Bill Text: NY S07860 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for dispensing emergency contraception under certain conditions; defines emergency contraception.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-12 - REFERRED TO HIGHER EDUCATION [S07860 Detail]
Download: New_York-2021-S07860-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7860 IN SENATE January 12, 2022 ___________ Introduced by Sen. HINCHEY -- 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 24 this legislation interfere with non-prescription access to EC where it 25 is otherwise lawful. 26 § 3. Subdivision 6 of section 6527 of the education law, as added by 27 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464 28 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws 29 of 2005, paragraph (e) as added by chapter 352 of the laws of 2014, 30 paragraph (f) as added by section 6 of part V of chapter 57 of the laws EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01965-03-2S. 7860 2 1 of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016, 2 is amended to read as follows: 3 6. A licensed physician may prescribe and order a non-patient specific 4 regimen [to a registered professional nurse], pursuant to regulations 5 promulgated by the commissioner, and consistent with the public health 6 law, [for] to: 7 (a) a registered professional nurse for: 8 (i) administering immunizations[.]; 9 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 10 [(c)] (iii) administering purified protein derivative (PPD) tests or 11 other tests to detect or screen for tuberculosis infections[.]; 12 [(d)] (iv) administering tests to determine the presence of the human 13 immunodeficiency virus[.]; 14 [(e)] (v) administering tests to determine the presence of the hepati- 15 tis C virus[.]; 16 [(f)] (vi) the urgent or emergency treatment of opioid related over- 17 dose or suspected opioid related overdose[.]; 18 [(g)] (vii) screening of persons at increased risk of syphilis, gonor- 19 rhea and chlamydia[.]; 20 (viii) emergency contraception, to be administered to or dispensed to 21 be self-administered by the patient, under section sixty-eight hundred 22 thirty-three 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-three of this title. 26 § 4. Subdivision 3 of section 6807 of the education law, as added by 27 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is 28 added to read as follows: 29 3. A pharmacist may dispense drugs and devices to a registered profes- 30 sional nurse, and a registered professional nurse may possess and admin- 31 ister, drugs and devices, pursuant to a non-patient specific regimen 32 prescribed or ordered by a licensed physician, licensed midwife or 33 certified nurse practitioner, pursuant to regulations promulgated by the 34 commissioner and the public health law. 35 4. A licensed pharmacist may dispense a non-patient specific regimen 36 of emergency contraception, to be self-administered by the patient, 37 prescribed or ordered by a licensed physician, certified nurse practi- 38 tioner, or licensed midwife, under section sixty-eight hundred thirty- 39 three of this article. 40 § 5. The education law is amended by adding a new section 6833 to read 41 as follows: 42 § 6833. Emergency contraception; non-patient specific prescription or 43 order. 1. As used in this section, the following terms shall have the 44 following meanings, unless the context requires otherwise: 45 (a) "Emergency contraception" means one or more prescription or non- 46 prescription drugs, used separately or in combination, in a dosage and 47 manner for preventing pregnancy when used after intercourse, found safe 48 and effective for that use by the United States food and drug adminis- 49 tration, and dispensed or administered for that purpose. 50 (b) "Prescriber" means a licensed physician, certified nurse practi- 51 tioner or licensed midwife. 52 2. This section applies to the administering or dispensing of emergen- 53 cy contraception by a registered professional nurse or licensed pharma- 54 cist pursuant to a prescription or order for a non-patient specific 55 regimen made by a prescriber under section sixty-five hundred twenty- 56 seven, sixty-nine hundred nine or sixty-nine hundred fifty-one of thisS. 7860 3 1 title. This section does not apply to administering or dispensing emer- 2 gency contraception when lawfully done without such a prescription or 3 order. 4 3. The administering or dispensing of emergency contraception by a 5 registered professional nurse or licensed pharmacist shall be done in 6 accordance with professional standards of practice and in accordance 7 with written procedures and protocols agreed to by the registered 8 professional nurse or licensed pharmacist and the prescriber or a hospi- 9 tal (licensed under article twenty-eight of the public health law) that 10 provides gynecological or family planning services. 11 4. (a) When emergency contraception is administered or dispensed, the 12 registered professional nurse or licensed pharmacist shall provide to 13 the patient written material that includes: (i) the clinical consider- 14 ations and recommendations for use of the drug; (ii) the appropriate 15 method for using the drug; (iii) information on the importance of 16 follow-up health care; (iv) information on the health risks and other 17 dangers of unprotected intercourse; and (v) referral information relat- 18 ing to health care and services relating to sexual abuse and domestic 19 violence. 20 (b) Such written material shall be developed or approved by the 21 commissioner in consultation with the department of health and the Amer- 22 ican college of obstetricians and gynecologists. 23 § 6. Subdivision 4 of section 6909 of the education law, as added by 24 chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221 25 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws 26 of 2015, paragraph (d) as added by chapter 429 of the laws of 2005, 27 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f) 28 as added by section 5 of part V of chapter 57 of the laws of 2015 and 29 paragraph (g) as added by chapter 502 of the laws of 2016, is amended to 30 read as follows: 31 4. A certified nurse practitioner may prescribe and order a non-pa- 32 tient specific regimen [to a registered professional nurse], pursuant to 33 regulations promulgated by the commissioner, consistent with subdivision 34 three of section six thousand nine hundred two of this article, and 35 consistent with the public health law, [for] to: 36 (a) a registered professional nurse for: 37 (i) administering immunizations[.]; 38 [(b)](ii) the emergency treatment of anaphylaxis[.]; 39 [(c)](iii) administering purified protein derivative (PPD) tests or 40 other tests to detect or screen for tuberculosis infections[.]; 41 [(d)](iv) administering tests to determine the presence of the human 42 immunodeficiency virus[.]; 43 [(e)](v) administering tests to determine the presence of the hepati- 44 tis C virus[.]; 45 [(f)](vi) the urgent or emergency treatment of opioid related overdose 46 or suspected opioid related overdose[.]; 47 [(g)](vii) screening of persons at increased risk for syphilis, gonor- 48 rhea and chlamydia[.]; 49 (viii) emergency contraception, to be administered to or dispensed to 50 be self-administered by the patient, under section sixty-eight hundred 51 thirty-three of this title; or 52 (b) a licensed pharmacist, for dispensing emergency contraception, to 53 be self-administered by the patient, under section sixty-eight hundred 54 thirty-three of this title. 55 § 7. Subdivision 5 of section 6909 of the education law, as added by 56 chapter 573 of the laws of 1999, is amended to read as follows:S. 7860 4 1 5. A registered professional nurse may execute a non-patient specific 2 regimen prescribed or ordered by a licensed physician, licensed midwife 3 or certified nurse practitioner, pursuant to regulations promulgated by 4 the commissioner. 5 § 8. Section 6951 of the education law is amended by adding a new 6 subdivision 4 to read as follows: 7 4. A licensed midwife may prescribe and order a non-patient specific 8 regimen pursuant to regulations promulgated by the commissioner, 9 consistent with this section and the public health law, to: 10 (a) a registered professional nurse for emergency contraception, to be 11 administered to or dispensed to be self-administered by the patient, 12 under section sixty-eight hundred thirty-three of this title; or 13 (b) a licensed pharmacist, for dispensing emergency contraception, to 14 be self-administered by the patient, under section sixty-eight hundred 15 thirty-three of this title. 16 § 9. Section 3216 of the insurance law is amended by adding a new 17 subsection (n) to read as follows: 18 (n) Any policy under this article that covers contraception when 19 provided pursuant to a prescription shall cover emergency contraception 20 as defined in paragraph (a) of subdivision one of section sixty-eight 21 hundred thirty-three of the education law, when provided pursuant to an 22 ordinary prescription or order under section sixty-eight hundred thir- 23 ty-three of the education law and when lawfully provided other than 24 through a prescription or order. 25 § 10. Section 3221 of the insurance law is amended by adding a new 26 subsection (u) to read as follows: 27 (u) Any policy under this article that covers contraception when 28 provided pursuant to a prescription, shall cover emergency contraception 29 as defined in paragraph (a) of subdivision one of section sixty-eight 30 hundred thirty-three of the education law, when provided pursuant to an 31 ordinary prescription or order under section sixty-eight hundred thir- 32 ty-three of the education law and when lawfully provided other than 33 through a prescription or order. 34 § 11. Section 4304 of the insurance law is amended by adding a new 35 subsection (n) to read as follows: 36 (n) Any policy under this article that covers contraception when 37 provided pursuant to a prescription, shall cover emergency contraception 38 as defined in paragraph (a) of subdivision one of section sixty-eight 39 hundred thirty-three of the education law, when provided pursuant to an 40 ordinary prescription or order under section sixty-eight hundred thir- 41 ty-three of the education law and when lawfully provided other than 42 through a prescription or order. 43 § 12. Subdivision 1 of section 207 of the public health law is amended 44 by adding a new paragraph (q) to read as follows: 45 (q) Emergency contraception, including information about its safety, 46 efficacy, appropriate use and availability. 47 § 13. This act shall take effect on the one hundred eightieth day 48 after it shall have become a law; provided, however, that sections nine, 49 ten and eleven of this act shall apply to policies and contracts issued, 50 renewed, modified, altered or amended on or after such effective date. 51 The commissioner of education is authorized to promulgate any and all 52 rules and regulations and take any other measures necessary to implement 53 this act on its effective date on or before such effective date.
