S T A T E   O F   N E W   Y O R K
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                                  4988

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Education

AN  ACT  to amend the education law, in relation to parental involvement
  in the distribution of emergency contraception in the public schools

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

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that parents of minor children  should  be  involved  in  their
child's  healthcare,  especially when such healthcare involves sensitive
matters that may impact their child's physical and  emotional  wellbeing
for  the  remainder  of  their  life. Healthcare services of this nature
include the distribution of emergency contraception.
  The courts of this state have long recognized the freedom  of  parents
to  direct  and  control the education and upbringing of their children.
PIERCE V. SOCIETY OF SISTERS, 268 U.S. 510 (1925). New York courts  have
determined  this  right to be "fundamental," and have stated that public
schools are "prohibited from dispensing condoms to unemancipated,  minor
students  without  the  prior  consent of their parents or guardians, or
without an opt-out provision..." ALFONSO V.  FERNANDEZ, 195 A.D. 2D  46,
60.
  The  courts have determined that prior consent (an "opt-in" provision)
is appropriate under the constitution of this state, and the legislature
agrees, finding such a  requirement  best  preserves  the  interests  of
parental involvement, provides for fully informed consent, and continues
to  allow  for  access  to  healthcare  services  by  children in public
schools.
  Further, the legislature finds that any consent  made  by  parents  on
behalf of their minor child or any consent a child over the age of eigh-
teen  provides  must  be  fully  and adequately informed. Therefore, the
legislature affirms that all information about the  risks,  side-effects

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08781-01-3

              

A. 4988                             2

and  potential  contraindications  of the use of emergency contraception
must be provided with any "opt-in" provision.
  S  2. The education law is amended by adding a new section 907 to read
as follows:
  S 907. CONSENT TO  THE  PRESCRIPTION  AND  DISTRIBUTION  OF  EMERGENCY
CONTRACEPTION.  1.  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF LAW, THE
CONSENT OF A PARENT OR GUARDIAN MUST BE OBTAINED  FOR  THE  PRESCRIPTION
AND DISTRIBUTION OF EMERGENCY CONTRACEPTION, AS DEFINED IN PARAGRAPH (A)
OF  SUBDIVISION  ONE OF SECTION TWO THOUSAND EIGHT HUNDRED FIVE-P OF THE
PUBLIC HEALTH LAW, BY THE DIRECTOR OF SCHOOL  HEALTH  SERVICES  OF  EACH
SCHOOL  DISTRICT IN THIS STATE THAT IS REQUIRED TO PROVIDE SCHOOL HEALTH
SERVICES, OR THE HEALTH DEPARTMENT OR AGENCY  OTHERWISE  RESPONSIBLE  TO
PROVIDE  SUCH  SERVICES,  OR THE HEALTH CARE ADMINISTRATOR OF ANY PUBLIC
SCHOOL IN THIS STATE.
  2. THE DIRECTOR OF SCHOOL HEALTH SERVICES OF EACH SCHOOL  DISTRICT  IN
THIS  STATE  THAT  IS REQUIRED TO PROVIDE SCHOOL HEALTH SERVICES, OR THE
HEALTH DEPARTMENT  OR  AGENCY  OTHERWISE  RESPONSIBLE  TO  PROVIDE  SUCH
SERVICES,  OR THE HEALTH CARE ADMINISTRATOR OF ANY PUBLIC SCHOOL IN THIS
STATE SHALL MAIL A LETTER, IN ENGLISH AND  SPANISH,  TO  THE  PARENT  OR
GUARDIAN  OF ANY CHILD YET TO REACH THE AGE OF EIGHTEEN ON THE FIRST DAY
THE SCHOOL YEAR COMMENCES IN THE YEAR FOLLOWING THE  EFFECTIVE  DATE  OF
THIS SECTION. SUCH LETTER MUST CONTAIN THE FOLLOWING PROVISIONS:
  A.  A  TITLE IN BOLD LETTERING, AT THE TOP OF THE LETTER FOLLOWING THE
LETTERHEAD BUT BEFORE THE SALUTATION, OF THE SAME SIZE AS  THE  TEXT  OF
THE  LETTER,  WHICH STATES "CONSENT FOR THE RECEIPT OF EMERGENCY CONTRA-
CEPTION."
  B. A BRIEF EXPLANATION IN THE TEXT OF  THE  LETTER  THAT  INFORMS  THE
RECIPIENT  OF  THE  LETTER  THAT  HE OR SHE HAS THE RIGHT UNDER NEW YORK
STATE LAW TO WITHHOLD OR PROVIDE CONSENT FOR THE DISTRIBUTION  OF  EMER-
GENCY CONTRACEPTION TO HIS OR HER MINOR CHILD BY THE PUBLIC SCHOOLS.
  C.  A  FULL  LISTING  OF ALL INDICATIONS AND USAGE, CONTRAINDICATIONS,
ADVERSE REACTIONS AND WARNINGS AND PRECAUTIONS OF ANY FORM OF  EMERGENCY
CONTRACEPTION  THAT  THE  HEALTH  CARE PROVIDER AT THE PUBLIC SCHOOL MAY
DISPENSE OR PRESCRIBE OVER THE COURSE OF THE YEAR  AS  SUCH  INDICATIONS
AND USAGE, CONTRAINDICATIONS, ADVERSE REACTIONS AND WARNINGS AND PRECAU-
TIONS  APPEAR  IN  THE  UNITED  STATES FOOD AND DRUG ADMINISTRATION DRUG
APPROVAL DATABASE. IF  THE  INDICATIONS  AND  USAGE,  CONTRAINDICATIONS,
ADVERSE  REACTIONS  AND WARNINGS AND PRECAUTIONS OF A PARTICULAR FORM OF
EMERGENCY CONTRACEPTION ARE NOT INCLUDED IN SUCH LETTER, THEY MAY NOT BE
DISPENSED OR PRESCRIBED BY THE SCHOOL HEALTH CARE PROVIDER.
  D. A PORTION OF THE LETTER, TO BE PLACED AT  THE  END  OF  THE  LETTER
FOLLOWING  ALL OF THE ABOVE DESCRIBED PROVISIONS, ALLOWING THE PARENT OR
GUARDIAN OF THE MINOR CHILD  TO  PROVIDE  AFFIRMATIVE  CONSENT  FOR  THE
RECEIPT  OF  EMERGENCY  CONTRACEPTION,  MUST  BE  RETURNED TO THE SCHOOL
HEALTH PROFESSIONAL OR OFFICE OF SCHOOL HEALTH, OR ANY  SCHOOL  OFFICIAL
WHO  SHALL FORWARD SUCH FORM TO THE SCHOOL HEALTH PROFESSIONAL OR OFFICE
OF SCHOOL HEALTH. THIS PORTION OF THE LETTER SHALL READ AS FOLLOWS:
    "I AM THE PARENT/GUARDIAN OF                 . I HAVE READ THE ABOVE
    LETTER AND INFORMATION CONCERNING THE PROVISION OF EMERGENCY CONTRA-
    CEPTION TO MY CHILD AND THE RISKS ASSOCIATED WITH PROVIDING MY CHILD
    WITH EMERGENCY CONTRACEPTION. I UNDERSTAND THESE RISKS AND WISH  FOR
    MY CHILD TO BE PROVIDED WITH SUCH SERVICES AND MEDICATIONS SHOULD MY
    CHILD REQUEST THEM, WITHOUT FURTHER APPROVAL REQUIRED OF ME.
    DATE:          SIGNATURE OF PARENT/GUARDIAN:                     ."
  3. ANY CONSENT DERIVED FROM THE LETTER DESCRIBED IN THIS SECTION SHALL
BE  VALID  ONLY  UNTIL  THE DAY PRIOR TO THE FIRST DAY OF THE SUBSEQUENT

A. 4988                             3

SCHOOL YEAR FOLLOWING THE YEAR IN WHICH THE LETTER WAS SENT TO A CHILD'S
PARENT OR GUARDIAN.
  4.  FULL  WRITTEN  AND  ORAL INFORMED CONSENT MUST BE SPECIFICALLY AND
PERSONALLY PROVIDED BY THE LICENSED HEALTH CARE PROFESSIONAL PRESCRIBING
THE EMERGENCY CONTRACEPTION IN THE PUBLIC SCHOOL. THIS INFORMED  CONSENT
MUST  INCLUDE  THE  INDICATIONS  AND  USAGE,  CONTRAINDICATIONS, ADVERSE
REACTIONS AND WARNINGS AND PRECAUTIONS AS  THEY  APPEAR  IN  THE  UNITED
STATES FOOD AND DRUG ADMINISTRATION DRUG APPROVAL DATABASE. ANY LICENSED
HEALTH  CARE  PROFESSIONAL  WHO PRESCRIBES EMERGENCY CONTRACEPTION AFTER
RECEIVING CONSENT THAT DOES  NOT  INCLUDE  THE  INDICATIONS  AND  USAGE,
CONTRAINDICATIONS,  ADVERSE  REACTIONS  AND  WARNINGS AND PRECAUTIONS AS
THEY APPEAR IN THE UNITED  STATES  FOOD  AND  DRUG  ADMINISTRATION  DRUG
APPROVAL  DATABASE  SHALL  BE  DEEMED  TO  HAVE  WILLFULLY VIOLATED THIS
SECTION.
  5. NO FORM OF EMERGENCY CONTRACEPTION MAY BE DISPENSED  TO  ANY  MINOR
CHILD  BY  ANY  PUBLIC  SCHOOL  HEALTH  PROFESSIONAL OR OFFICE OF SCHOOL
HEALTH UNTIL  SUCH  OFFICE  OR  PROFESSIONAL  HAS  RECEIVED  AFFIRMATIVE
CONSENT  FOR  SUCH  SERVICES  AS  PRESCRIBED  IN SUBDIVISION ONE OF THIS
SECTION, AND ONLY AFTER A SPECIFIC REVIEW OF THE CHILD'S MEDICAL  CONDI-
TION  AND  HISTORY  BY  THE LICENSED HEALTH CARE PROVIDER PROVIDING SUCH
SERVICE. A RECORD OF THIS SPECIFIC REVIEW AND MEDICAL CONDITION  OF  THE
CHILD MUST BE CREATED BY THE LICENSED HEALTH CARE PROFESSIONAL CONTEMPO-
RANEOUSLY WITH DISTRIBUTION OF EMERGENCY CONTRACEPTION TO THE CHILD. ANY
LICENSED HEALTH CARE PROFESSIONAL THAT FAILS TO CREATE SUCH RECORD SHALL
BE DEEMED TO HAVE WILLFULLY VIOLATED THIS SECTION.
  6. ALL LICENSED HEALTH CARE PROFESSIONALS SHALL RECORD, AS REQUIRED IN
SUBDIVISION  FIVE  OF  THIS SECTION AND PURSUANT TO SECTION FOUR HUNDRED
THIRTEEN OF THE SOCIAL SERVICES LAW, ANY AND ALL EVIDENCE INDICATIVE  OF
ABUSE  OR  MALTREATMENT AS DEFINED IN SECTION FOUR HUNDRED TWELVE OF THE
SOCIAL SERVICES LAW. ANY VIOLATION OF THIS SUBDIVISION SHALL BE DEEMED A
WILLFUL VIOLATION OF SECTION FOUR HUNDRED TWENTY OF THE SOCIAL  SERVICES
LAW.
  7.  THE  DIRECTOR OF SCHOOL HEALTH SERVICES OF EACH SCHOOL DISTRICT IN
THIS STATE THAT IS REQUIRED TO PROVIDE SCHOOL HEALTH  SERVICES,  OR  THE
HEALTH  DEPARTMENT  OR  AGENCY  OTHERWISE  RESPONSIBLE  TO  PROVIDE SUCH
SERVICES, OR THE HEALTH CARE ADMINISTRATOR OF ANY PUBLIC SCHOOL IN  THIS
STATE,  SHALL MAINTAIN THE RECORDS DESCRIBED IN SUBDIVISION FIVE OF THIS
SECTION, IN WHATEVER MEDIUM THEY WERE CREATED, FOR  A  MINIMUM  OF  FOUR
YEARS FOLLOWING THE CHILD'S LAST DAY OF ATTENDANCE AT THE SCHOOL.
  8.  NO LICENSED HEALTH CARE PROFESSIONAL COVERED BY THIS SECTION SHALL
PRESCRIBE ANY FORM OF EMERGENCY CONTRACEPTION FOR USE BY A  CHILD  OTHER
THAN    THE USE THAT IS DESCRIBED AND APPROVED BY THE UNITED STATES FOOD
AND DRUG ADMINISTRATION. ANY LICENSED HEALTH CARE PROFESSIONAL FOUND  TO
HAVE  PRESCRIBED  EMERGENCY  CONTRACEPTION TO A CHILD FOR USE OTHER THAN
THAT AS DESCRIBED AND APPROVED BY THE UNITED STATES FOOD AND DRUG ADMIN-
ISTRATION SHALL BE DEEMED TO HAVE WILLFULLY VIOLATED THIS SECTION.
  S 3. Section 6509 of the education law is  amended  by  adding  a  new
subdivision 15 to read as follows:
  (15)  A  WILLFUL VIOLATION BY A LICENSEE OF SECTION NINE HUNDRED SEVEN
OF THIS CHAPTER.
  S 4. Section 6530 of the education law is  amended  by  adding  a  new
subdivision 50 to read as follows:
  50. A WILLFUL VIOLATION BY A LICENSEE OF SECTION NINE HUNDRED SEVEN OF
THIS TITLE.
  S 5.  This act shall take effect immediately.