The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4051

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to enacting the "public university emergency contraception act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative  findings and intent. The legislature finds
that access to emergency contraception  is  a  basic  measure  that  can
prevent  college students from having an unwanted pregnancy. The federal
Food and Drug Administration has approved the use of  emergency  contra-
ception  as safe and effective in the prevention of pregnancy. Emergency
contraception has been found to have no effect on an  established  preg-
nancy.  Medical  research  strongly  indicates that the sooner emergency
contraception is administered, the better the chance  of  preventing  an
unwanted  pregnancy.  Therefore, the legislature deems it essential that
each college and university of the state university of New York and  the
city  university of New York provide information on emergency contracep-
tion to its students and makes it available to any student who seeks  it
whenever  practicable  and in accordance with applicable law and profes-
sional standards of practice.
  S 2. Short title. This act shall be known and  may  be  cited  as  the
"public university emergency contraception act".
  S  3.  Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
  28. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
THE  COMMISSIONER  IS  AUTHORIZED  TO  ESTABLISH  A  STATEWIDE EMERGENCY
CONTRACEPTION COLLEGE EDUCATION AND AWARENESS PROGRAM FOR  EACH  COLLEGE
AND  UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVER-
SITY OF NEW YORK.  FOR  THE  PURPOSE  OF  THIS  SUBDIVISION,  "EMERGENCY
CONTRACEPTION" SHALL MEAN ONE OR MORE PRESCRIPTION DRUGS, USED SEPARATE-
LY  OR  IN  COMBINATION, IN A DOSAGE AND MANNER FOR PREVENTING PREGNANCY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05285-01-1

A. 4051                             2

WHEN USED AFTER INTERCOURSE, FOUND SAFE AND EFFECTIVE FOR  THAT  USE  BY
THE  UNITED  STATES FOOD AND DRUG ADMINISTRATION, AND DISPENSED FOR THAT
PURPOSE IN ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS  OF
PRACTICE.
  (B)  THE  COMMISSIONER  SHALL DEVELOP, PRODUCE AND DISTRIBUTE TO EVERY
COLLEGE AND UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK AND THE  CITY
UNIVERSITY  OF  NEW YORK INFORMATIONAL MATERIALS AND POSTERS RELATING TO
THE SAFETY AND EFFICACY OF EMERGENCY CONTRACEPTION TO  BE  CONSPICUOUSLY
DISPLAYED  AT  APPROPRIATE LOCATIONS AROUND EACH CAMPUS, AND DISTRIBUTED
TO STUDENTS IN A MANNER TO BE DETERMINED BY EACH COLLEGE AND UNIVERSITY.
THE MATERIALS AND POSTERS SHALL EXPLAIN THE NATURE OF EMERGENCY  CONTRA-
CEPTION,  INCLUDING  THAT  IT IS DEEMED SAFE AND EFFECTIVE IN PREVENTING
PREGNANCY BY THE FEDERAL FOOD AND DRUG ADMINISTRATION,  AND  CANNOT  AND
DOES NOT CAUSE ABORTIONS.
  (C) IN IMPLEMENTING THE PROVISIONS OF THIS SUBDIVISION THE COMMISSION-
ER  SHALL  CONSULT  WITH  REPRESENTATIVES  OF HEALTH CARE PRACTITIONERS,
STUDENTS AND AFFECTED EMPLOYEES.
  S 4. The education law is amended by adding a new section 361 to  read
as follows:
  S  361. EMERGENCY CONTRACEPTION. 1. EACH COLLEGE AND UNIVERSITY OF THE
STATE UNIVERSITY SHALL CONSPICUOUSLY DISPLAY  AT  APPROPRIATE  LOCATIONS
AROUND  THE  CAMPUS AND DISTRIBUTE TO STUDENTS IN A MANNER DETERMINED BY
SUCH COLLEGE OR UNIVERSITY MATERIALS AND POSTERS RELATING  TO  EMERGENCY
CONTRACEPTION, DISTRIBUTED TO IT PURSUANT TO SUBDIVISION TWENTY-EIGHT OF
SECTION  TWO  HUNDRED  SIX  OF  THE  PUBLIC HEALTH LAW. EACH COLLEGE AND
UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK MAY ALSO APPROVE INFORMA-
TIONAL MATERIALS AND POSTERS FROM OTHER SOURCES FOR THE PURPOSES OF THIS
SUBDIVISION.
  2. EACH COLLEGE AND UNIVERSITY OF THE STATE UNIVERSITY,  IN  CONSULTA-
TION  WITH  THE  DEPARTMENT  OF  HEALTH, SHALL ADOPT AND IMPLEMENT RULES
REQUIRING THAT ANY HEALTH SERVICE OPERATING AS PART OF  THE  COLLEGE  OR
UNIVERSITY  WHICH PROVIDES TREATMENT TO STUDENTS SHALL PROVIDE, UPON THE
REQUEST OF ANY STUDENT OF SUCH COLLEGE OR UNIVERSITY, EMERGENCY  CONTRA-
CEPTION  IN ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS OF
PRACTICE.
  3. THIS SECTION DOES NOT REQUIRE ANY HEALTH SERVICE TO REMAIN OPEN ANY
HOURS OR DAYS IT ORDINARILY IS NOT OPEN,  OR  TO  PROVIDE  TREATMENT  TO
STUDENTS  IF  IT  ORDINARILY  DOES NOT PROVIDE SUCH SERVICES, OR TO HAVE
AVAILABLE A HEALTH CARE PROFESSIONAL AUTHORIZED TO  WRITE  PRESCRIPTIONS
IF  IT  ORDINARILY  DOES NOT HAVE SUCH A HEALTH CARE PROFESSIONAL AVAIL-
ABLE.
  4. IN IMPLEMENTING THE PROVISIONS OF THIS  SECTION  EACH  COLLEGE  AND
UNIVERSITY SHALL CONSULT WITH REPRESENTATIVES OF HEALTH CARE PRACTITION-
ERS, STUDENTS AND AFFECTED EMPLOYEES.
  S  5.  The  education law is amended by adding a new section 6206-a to
read as follows:
  S 6206-A. EMERGENCY CONTRACEPTION. 1. EACH  INSTITUTION  OF  THE  CITY
UNIVERSITY  OF  NEW  YORK  SHALL  CONSPICUOUSLY  DISPLAY  AT APPROPRIATE
LOCATIONS AROUND THE CAMPUS AND  DISTRIBUTE  TO  STUDENTS  IN  A  MANNER
DETERMINED  BY  SUCH INSTITUTION MATERIALS AND POSTERS RELATING TO EMER-
GENCY  CONTRACEPTION,  DISTRIBUTED  TO  IT   PURSUANT   TO   SUBDIVISION
TWENTY-EIGHT  OF  SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW. EACH
INSTITUTION OF THE CITY UNIVERSITY OF NEW YORK MAY ALSO APPROVE INFORMA-
TIONAL MATERIALS AND POSTERS FROM OTHER SOURCES FOR THE PURPOSES OF THIS
SUBDIVISION.

A. 4051                             3

  2. EACH INSTITUTION OF THE CITY UNIVERSITY OF NEW YORK,  IN  CONSULTA-
TION  WITH  THE  DEPARTMENT  OF  HEALTH, SHALL ADOPT AND IMPLEMENT RULES
REQUIRING THAT ANY HEALTH SERVICE OPERATING AS PART OF  THE  COLLEGE  OR
UNIVERSITY  WHICH PROVIDES TREATMENT TO STUDENTS SHALL PROVIDE, UPON THE
REQUEST  OF  ANY STUDENT OF SUCH INSTITUTION, EMERGENCY CONTRACEPTION IN
ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS OF PRACTICE.
  3. THIS SECTION DOES NOT REQUIRE ANY HEALTH SERVICE TO REMAIN OPEN ANY
HOURS OR DAYS IT ORDINARILY IS NOT OPEN,  OR  TO  PROVIDE  TREATMENT  TO
STUDENTS  IF  IT  ORDINARILY  DOES NOT PROVIDE SUCH SERVICES, OR TO HAVE
AVAILABLE A HEALTH CARE PROFESSIONAL AUTHORIZED TO  WRITE  PRESCRIPTIONS
IF  IT  ORDINARILY  DOES NOT HAVE SUCH A HEALTH CARE PROFESSIONAL AVAIL-
ABLE.
  4. IN IMPLEMENTING THE PROVISIONS OF THIS  SECTION  EACH  COLLEGE  AND
UNIVERSITY SHALL CONSULT WITH REPRESENTATIVES OF HEALTH CARE PRACTITION-
ERS, STUDENTS AND AFFECTED EMPLOYEES.
  S 6. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law; provided that any rules, regulations and
informational materials necessary to implement the  provisions  of  this
act  on its effective date are authorized and directed to be promulgated
on or before such date.