35 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws 36 of 2015, paragraph (d) as added by chapter 429 of the laws of 2005, 37 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f) 38 as added by section 5 of part V of chapter 57 of the laws of 2015, para- 39 graph (g) as added by chapter 502 of the laws of 2016 and paragraph (h) 40 as added by section 7 of part C of chapter 57 of the laws of 2022, is 41 amended to read as follows: 42 4. A certified nurse practitioner may prescribe and order a non-pa- 43 tient specific regimen [to a registered professional nurse], pursuant to 44 regulations promulgated by the commissioner, consistent with subdivision 45 three of section six thousand nine hundred two of this article, and 46 consistent with the public health law, [for] to: 47 (a) a registered professional nurse for: 48 (i) administering immunizations[.]; 49 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 50 [(c)] (iii) administering purified protein derivative (PPD) tests or 51 other tests to detect or screen for tuberculosis infections[.]; 52 [(d)] (iv) administering tests to determine the presence of the human 53 immunodeficiency virus[.]; 54 [(e)] (v) administering tests to determine the presence of the hepati- 55 tis C virus[.];S. 1855 4 1 [(f)] (vi) the urgent or emergency treatment of opioid related over- 2 dose or suspected opioid related overdose[.]; 3 [(g)] (vii) screening of persons at increased risk for syphilis, 4 gonorrhea and chlamydia[.]; 5 [(h)] (viii) administering tests to determine the presence of COVID-19 6 or its antibodies or influenza virus[.]; 7 (ix) emergency contraception, to be administered to or dispensed to be 8 self-administered by the patient, under section sixty-eight hundred 9 thirty-three of this title; or 10 (b) a licensed pharmacist, for dispensing emergency contraception, to 11 be self-administered by the patient, under section sixty-eight hundred 12 thirty-three of this title. 13 § 7. Subdivision 5 of section 6909 of the education law, as added by 14 chapter 573 of the laws of 1999, is amended to read as follows: 15 5. A registered professional nurse may execute a non-patient specific 16 regimen prescribed or ordered by a licensed physician, licensed midwife 17 or certified nurse practitioner, pursuant to regulations promulgated by 18 the commissioner. 19 § 8. Section 6951 of the education law is amended by adding a new 20 subdivision 4 to read as follows: 21 4. A licensed midwife may prescribe and order a non-patient specific 22 regimen pursuant to regulations promulgated by the commissioner, 23 consistent with this section and the public health law, to: 24 (a) a registered professional nurse for emergency contraception, to be 25 administered to or dispensed to be self-administered by the patient, 26 under section sixty-eight hundred thirty-three of this title; or 27 (b) a licensed pharmacist, for dispensing emergency contraception, to 28 be self-administered by the patient, under section sixty-eight hundred 29 thirty-three of this title. 30 § 9. Section 3216 of the insurance law is amended by adding a new 31 subsection (n) to read as follows: 32 (n) Any policy under this article that covers contraception when 33 provided pursuant to a prescription shall cover emergency contraception 34 as defined in paragraph (a) of subdivision one of section sixty-eight 35 hundred thirty-three of the education law, when provided pursuant to an 36 ordinary prescription or order under section sixty-eight hundred thir- 37 ty-three of the education law and when lawfully provided other than 38 through a prescription or order. 39 § 10. Section 3221 of the insurance law is amended by adding a new 40 subsection (u) to read as follows: 41 (u) Any policy under this article that covers contraception when 42 provided pursuant to a prescription, shall cover emergency contraception 43 as defined in paragraph (a) of subdivision one of section sixty-eight 44 hundred thirty-three of the education law, when provided pursuant to an 45 ordinary prescription or order under section sixty-eight hundred thir- 46 ty-three of the education law and when lawfully provided other than 47 through a prescription or order. 48 § 11. Section 4304 of the insurance law is amended by adding a new 49 subsection (n) to read as follows: 50 (n) Any policy under this article that covers contraception when 51 provided pursuant to a prescription, shall cover emergency contraception 52 as defined in paragraph (a) of subdivision one of section sixty-eight 53 hundred thirty-three of the education law, when provided pursuant to an 54 ordinary prescription or order under section sixty-eight hundred thir- 55 ty-three of the education law and when lawfully provided other than 56 through a prescription or order.S. 1855 5 1 § 12. Subdivision 1 of section 207 of the public health law is amended 2 by adding a new paragraph (r) to read as follows: 3 (r) Emergency contraception, including information about its safety, 4 efficacy, appropriate use and availability. 5 § 13. This act shall take effect on the one hundred eightieth day 6 after it shall have become a law; provided, however, that sections nine, 7 ten and eleven of this act shall apply to policies and contracts issued, 8 renewed, modified, altered or amended on or after such effective date; 9 provided, further, that the amendments to paragraph (h) of subdivision 6 10 of section 6527 of the education law, made by section three of this act 11 shall not affect the repeal of such paragraph and shall be deemed 12 repealed therewith; provided, further, that the amendments to paragraph 13 (h) of subdivision 4 of section 6909 of the education law, made by 14 section six of this act shall not affect the repeal of such paragraph 15 and shall be deemed repealed therewith. Effective immediately, the addi- 16 tion, amendment and/or repeal of any rule or regulation necessary for 17 the implementation of this act on its effective date are authorized to 18 be made and completed on or before such effective date.
