The New York State Senate

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

                                  5043

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, GUNTHER, JACOBS -- Multi-Sponsored
  by -- M. of A. CAHILL, KELLNER, MILLMAN, O'DONNELL, ROSENTHAL --  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 29 to read as follows:
  29.  (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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08837-01-3

A. 5043                             2

LY OR IN COMBINATION, IN A DOSAGE AND MANNER  FOR  PREVENTING  PREGNANCY
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-NINE  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-NINE  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. 5043                             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.