Bill Text: NY A02732 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for dispensing emergency contraception under certain conditions; defines emergency contraception.
Spectrum: Moderate Partisan Bill (Democrat 21-5)
Status: (Introduced) 2024-01-03 - referred to higher education [A02732 Detail]
Download: New_York-2023-A02732-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2732 2023-2024 Regular Sessions IN ASSEMBLY January 27, 2023 ___________ Introduced by M. of A. PAULIN, GLICK, L. ROSENTHAL, FAHY, STECK, SEAWRIGHT, WEPRIN, EPSTEIN, JACKSON, GONZALEZ-ROJAS -- Multi-Sponsored by -- M. of A. AUBRY, COOK, DINOWITZ, GUNTHER, HEVESI, LUPARDO, PRET- LOW, THIELE -- read once and referred 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05231-01-3A. 2732 2 1 professional nurses; and the dispensing scope of practice of pharma- 2 cists. This act does not alter the scope of such professions, nor does 3 this legislation interfere with non-prescription access to EC where it 4 is otherwise lawful. 5 § 3. Subdivision 6 of section 6527 of the education law, as added by 6 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464 7 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws 8 of 2005, paragraph (e) as added by chapter 352 of the laws of 2014, 9 paragraph (f) as added by section 6 of part V of chapter 57 of the laws 10 of 2015, paragraph (g) as added by chapter 502 of the laws of 2016 and 11 paragraph (h) as added by section 6 of part C of chapter 57 of the laws 12 of 2022, 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 [(h)] (viii) administering tests to determine the presence of COVID-19 31 or its antibodies or influenza virus[.]; 32 (ix) emergency contraception, to be administered to or dispensed to be 33 self-administered by the patient, under section sixty-eight hundred 34 thirty-three of this title; or 35 (b) A licensed pharmacist, for dispensing emergency contraception, to 36 be self-administered by the patient, under section sixty-eight hundred 37 thirty-three of this title. 38 § 4. Subdivision 3 of section 6807 of the education law, as added by 39 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is 40 added to read as follows: 41 3. A pharmacist may dispense drugs and devices to a registered profes- 42 sional nurse, and a registered professional nurse may possess and admin- 43 ister, drugs and devices, pursuant to a non-patient specific regimen 44 prescribed or ordered by a licensed physician, licensed midwife or 45 certified nurse practitioner, pursuant to regulations promulgated by the 46 commissioner and the public health law. 47 4. A licensed pharmacist may dispense a non-patient specific regimen 48 of emergency contraception, to be self-administered by the patient, 49 prescribed or ordered by a licensed physician, certified nurse practi- 50 tioner, or licensed midwife, under section sixty-eight hundred thirty- 51 three of this article. 52 § 5. The education law is amended by adding a new section 6833 to read 53 as follows: 54 § 6833. Emergency contraception; non-patient specific prescription or 55 order. 1. As used in this section, the following terms shall have the 56 following meanings, unless the context requires otherwise:A. 2732 3 1 (a) "Emergency contraception" means one or more prescription or non- 2 prescription drugs, used separately or in combination, in a dosage and 3 manner for preventing pregnancy when used after intercourse, found safe 4 and effective for that use by the United States food and drug adminis- 5 tration, 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 twenty- 12 seven, sixty-nine hundred nine or sixty-nine hundred fifty-one of this 13 title. This section does not apply to administering or dispensing emer- 14 gency contraception when lawfully done without such a prescription or 15 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 § 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 by chapter 221 37 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws 38 of 2015, paragraph (d) as added by chapter 429 of the laws of 2005, 39 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f) 40 as added by section 5 of part V of chapter 57 of the laws of 2015, para- 41 graph (g) as added by chapter 502 of the laws of 2016 and paragraph (h) 42 as added by section 7 of part C of chapter 57 of the laws of 2022, is 43 amended to read as follows: 44 4. A certified nurse practitioner may prescribe and order a non-pa- 45 tient specific regimen [to a registered professional nurse], pursuant to 46 regulations promulgated by the commissioner, consistent with subdivision 47 three of section six thousand nine hundred two of this article, and 48 consistent with the public health law, [for] to: 49 (a) a registered professional nurse for: 50 (i) administering immunizations[.]; 51 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 52 [(c)] (iii) administering purified protein derivative (PPD) tests or 53 other tests to detect or screen for tuberculosis infections[.]; 54 [(d)] (iv) administering tests to determine the presence of the human 55 immunodeficiency virus[.];A. 2732 4 1 [(e)] (v) administering tests to determine the presence of the hepati- 2 tis C virus[.]; 3 [(f)] (vi) the urgent or emergency treatment of opioid related over- 4 dose or suspected opioid related overdose[.]; 5 [(g)] (vii) screening of persons at increased risk for syphilis, 6 gonorrhea and chlamydia[.]; 7 [(h)] (viii) administering tests to determine the presence of COVID-19 8 or its antibodies or influenza virus[.]; 9 (ix) emergency contraception, to be administered to or dispensed to be 10 self-administered by the patient, under section sixty-eight hundred 11 thirty-three of this title; or 12 (b) a licensed pharmacist, for dispensing emergency contraception, to 13 be self-administered by the patient, under section sixty-eight hundred 14 thirty-three of this title. 15 § 7. Subdivision 5 of section 6909 of the education law, as added by 16 chapter 573 of the laws of 1999, is amended to read as follows: 17 5. A registered professional nurse may execute a non-patient specific 18 regimen prescribed or ordered by a licensed physician, licensed midwife 19 or certified nurse practitioner, pursuant to regulations promulgated by 20 the commissioner. 21 § 8. Section 6951 of the education law is amended by adding a new 22 subdivision 4 to read as follows: 23 4. A licensed midwife may prescribe and order a non-patient specific 24 regimen pursuant to regulations promulgated by the commissioner, 25 consistent with this section and the public health law, to: 26 (a) a registered professional nurse for emergency contraception, to be 27 administered to or dispensed to be self-administered by the patient, 28 under section sixty-eight hundred thirty-three of this title; or 29 (b) a licensed pharmacist, for dispensing emergency contraception, to 30 be self-administered by the patient, under section sixty-eight hundred 31 thirty-three of this title. 32 § 9. Section 3216 of the insurance law is amended by adding a new 33 subsection (n) to read as follows: 34 (n) Any policy under this article that covers contraception when 35 provided pursuant to a prescription shall cover emergency contraception 36 as defined in paragraph (a) of subdivision one of section sixty-eight 37 hundred thirty-three of the education law, when provided pursuant to an 38 ordinary prescription or order under section sixty-eight hundred thir- 39 ty-three of the education law and when lawfully provided other than 40 through a prescription or order. 41 § 10. Section 3221 of the insurance law is amended by adding a new 42 subsection (u) to read as follows: 43 (u) Any policy under this article that covers contraception when 44 provided pursuant to a prescription, shall cover emergency contraception 45 as defined in paragraph (a) of subdivision one of section sixty-eight 46 hundred thirty-three of the education law, when provided pursuant to an 47 ordinary prescription or order under section sixty-eight hundred thir- 48 ty-three of the education law and when lawfully provided other than 49 through a prescription or order. 50 § 11. Section 4304 of the insurance law is amended by adding a new 51 subsection (n) to read as follows: 52 (n) Any policy under this article that covers contraception when 53 provided pursuant to a prescription, shall cover emergency contraception 54 as defined in paragraph (a) of subdivision one of section sixty-eight 55 hundred thirty-three of the education law, when provided pursuant to an 56 ordinary prescription or order under section sixty-eight hundred thir-A. 2732 5 1 ty-three of the education law and when lawfully provided other than 2 through a prescription or order. 3 § 12. Subdivision 1 of section 207 of the public health law is amended 4 by adding a new paragraph (r) to read as follows: 5 (r) Emergency contraception, including information about its safety, 6 efficacy, appropriate use and availability. 7 § 13. This act shall take effect on the one hundred eightieth day 8 after it shall have become a law; provided, however, that sections nine, 9 ten and eleven of this act shall apply to policies and contracts issued, 10 renewed, modified, altered or amended on or after such effective date; 11 provided, further, that the amendments to paragraph (h) of subdivision 6 12 of section 6527 of the education law, made by section three of this act 13 shall not affect the repeal of such paragraph and shall be deemed 14 repealed therewith; provided, further, that the amendments to paragraph 15 (h) of subdivision 4 of section 6909 of the education law, made by 16 section six of this act shall not affect the repeal of such paragraph 17 and shall be deemed repealed therewith. Effective immediately, the addi- 18 tion, amendment and/or repeal of any rule or regulation necessary for 19 the implementation of this act on its effective date are authorized to 20 be made and completed on or before such effective date.
