STATE OF NEW YORK
________________________________________________________________________
3793--A
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
___________
Introduced by Sens. KRUEGER, AVELLA, BAILEY, HOYLMAN, MONTGOMERY, PARK-
ER, SERRANO, STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted 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 § 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07629-03-8
S. 3793--A 2
1 midwives; the treating and case-finding scope of practice of registered
2 professional nurses; and the dispensing scope of practice of pharma-
3 cists. This act does not alter the scope of such professions, nor does
4 this legislation interfere with non-prescription access to EC where it
5 is otherwise lawful.
6 § 3. Subdivision 6 of section 6527 of the education law, as added by
7 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
8 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws
9 of 2005, paragraph (e) as added by chapter 352 of the laws of 2014,
10 paragraph (f) as added by section 6 of part V of chapter 57 of the laws
11 of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016,
12 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 (viii) emergency contraception, to be administered to or dispensed to
31 be self-administered by the patient, under section sixty-eight hundred
32 thirty-two 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-two 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 two of this article.
50 § 5. The education law is amended by adding a new section 6832 to read
51 as follows:
52 § 6832. 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 and
S. 3793--A 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 and
39 paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
40 read as follows:
41 4. A certified nurse practitioner may prescribe and order a non-pa-
42 tient specific regimen [to a registered professional nurse], pursuant to
43 regulations promulgated by the commissioner, consistent with subdivision
44 three of section six thousand nine hundred two of this article, and
45 consistent with the public health law, [for] to:
46 (a) a registered professional nurse for:
47 (i) administering immunizations[.];
48 [(b)](ii) the emergency treatment of anaphylaxis[.];
49 [(c)](iii) administering purified protein derivative (PPD) tests or
50 other tests to detect or screen for tuberculosis infections[.];
51 [(d)](iv) administering tests to determine the presence of the human
52 immunodeficiency virus[.];
53 [(e)](v) administering tests to determine the presence of the hepati-
54 tis C virus[.];
55 [(f)](vi) the urgent or emergency treatment of opioid related overdose
56 or suspected opioid related overdose[.];
S. 3793--A 4
1 [(g)](vii) screening of persons at increased risk for syphilis, gonor-
2 rhea and chlamydia[.];
3 (viii) emergency contraception, to be administered to or dispensed to
4 be self-administered by the patient, under section sixty-eight hundred
5 thirty-two of this title; or
6 (b) a licensed pharmacist, for dispensing emergency contraception, to
7 be self-administered by the patient, under section sixty-eight hundred
8 thirty-two of this title.
9 § 7. Subdivision 5 of section 6909 of the education law, as added by
10 chapter 573 of the laws of 1999, is amended to read as follows:
11 5. A registered professional nurse may execute a non-patient specific
12 regimen prescribed or ordered by a licensed physician, licensed midwife
13 or certified nurse practitioner, pursuant to regulations promulgated by
14 the commissioner.
15 § 8. Section 6951 of the education law is amended by adding a new
16 subdivision 4 to read as follows:
17 4. A licensed midwife may prescribe and order a non-patient specific
18 regimen pursuant to regulations promulgated by the commissioner,
19 consistent with this section and the public health law, to:
20 (a) a registered professional nurse for emergency contraception, to be
21 administered to or dispensed to be self-administered by the patient,
22 under section sixty-eight hundred thirty-two of this title; or
23 (b) a licensed pharmacist, for dispensing emergency contraception, to
24 be self-administered by the patient, under section sixty-eight hundred
25 thirty-two of this title.
26 § 9. Section 3216 of the insurance law is amended by adding a new
27 subsection (n) to read as follows:
28 (n) Any policy under this article that covers contraception when
29 provided pursuant to a prescription shall cover emergency contraception
30 as defined in paragraph (a) of subdivision one of section sixty-eight
31 hundred thirty-two of the education law, when provided pursuant to an
32 ordinary prescription or order under section sixty-eight hundred thir-
33 ty-two of the education law and when lawfully provided other than
34 through a prescription or order.
35 § 10. Section 3221 of the insurance law is amended by adding a new
36 subsection (t) to read as follows:
37 (t) Any policy under this article that covers contraception when
38 provided pursuant to a prescription, shall cover emergency contraception
39 as defined in paragraph (a) of subdivision one of section sixty-eight
40 hundred thirty-two of the education law, when provided pursuant to an
41 ordinary prescription or order under section sixty-eight hundred thir-
42 ty-two of the education law and when lawfully provided other than
43 through a prescription or order.
44 § 11. Section 4304 of the insurance law is amended by adding a new
45 subsection (n) to read as follows:
46 (n) Any policy under this article that covers contraception when
47 provided pursuant to a prescription, shall cover emergency contraception
48 as defined in paragraph (a) of subdivision one of section sixty-eight
49 hundred thirty-two of the education law, when provided pursuant to an
50 ordinary prescription or order under section sixty-eight hundred thir-
51 ty-two of the education law and when lawfully provided other than
52 through a prescription or order.
53 § 12. Subdivision 1 of section 207 of the public health law is amended
54 by adding a new paragraph (o) to read as follows:
55 (o) Emergency contraception, including information about its safety,
56 efficacy, appropriate use and availability.
S. 3793--A 5
1 § 13. This act shall take effect on the one hundred eightieth day
2 after it shall have become a law; provided, however, that sections nine,
3 ten and eleven of this act shall apply to policies and contracts issued,
4 renewed, modified, altered or amended on or after such effective date.
5 The commissioner of education is authorized to promulgate any and all
6 rules and regulations and take any other measures necessary to implement
7 this act on its effective date on or before such effective date.