STATE OF NEW YORK ________________________________________________________________________ 5635--A 2023-2024 Regular Sessions IN SENATE March 10, 2023 ___________ Introduced by Sens. WEBB, ADDABBO, COMRIE -- 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 commit- tee AN ACT to amend the education law and the public health law, in relation to authorizing pharmacists to administer injections for contraceptive use The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 11 of section 6527 of the education law, as 2 added by chapter 128 of the laws of 2023, is amended to read as follows: 3 11. A licensed physician may prescribe and order a non-patient specif- 4 ic order to a pharmacist licensed and located in the state, pursuant to 5 regulations promulgated by the commissioner, and consistent with section 6 sixty-eight hundred one of this title, for dispensing self-administered 7 hormonal contraceptives or administering a United States Food and Drug 8 Administration approved reversible progestin-only contraceptive 9 injection as defined in section sixty-eight hundred two of this title. 10 § 2. Subdivision 9 of section 6801 of the education law, as added by 11 chapter 128 of the laws of 2023, is amended to read as follows: 12 9. a. A licensed pharmacist may execute a non-patient specific order 13 for the dispensing of self-administered hormonal contraceptives or 14 administer a United States Food and Drug Administration reversible 15 progestin-only contraceptive injection prescribed or ordered by the 16 commissioner of health, a physician licensed in this state or a nurse 17 practitioner certified in this state pursuant to rules and regulations 18 promulgated by the commissioner. 19 b. Prior to dispensing self-administered hormonal contraceptives or 20 administering a United States Food and Drug Administration reversible EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10028-06-4S. 5635--A 2 1 progestin-only contraceptive injection to a patient, and at a minimum of 2 every twelve months for each returning patient, the pharmacist shall: 3 (i) provide the patient with a self-screening risk assessment ques- 4 tionnaire, developed by the commissioner of health in consultation with 5 the commissioner, to be reviewed by the pharmacist to identify any known 6 risk factors and assist the patient's selection of an appropriate self- 7 administered hormonal contraceptive or United States Food and Drug 8 Administration reversible progestin-only contraceptive injection; and 9 (ii) provide the patient with a fact sheet, developed by the commis- 10 sioner of health, that includes but is not limited to, the clinical 11 considerations and recommendations for use of the self-administered 12 hormonal contraceptive or administration of a United States Food and 13 Drug Administration reversible progestin-only contraceptive injection, 14 the appropriate method for using such hormonal contraceptive, informa- 15 tion on the importance of follow-up health care, health care referral 16 information, and the ability of the patient to opt out of practitioner 17 reporting requirements. 18 c. No pharmacist shall dispense self-administered hormonal contracep- 19 tives or administer a United States Food and Drug Administration 20 reversible progestin-only contraceptive injection under this subdivision 21 without receiving training satisfactory to the commissioner. 22 d. A pharmacist shall notify the patient's primary health care practi- 23 tioner, unless the patient opts out of such notification, within seven- 24 ty-two hours of dispensing a self-administered hormonal contraceptive or 25 administration of a United States Food and Drug Administration revers- 26 ible progestin-only contraceptive injection, that such self-administered 27 hormonal contraceptive or United States Food and Drug Administration 28 reversible progestin-only contraceptive injection has been dispensed or 29 administered. If the patient does not have a primary health care prac- 30 titioner, or is unable to provide contact information for their primary 31 health care practitioner, the pharmacist shall provide the patient with 32 a written record of the contraceptives dispensed, and advise the patient 33 to consult an appropriate health care practitioner. 34 e. Nothing in this subdivision shall prevent a pharmacist from refus- 35 ing to dispense a non-patient specific order of self-administered 36 hormonal contraceptive or administration of a United States Food and 37 Drug Administration reversible progestin-only contraceptive injection 38 pursuant to this subdivision if, in their professional judgment, poten- 39 tial adverse effects, interactions or other therapeutic complications 40 could endanger the health of the patient. 41 § 3. Section 6802 of the education law is amended by adding a new 42 subdivision 30 to read as follows: 43 30. "United States Food and Drug Administration reversible proges- 44 tin-only contraceptive injection" for the purposes of section sixty- 45 eight hundred one of this article, means a pharmacist administered 46 reversible progestin-only contraceptive injection approved by the United 47 States Food and Drug Administration to prevent pregnancy by using 48 hormones to regulate or prevent ovulation. 49 § 4. Subdivision 11 of section 6909 of the education law, as added by 50 chapter 128 of the laws of 2023, is amended to read as follows: 51 11. A certified nurse practitioner may prescribe and order a non-pa- 52 tient specific order to a pharmacist licensed and located in the state, 53 pursuant to regulations promulgated by the commissioner, and consistent 54 with section sixty-eight hundred one of this title, for dispensing self- 55 administered hormonal contraceptives or administration of a United 56 States Food and Drug Administration approved reversible progestin-onlyS. 5635--A 3 1 contraceptive injection as defined in section sixty-eight hundred two of 2 this title. 3 § 5. The public health law is amended by adding a new section 267-b to 4 read as follows: 5 § 267-b. Pharmacist administered reversible progestin-only contracep- 6 tive injections. The commissioner is authorized to establish a non-pa- 7 tient specific order, consistent with section sixty-eight hundred one of 8 the education law, for dispensing and for the administration of United 9 States Food and Drug Administration reversible progestin-only contra- 10 ceptive injection as defined in section sixty-eight hundred two of such 11 chapter. 12 § 6. This act shall take effect one year after it shall have become a 13 law; provided however, that the amendments to sections 6527, 6801 and 14 6909 of the education law made by sections one, two and four of this act 15 shall take effect on the same date and in the same manner as chapter 128 16 of the laws of 2023, takes effect. 17 Effective immediately, the addition, amendment and/or repeal of any 18 rule or regulation necessary for the implementation of this act on its 19 effective date are authorized to be made and completed on or before such 20 effective date.