senate Bill S1494A

2013-2014 Legislative Session

Provides for the dispensing of emergency contraception under certain circumstances and conditions

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  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 1494a
amend and recommit to higher education
Jan 08, 2014 referred to higher education
Apr 16, 2013 held in committee
Feb 26, 2013 notice of committee consideration - requested
Jan 09, 2013 referred to higher education

Bill Amendments

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S1494 - Bill Details

See Assembly Version of this Bill:
A420A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§6527, 6807, 6909 & 6951, add §6831, Ed L; amd §§3216, 3221 & 4304, Ins L; amd §207, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S892, A85
2009-2010: S1410A, A627A

S1494 - Bill Texts

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Provides for the dispensing of emergency contraception under certain circumstances and conditions.

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BILL NUMBER:S1494

TITLE OF BILL:
An act
to amend the education law, the insurance law and the
public health law, in
relation to providing for dispensing emergency contraception under
certain conditions

PURPOSE OR GENERAL IDEA OF BILL:
This legislation will help to reduce the number of unintended
pregnancies by increasing access to emergency contraception for women
in New York. State.

SUMMARY OF SPECIFIC PROVISIONS:

Section one provides that this act shall be cited as the "unintended
pregnancy prevention act."

Section two describes legislative findings.

Section three three amends subdivision six of section 6527 of the
education law and provides that a licensed physician may prescribe
and order a non-patient specific regimen to a registered professional
nurse for emergency contraception, to be administered to or dispense
to be self-administered by the patient. Section three also provides
that a licensed physician may prescribe and order a non-patient
specific regimen to a licensed pharmacist, for dispensing emergency
contraception, to be self-administered by the patient.

Section four amends subdivision three of section 6807 of the education
law by adding licensed midwife to the list of practitioners who may
prescribe or order a non-patient specific regimen which allows a
pharmacist to dispense drugs and devices to a registered professional
nurse who may possess and administer such drugs and devices. Current
law only allows a licensed physician or certified nurse practitioner
to prescribe and order a non-patient specific regimen. A new
subdivision four is also added to section 6807 of the education law
and provides that a licensed pharmacist may dispense a non-patient
specific regimen of emergency contraception, to be self-administered
by the patient, which was prescribed or ordered by a licensed
physician, certified nurse practitioner, or licensed midwife.

Section five amends the education law by adding a new section 6831:
emergency contraception; non-patient specific prescription or order.
Subdivision one defines the terms "emergency contraception" and
"prescriber." Subdivision two provides that section 5831 of the
education law applies to the administering or dispensing of emergency
contraception by a registered professional nurse or licensed
pharmacist pursuant to a prescription or non-patient specific regimen
made by prescribers as outlined in three sections of the education
law. Subdivision three
provides that the administering or dispensing of emergency
contraception by a registered professional nurse or licensed
pharmacist shall be done in accordance with professional standards of
practice and in accordance with written procedures and protocols.


Subdivision four outlines the contents of written material that must
be provided to the patient. Such written material shall be developed
or approved by the commissioner in consultation with the Department
of Health (DOH) and the American College of Obstetricians and
Gynecologists (ACOG).

Section six amends paragraphs (a) and (b) of subdivision four of
section 6909 of the education law. Paragraph (a) provides that
emergency contraception is added to the list for which a certified
nurse.practitioner may already prescribe and order a non-patient
specific regimen to a registered professional nurse. Paragraph (b)
provides that, in addition to a registered professional nurse, a
certified nurse practitioner may also prescribe or order a
non-patient specific regimen to a licensed pharmacist, for dispensing
emergency contraception.

Section seven amends subdivision five of section 6909 of the education
law by adding a licensed midwife to those practitioners who may
already prescribe and order a non-patient specific regimen to a
registered professional nurse.

Section eight amends section 6951 of the education law by adding a new
subdivision four which provides that a licensed midwife may prescribe
and order a non-patient specific regimen to: a registered
professional nurse for emergency contraception to be administered to
or dispensed to be self-administered by the patient and; a licensed
pharmacist for dispensing emergency contraception, to be
self-administered by the patient..

Sections nine, ten, and eleven amend three sections of the insurance
law to mandate that under these articles any insurance policy that
covers emergency contraception shall also cover emergency
contraception when provided by a non-patient-specific prescription.

Section twelve adds a new paragraph (i) to subdivision one of section
207 of the public health law to broaden the education and outreach
program to include information on emergency contraception and its
safety, efficacy, appropriate use and availability.

Section thirteen provides that this act shall take effect on the 180th
day after it shall have become law, provided that the commissioner of
education is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this
act.

JUSTIFICATION:
EC is Safe: In February of 1997, the Food and Drug Administration
(FDA) announced that certain combinations of estrogen and progestin
were safe and effective for use as postcoital emergency contraception
(Be). Administered in pill form, EC is a higher dosage of standard
birth control pills that serve to prevent pregnancy after unprotected
intercourse, including when birth control fails or in cases of sexual
assault. EC can reduce the risk of pregnancy from 75% to 89% if the
first dose is taken within 72 hours of unprotected intercourse. EC is
almost seven times more effective if taken within the first 24 hours
of unprotected inter-
course. "EC will not cause an abortion; it is not the same as RU-486


(also known as Mifepristone or the medical abortion pill). In 1999,
the FDA prescription use Plan B (which is Levonorgestrel, a form of
progesterone) is, currently, the only brand of emergency
contraception packaged for that use. In 2007, Plan B was approved by
the FDA for over the counter sale if a person is eighteen years or
older. However, young women in New York State currently face barriers
to accessing EC, as current law requires that a traditionally
licensed source, such as a physician, prescribe EC. This bill would
allow New York State pharmacists and registered professional nurses
to dispense EC from a non-patient specific order, written by either a
licensed physician, certified nurse practitioner or licensed midwife,
bypassing the frequent difficulties encountered in obtaining medical
appointments at offices with limited hours, long waits, or
inconvenient locations. By accessing EC in this manner, young women
will have the opportunity to ask questions and have them answered by
a healthcare professional who will also provide a fact sheet and a
verbal explanation about EC. Currently, a pharmacist may refuse to
dispense any medication if he or she reasonably
feels that it would endanger someone. This same discretion would
apply to EC.

EC Will Significantly Lower the Number of Abortions: In New York
State, there were 111,212 induced abortions in 2010, of which 6,355
were performed on girls ages seventeen and under, according to the
New York Stare Department of Health (NYSDOH). Medical experts,
including the American College of Obstetricians and Gynecologists
(AGOG), believe that increased access to EC will reduce the number of
abortions in New York by at least one half. Increased access to EC
will not only reduce the number of abortions young women have, but
reduce the cost and health risks associated with pregnancy,
childbirth and abortion. A commonsense, risk-benefit analysis
indicates that increased access to EC will enable young women to
pursue a better, healthier future by preventing an unintended
pregnancy in a safe and timely fashion.

EC Will Positively Impact the Lives of Young Women: Victims of sexual
assault are most often younger women and adolescents. According to
Tjaden and Thoennes, researchers from the National institute of
Justice, "Rape is primarily a crime against youth," A study conducted
by National Violence Against Women reported 54% of rape victims were
between the ages of 12 and 17. Similarly, the National Women's Study
found that 62% of sexual assault victims were under seventeen years
of age. Every two years, Youth Risk Behavior Survey (YRES) conducts a
study of high school students in grades nine through twelve
throughout the entire country. In 1997 and in 1999, a question was
added to the Massachusetts survey regarding teen violence_ One in
five girls reported being sexually or physically abused by a dating
partner and of those females, one in ten was sexually abused. The
statistics support the fact that there is a tremendous need for
prevention of unintended pregnancies in very young women. A
misconception about EC is that by giving women, especially young
women, access to EC the rate of sexually transmitted infections.

(STIs) will increase and it will lead to more risky sexual behavior.
However, a study providing EC to 2,117 young women ages 15 to 24,
reported in the January 5, 2005 issue of the Journal of the American
Medical Association (JAMA), concludes that giving young women access


to EC does not negate the ability of women to act responsibly. The
study confirmed that EC does not increase promiscuity or unprotected
sex among women, nor does it cause women to abandon their regular
birth control
methods. Moreover, other methods of birth control such as condoms and
spermicides may already be purchased over the counter in pharmacies,
grocery stores, or convenience stores.

EC Will be Covered by Insurance: This legislation provides that if an
insurance Policy covers contraception when it is provided pursuant to
a prescription, that same policy shall cover emergency contraception.

Education and Outreach Programs are Effective: In 1998, Washington
State began to conduct public relations and promotional activities to
increase public awareness of emergency contraception and of the
national emergency contraception hotline (1-888-NOT-2-LATE). Calls
from Washington State to the hotline increased ten-fold, an average
of 1,160 per month, after
the campaign was launched, indicating that outreach programs are
effective. This legislation adds emergency contraception to the list
of health related issues for which the Commissioner of Health shall
conduct education and outreach programs. Making the public aware of
the safety, efficacy, appropriate use, and availability of EC is
important to the health and safety of women in New York.

Conclusion: EC is designed to be just that: emergency contraception,
to be used when other methods of contraception fail or in cases of
rape, incest, or human error. Many pregnancies, births and abortions
are far more dangerous to a woman's health, especially a young
woman's health, than EC. By allowing women the chance to prevent an
unintended pregnancy, the abortion rate will drop, healthcare costs
will decrease and young women will not have to start their adult
lives with the difficult decision of whether to have a baby (often as
a single mother), have an abortion, or give a baby up for adoption.
By allowing young women access to EC, they will have the opportunity
to have a healthier and more promising future.

LEGISLATIVE HISTORY:
2011-2012: S.592/A.85
2009-2010: S.1410-A (Schneiderman) A.627-A (Paulin)
2008 - Referred to Higher Education
2007 - Referred to Higher Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law provided the
commissioner of education is authorized to promulgate any and all
rules, regulations and measures necessary for implementation on or
before such date.

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

                                  1494

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. KRUEGER, AVELLA, HASSELL-THOMPSON, HOYLMAN, MONTGOM-
  ERY, SERRANO -- read twice and ordered printed, and when printed to be
  committed 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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "unintended pregnancy prevention act".
  S  2.  Legislative  findings. The United States Food and Drug Adminis-
tration (FDA) has declared emergency contraceptive pills to be safe  and
effective in preventing pregnancy when used within 72 hours after unpro-
tected  intercourse. The American College of Obstetricians and Gynecolo-
gists and the American College of Nurse-Midwives  state  that  emergency
contraception  (EC)  is  so  safe, and using it quickly is so important,
that it should be available over the counter,  without  a  prescription.
They also emphasize the need for unimpeded access to EC for all women of
reproductive  age.  However,  although  there  are no medical reasons to
limit provision of EC, the FDA only approved non-prescription access for
women 18 years and older. Additionally, the FDA imposed requirements for
proving the patient's  identity  with  government-issued  identification
documents.  The  need  remains,  however, to provide access to women who
have difficulty obtaining the required identification documents  and  to
women under the age of 17 years. Minors in New York State have long been
legally entitled to full access, without parental consent, to all repro-
ductive  health care and services, including EC. Providing direct access
to EC for younger women will also make it more  likely  that  they  will
receive  appropriate  and  timely  professional  attention,  support and
assistance.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00945-01-3

S. 1494                             2

  The legislature deems it necessary to create a structure for simplify-
ing access to EC for these women, while respecting  and  preserving  the
prescribing  scopes  of practice of physicians, nurse practitioners, and
midwives, the treating and case-finding scope of practice of  registered
professional  nurses,  and  the  dispensing scope of practice of pharma-
cists. This act does not alter the scopes of such professions, nor  does
this  legislation  interfere with non-prescription access to EC where it
is otherwise lawful.
  The legislature also finds  that  this  legislation  is  necessary  to
ensure  that  women do not lose insurance coverage for EC solely because
it has become available without a prescription. Losing coverage would be
a major obstacle to access, which would undermine the  important  health
objectives of the FDA and the legislature.
  S  3.  Subdivision 6 of section 6527 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (c) as added by  chapter  221
of  the  laws  of  2002 and paragraph (d) as added by chapter 429 of the
laws of 2005, is amended to read as follows:
  6. A licensed physician may prescribe and order a non-patient specific
regimen [to a registered professional nurse],  pursuant  to  regulations
promulgated  by  the commissioner, and consistent with the public health
law, [for] TO:
  (a) A REGISTERED PROFESSIONAL NURSE FOR:
  (I) administering immunizations[.];
  [(b)] (II) the emergency treatment of anaphylaxis[.];
  [(c)] (III) administering purified protein derivative (PPD) tests[.];
  [(d)] (IV) administering tests to determine the presence of the  human
immunodeficiency virus[.];
  (V)  EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
SELF-ADMINISTERED BY THE  PATIENT,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS TITLE; OR
  (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS TITLE.
  S  4.  Subdivision 3 of section 6807 of the education law, as added by
chapter 573 of the laws of 1999, is amended and a new subdivision  4  is
added to read as follows:
  3. A pharmacist may dispense drugs and devices to a registered profes-
sional nurse, and a registered professional nurse may possess and admin-
ister,  drugs  and  devices,  pursuant to a non-patient specific regimen
prescribed or ordered by a  licensed  physician,  LICENSED  MIDWIFE,  or
certified nurse practitioner, pursuant to regulations promulgated by the
commissioner and the public health law.
  4.  A  LICENSED PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGIMEN
OF EMERGENCY CONTRACEPTION, TO  BE  SELF-ADMINISTERED  BY  THE  PATIENT,
PRESCRIBED  OR  ORDERED BY A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTI-
TIONER,  OR  LICENSED  MIDWIFE,  UNDER   SECTION   SIXTY-EIGHT   HUNDRED
THIRTY-ONE OF THIS ARTICLE.
  S 5. The education law is amended by adding a new section 6831 to read
as follows:
  S  6831. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION OR
ORDER. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
  (A)  "EMERGENCY  CONTRACEPTION"  MEANS  ONE  OR  MORE  PRESCRIPTION OR
NON-PRESCRIPTION DRUGS, USED SEPARATELY OR IN COMBINATION, IN  A  DOSAGE
AND  MANNER  FOR PREVENTING PREGNANCY WHEN USED AFTER INTERCOURSE, FOUND

S. 1494                             3

SAFE AND EFFECTIVE FOR THAT USE BY  THE  UNITED  STATES  FOOD  AND  DRUG
ADMINISTRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.
  (B)  "PRESCRIBER"  MEANS A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTI-
TIONER OR LICENSED MIDWIFE.
  2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR LICENSED  PHARMA-
CIST  PURSUANT  TO  A  PRESCRIPTION  OR ORDER FOR A NON-PATIENT SPECIFIC
REGIMEN  MADE  BY  A  PRESCRIBER  UNDER   SECTION   SIXTY-FIVE   HUNDRED
TWENTY-SEVEN, SIXTY-NINE HUNDRED NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF
THIS  TITLE.  THIS SECTION DOES NOT APPLY TO ADMINISTERING OR DISPENSING
EMERGENCY CONTRACEPTION WHEN LAWFULLY DONE WITHOUT SUCH  A  PRESCRIPTION
OR ORDER.
  3.  THE  ADMINISTERING  OR  DISPENSING OF EMERGENCY CONTRACEPTION BY A
REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST SHALL  BE  DONE  IN
ACCORDANCE  WITH  PROFESSIONAL  STANDARDS  OF PRACTICE AND IN ACCORDANCE
WITH WRITTEN PROCEDURES  AND  PROTOCOLS  AGREED  TO  BY  THE  REGISTERED
PROFESSIONAL NURSE OR LICENSED PHARMACIST AND THE PRESCRIBER OR A HOSPI-
TAL  (LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT
PROVIDES GYNECOLOGICAL OR FAMILY PLANNING SERVICES.
  4. (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED,  THE
REGISTERED  PROFESSIONAL  NURSE  OR LICENSED PHARMACIST SHALL PROVIDE TO
THE PATIENT WRITTEN MATERIAL THAT INCLUDES: (I) THE  CLINICAL  CONSIDER-
ATIONS  AND  RECOMMENDATIONS  FOR  USE OF THE DRUG; (II) THE APPROPRIATE
METHOD FOR USING THE  DRUG;  (III)  INFORMATION  ON  THE  IMPORTANCE  OF
FOLLOW-UP  HEALTH  CARE;  (IV) INFORMATION ON THE HEALTH RISKS AND OTHER
DANGERS OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION  RELAT-
ING  TO  HEALTH  CARE AND SERVICES RELATING TO SEXUAL ABUSE AND DOMESTIC
VIOLENCE.
  (B) SUCH WRITTEN MATERIAL  SHALL  BE  DEVELOPED  OR  APPROVED  BY  THE
COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
  S  6.  Subdivision 4 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (a) as amended and  paragraph
(c)  as  added  by  chapter 221 of the laws of 2002 and paragraph (d) as
added by chapter 429 of the laws of 2005, is amended to read as follows:
  4. A certified nurse practitioner may prescribe and  order  a  non-pa-
tient specific regimen [to a registered professional nurse], pursuant to
regulations promulgated by the commissioner, consistent with subdivision
three  of  section  [six  thousand  nine] SIXTY-NINE hundred two of this
article, and consistent with the public health law, [for] TO:
  (a) A REGISTERED PROFESSIONAL NURSE FOR:
  (I) administering immunizations[.];
  [(b)] (II) the emergency treatment of anaphylaxis[.];
  [(c)] (III) administering purified protein derivative (PPD) tests[.];
  [(d)] (IV) administering tests to determine the presence of the  human
immunodeficiency virus[.];
  (V)  EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
SELF-ADMINISTERED BY THE  PATIENT,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS TITLE; OR
  (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS TITLE.
  S  7.  Subdivision 5 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, is amended to read as follows:
  5. A registered professional nurse may execute a non-patient  specific
regimen prescribed or ordered by a licensed physician, LICENSED MIDWIFE,

S. 1494                             4

or  certified nurse practitioner, pursuant to regulations promulgated by
the commissioner.
  S  8.  Section  6951  of  the education law is amended by adding a new
subdivision 4 to read as follows:
  4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
REGIMEN  PURSUANT  TO  REGULATIONS  OF THE COMMISSIONER, CONSISTENT WITH
THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
  (A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
ADMINISTERED TO OR DISPENSED TO BE  SELF-ADMINISTERED  BY  THE  PATIENT,
UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THIS TITLE; OR
  (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS TITLE.
  S  9.  Section  3216  of  the insurance law is amended by adding a new
subsection (m) to read as follows:
  (M) ANY POLICY UNDER  THIS  ARTICLE  THAT  COVERS  CONTRACEPTION  WHEN
PROVIDED  PURSUANT TO A PRESCRIPTION SHALL COVER EMERGENCY CONTRACEPTION
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
  S 10. Section 3221 of the insurance law is amended  by  adding  a  new
subsection (s) to read as follows:
  (S)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
  S 11. Section 4304 of the insurance law is amended  by  adding  a  new
subsection (n) to read as follows:
  (N)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
  S 12. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (i) to read as follows:
  (I) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT  ITS  SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
  S  13.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law; and sections nine, ten and  eleven  of
this  act  shall  apply to policies and contracts issued, renewed, modi-
fied, altered or amended on  or after such effective date.  The  commis-
sioner  of  education  is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
on its effective date on or before such effective date.

Co-Sponsors

view additional co-sponsors

S1494A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A420A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§6527, 6807, 6909 & 6951, add §6831, Ed L; amd §§3216, 3221 & 4304, Ins L; amd §207, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S892, A85
2009-2010: S1410A, A627A

S1494A (ACTIVE) - Bill Texts

view summary

Provides for the dispensing of emergency contraception under certain circumstances and conditions.

view sponsor memo
BILL NUMBER:S1494A

TITLE OF BILL: An act to amend the education law, the insurance law and
the public health law, in relation to providing for dispensing emergency
contraception under certain conditions

PURPOSE OR GENERAL IDEA OF BILL:

This legislation will help to reduce the number of unintended pregnan-
cies by increasing access to emergency contraception for women in New
York State.

SUMMARY OF SPECIFIC PROVISIONS:

Section one provides that this act shall be cited as the "unintended
pregnancy prevention act."

Section two describes legislative findings.

Section three amends subdivision six of section 6527 of the education
law and provides that a licensed physician may prescribe and order a
non-patient specific regimen to a registered professional nurse for
emergency contraception, to be administered to or dispense to be self-
administered by the patient. Section three also provides that a licensed
physician may prescribe and order a non-patient specific regimen to a
licensed pharmacist, for dispensing emergency contraception, to be self-
administered by the patient.

Section four amends subdivision three of section 6807 of the education
law by adding licensed midwife to the list of practitioners who may
prescribe or order a non-patient specific regimen which allows a pharma-
cist to dispense drugs and devices to a registered professional nurse
who may possess and administer such drugs and devices. Current law only
allows a licensed physician or certified nurse practitioner to prescribe
and order a non-patient specific regimen. A new subdivision four is also
added to section 6807 of the education law and provides that a licensed
pharmacist may dispense a non-patient specific regimen of emergency
contraception, to be self-administered by the patient, which was
prescribed or ordered by a licensed physician, certified nurse practi-
tioner, or licensed midwife.

Section five amends the education law by adding a new section 6831:
emergency contraception; non-patient specific prescription or order.
Subdivision one defines the terms "emergency contraception" and "pres-
criber." Subdivision two provides that sections 6527, 6909 or 6951 of
this title of the education law applies to the administering or dispens-
ing of emergency contraception by a registered professional nurse or
licensed pharmacist pursuant to a prescription or non-patient specific
regimen made by prescribers as outlined in three sections of the educa-
tion law. Subdivision three provides that the administering or dispens-
ing of emergency contraception by a registered professional nurse or
licensed pharmacist shall be done in accordance with professional stand-

ards of practice and in accordance with written procedures and proto-
cols. Subdivision four outlines the contents of written material that
must be provided to the patient. Such written material shall be devel-
oped or approved by the commissioner in consultation with the Department
of Health (DOH) and the American College of Obstetricians and Gynecolo-
gists (ACOG).

Section six amends paragraphs (a) and (b) of subdivision four of section
6909 of the education law. Paragraph (a) provides that emergency contra-
ception is added to the list for which a certified nurse practitioner
may already prescribe and order a non-patient specific regimen to a
registered professional nurse. Paragraph (b) provides that, in addition
to a registered professional nurse, a certified nurse practitioner may
also prescribe or order a non-patient specific regimen to a licensed
pharmacist, for dispensing emergency contraception.

Section seven amends subdivision five of section 6909 of the education
law by adding a licensed midwife to those practitioners who may already
prescribe and order a non-patient specific regimen to a registered
professional nurse.

Section eight amends section 6951 of the education law by adding a new
subdivision four which provides that a licensed midwife may prescribe
and order a non-patient specific regimen to: a registered professional
nurse for emergency contraception to be administered to or dispensed to
be self-administered by the patient and a licensed pharmacist for
dispensing emergency contraception, to be self-administered by the
patient..

Sections nine, ten, and eleven amend three sections of the insurance law
to mandate that under these articles any insurance policy that covers
emergency contraception shall also cover emergency contraception when
provided by a non-patient-specific prescription.

Section twelve adds a new paragraph (j) to subdivision one of section
207 of the public health law to broaden the education and outreach
program to include information on emergency contraception and its safe-
ty, efficacy, appropriate use and availability.

Section thirteen provides that this act shall take effect on the 180th
day after it shall have become law, provided that the commissioner of
education is authorized to promulgate any and all rules and regulations
and Lake any other measures necessary to implement this act.

JUSTIFICATION:

EC is Safe: In February of 1997, the Food and Drug Administration (FDA)
announced that certain combinations of estrogen and progestin were safe
and effective for use as postcoital emergency contraception (EC). Admin-
istered in pill form, EC is a higher dosage or standard birth control
pills that serve to prevent pregnancy after unprotected intercourse,
including when birth control fails or in cases of sexual assault. EC can

reduce the risk of pregnancy from 755 to 69% if the first dose is taken
within 72 hours of unprotected intercourse. EC is almost seven times
more effective if taken within the first 24 hours of unprotected inter-
course. "EC will not cause an abortion; it is not the same as RU-486
(also known as Mifepristane or the medical abortion pill). In 1999, the
FDA prescription use Plan B (which is Levonorgestrel, a form of progest-
erone) is, currently, the only brand of emergency contraception packaged
for that use. In 2007, Plan B was approved by the BOA for over the coun-
ter sale if a person is eighteen years or older. However, young women in
New York State currently face barriers to accessing EC, as current law
requires that a traditionally licensed source, such as a physician,
prescribe EC. This bill would allow New York State pharmacists and
registered professional. nurses to dispense EC from a non-patient
specific order, written by either a licensed physician, certified nurse
practitioner or licensed midwife, bypassing the frequent difficulties
encountered in obtaining medical appointments at offices with limited
hours, long waits, or inconvenient Locations. By accessing EC in this
manner, young women will have the opportunity to ask questions and have
them answered by a healthcare professional who will also provide a fact
sheet and a verbal explanation about EC. Currently, a pharmacist may
refuse to dispense any medication if he or she reasonably feels that it
would endanger someone. This same discretion would apply to EC.

EC Will Significantly Lower the Number of Abortions: In New York State,
there were 111,212 induced abortions in 2010, of which 6,355 were
performed on girls ages seventeen and under, according to the New York
Stare Department of Health (NYSDOH), Medical experts, including the
American College of Obstetricians and Gynecologists (AGOG), believe that
increased access to EC will reduce the number of abortions in New York
by at least one half. Increased access to EC will not only reduce the
number of abortions young women have, but reduce the cost and health
risks associated with pregnancy, childbirth and abortion. A commonsense,
risk-benefit analysis indicates that increased access to EC will enable
young women to pursue a better, healthier future by preventing an unin-
tended pregnancy in a safe and timely fashion.

EC Will Positively Impact the Lives of Young Women: Victims of sexual
assault are most often younger women and adolescents. According to
Tjaden and Thoennes, researchers from the National institute of Justice,
"Rape is primarily a crime against youth," A study conducted by National
Violence Against Women reported 54% of rape victims were between the
ages of 12 and 17. Similarly, the National Women's Study found that 62%
of sexual assault victims were under seventeen years of age. Every two
years, Youth Risk Behavior. Survey (YRES) conducts a study of high
school students in grades nine through twelve throughout the entire
country. In 1997 and in 1999, a question was added to the Massachusetts
survey regarding teen violence One in five girls reported being sexually
or physically abused by a dating partner and of those females, one in
ten was sexually abused. The statistics support the fact that there is a
tremendous need for prevention of unintended pregnancies in very young
women. A misconception about EC is that by giving women, especially
young women, access to EC the rate of sexually transmitted infections.

(STIs) will increase and it will lead to more risky sexual behavior.
However, a study providing EC to 2,117 young women ages 15 to 24,
reported in the January 5, 2005 issue of the Journal of the American
Medical Association (JAMA), concludes that giving young women access to
EC does not negate the ability of women to act responsibly. The study
confirmed that EC does not increase promiscuity or unprotected sex among
women, nor does it cause women to abandon their regular birth control
methods. Moreover, other methods of birth control such as condoms and
spermicides may already be purchased over the counter in pharmacies,
grocery stores, or convenience stores.

EC Will be Covered by Insurance: This legislation provides that if an
insurance Policy covers contraception when it is provided pursuant to a
prescription, that same policy shall cover emergency contraception.

Education and Outreach Programs are Effective: In 1998, Washington State
began to conduct public relations and promotional activities to increase
public awareness of emergency contraception and of the national emergen-
cy contraception hotline (1-388-NOT-2-LATE). Calls from Washington State
to the hotline increased ten-fold, an average of 1,160 per month, after
the campaign was launched, indicating that outreach programs are effec-
tive. This legislation adds emergency contraception to the list of
health related issues for which the Commissioner of Health shall conduct
education and outreach programs. Making the public aware of the safety,
efficacy, appropriate use, and availability of EC is important to the
health and safety of women in New York.

Conclusion: EC is designed to be just chat: emergency contraception, to
be used when other methods of contraception fail or in cases of rape,
incest, or human error. Many pregnancies, births and abortions are far
more dangerous to a woman's health, especially a young woman's health,
than SC. By allowing women the chance to prevent an unintended pregnan-
cy, the abortion rate will drop, healthcare costs will decrease and
young women will not have to start their adult lives with the difficult
decision of whether to have a baby often as a single mother), have an
abortion, or give a baby up for adoption. By allowing young women
access to EC, they will have the opportunity to have a healthier and
more promising future.

LEGISLATIVE HISTORY:

2011-2012: S.592/A.85
2009-2010: S.1410-A.(Schneiderman) A.627-A (Paulin)
2008 - Referred to Higher Education
2007 - Referred to Higher Education

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 180 days after it becomes law provided the
commissioner of education is authorized to promulgate any and all rules,
regulations and measures necessary for implementation on or before such
date.

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

                                 1494--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. KRUEGER, AVELLA, HASSELL-THOMPSON, HOYLMAN, LATIMER,
  MONTGOMERY,  PARKER,  PERKINS,  SERRANO,  STAVISKY  --  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, 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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "unintended pregnancy prevention act".
  S  2.  Legislative  findings. The United States Food and Drug Adminis-
tration (FDA) has declared emergency contraceptive pills to be safe  and
effective in preventing pregnancy when used within 72 hours after unpro-
tected  intercourse. The American College of Obstetricians and Gynecolo-
gists and the American College of Nurse-Midwives  state  that  emergency
contraception  (EC)  is  so  safe, and using it quickly is so important,
that it should be available over the counter,  without  a  prescription.
They also emphasize the need for unimpeded access to EC for all women of
reproductive  age.  However,  although  there  are no medical reasons to
limit provision of EC, the FDA only approved non-prescription access for
women 18 years and older. Additionally, the FDA imposed requirements for
proving the patient's  identity  with  government-issued  identification
documents.  The  need  remains,  however, to provide access to women who
have difficulty obtaining the required identification documents  and  to
women under the age of 17 years. Minors in New York State have long been
legally entitled to full access, without parental consent, to all repro-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00945-02-4

S. 1494--A                          2

ductive  health care and services, including EC. Providing direct access
to EC for younger women will also make it more  likely  that  they  will
receive  appropriate  and  timely  professional  attention,  support and
assistance.
  The legislature deems it necessary to create a structure for simplify-
ing  access  to  EC for these women, while respecting and preserving the
prescribing scopes of practice of physicians, nurse  practitioners,  and
midwives,  the treating and case-finding scope of practice of registered
professional nurses, and the dispensing scope  of  practice  of  pharma-
cists.  This act does not alter the scopes of such professions, nor does
this legislation interfere with non-prescription access to EC  where  it
is otherwise lawful.
  The  legislature  also  finds  that  this  legislation is necessary to
ensure that women do not lose insurance coverage for EC  solely  because
it has become available without a prescription. Losing coverage would be
a  major  obstacle to access, which would undermine the important health
objectives of the FDA and the legislature.
  S 3. Subdivision 6 of section 6527 of the education law, as  added  by
chapter  573  of the laws of 1999, paragraph (c) as added by chapter 221
of the laws of 2002 and paragraph (d) as added by  chapter  429  of  the
laws of 2005, is amended to read as follows:
  6. A licensed physician may prescribe and order a non-patient specific
regimen  [to  a  registered professional nurse], pursuant to regulations
promulgated by the commissioner, and consistent with the  public  health
law, [for] TO:
  (a) A REGISTERED PROFESSIONAL NURSE FOR:
  (I) administering immunizations[.];
  [(b)] (II) the emergency treatment of anaphylaxis[.];
  [(c)] (III) administering purified protein derivative (PPD) tests[.];
  [(d)]  (IV) administering tests to determine the presence of the human
immunodeficiency virus[.];
  (V) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO  BE
SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT HUNDRED
THIRTY-ONE OF THIS TITLE; OR
  (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-ONE OF THIS TITLE.
  S 4. Subdivision 3 of section 6807 of the education law, as  added  by
chapter  573  of the laws of 1999, is amended and a new subdivision 4 is
added to read as follows:
  3. A pharmacist may dispense drugs and devices to a registered profes-
sional nurse, and a registered professional nurse may possess and admin-
ister, drugs and devices, pursuant to  a  non-patient  specific  regimen
prescribed  or  ordered  by  a  licensed physician, LICENSED MIDWIFE, or
certified nurse practitioner, pursuant to regulations promulgated by the
commissioner and the public health law.
  4. A LICENSED PHARMACIST MAY DISPENSE A NON-PATIENT  SPECIFIC  REGIMEN
OF  EMERGENCY  CONTRACEPTION,  TO  BE  SELF-ADMINISTERED BY THE PATIENT,
PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN, CERTIFIED  NURSE  PRACTI-
TIONER,   OR   LICENSED   MIDWIFE,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS ARTICLE.
  S 5. The education law is amended by adding a new section 6831 to read
as follows:
  S 6831. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION  OR
ORDER.  1.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:

S. 1494--A                          3

  (A) "EMERGENCY  CONTRACEPTION"  MEANS  ONE  OR  MORE  PRESCRIPTION  OR
NON-PRESCRIPTION  DRUGS,  USED SEPARATELY 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 OR ADMINISTERED FOR THAT PURPOSE.
  (B)  "PRESCRIBER"  MEANS A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTI-
TIONER OR LICENSED MIDWIFE.
  2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR LICENSED  PHARMA-
CIST  PURSUANT  TO  A  PRESCRIPTION  OR ORDER FOR A NON-PATIENT SPECIFIC
REGIMEN  MADE  BY  A  PRESCRIBER  UNDER   SECTION   SIXTY-FIVE   HUNDRED
TWENTY-SEVEN, SIXTY-NINE HUNDRED NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF
THIS  TITLE.  THIS SECTION DOES NOT APPLY TO ADMINISTERING OR DISPENSING
EMERGENCY CONTRACEPTION WHEN LAWFULLY DONE WITHOUT SUCH  A  PRESCRIPTION
OR ORDER.
  3.  THE  ADMINISTERING  OR  DISPENSING OF EMERGENCY CONTRACEPTION BY A
REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST SHALL  BE  DONE  IN
ACCORDANCE  WITH  PROFESSIONAL  STANDARDS  OF PRACTICE AND IN ACCORDANCE
WITH WRITTEN PROCEDURES  AND  PROTOCOLS  AGREED  TO  BY  THE  REGISTERED
PROFESSIONAL NURSE OR LICENSED PHARMACIST AND THE PRESCRIBER OR A HOSPI-
TAL  (LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT
PROVIDES GYNECOLOGICAL OR FAMILY PLANNING SERVICES.
  4. (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED,  THE
REGISTERED  PROFESSIONAL  NURSE  OR LICENSED PHARMACIST SHALL PROVIDE TO
THE PATIENT WRITTEN MATERIAL THAT INCLUDES: (I) THE  CLINICAL  CONSIDER-
ATIONS  AND  RECOMMENDATIONS  FOR  USE OF THE DRUG; (II) THE APPROPRIATE
METHOD FOR USING THE  DRUG;  (III)  INFORMATION  ON  THE  IMPORTANCE  OF
FOLLOW-UP  HEALTH  CARE;  (IV) INFORMATION ON THE HEALTH RISKS AND OTHER
DANGERS OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION  RELAT-
ING  TO  HEALTH  CARE AND SERVICES RELATING TO SEXUAL ABUSE AND DOMESTIC
VIOLENCE.
  (B) SUCH WRITTEN MATERIAL  SHALL  BE  DEVELOPED  OR  APPROVED  BY  THE
COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
  S  6.  Subdivision 4 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (a) as amended and  paragraph
(c)  as  added  by  chapter 221 of the laws of 2002 and paragraph (d) as
added by chapter 429 of the laws of 2005, is amended to read as follows:
  4. A certified nurse practitioner may prescribe and  order  a  non-pa-
tient specific regimen [to a registered professional nurse], pursuant to
regulations promulgated by the commissioner, consistent with subdivision
three  of  section  [six  thousand  nine] SIXTY-NINE hundred two of this
article, and consistent with the public health law, [for] TO:
  (a) A REGISTERED PROFESSIONAL NURSE FOR:
  (I) administering immunizations[.];
  [(b)] (II) the emergency treatment of anaphylaxis[.];
  [(c)] (III) administering purified protein derivative (PPD) tests[.];
  [(d)] (IV) administering tests to determine the presence of the  human
immunodeficiency virus[.];
  (V)  EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
SELF-ADMINISTERED BY THE  PATIENT,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS TITLE; OR
  (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS TITLE.

S. 1494--A                          4

  S  7.  Subdivision 5 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, is amended to read as follows:
  5.  A registered professional nurse may execute a non-patient specific
regimen prescribed or ordered by a licensed physician, LICENSED MIDWIFE,
or certified nurse practitioner, pursuant to regulations promulgated  by
the commissioner.
  S  8.  Section  6951  of  the education law is amended by adding a new
subdivision 4 to read as follows:
  4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
REGIMEN  PURSUANT  TO  REGULATIONS  OF THE COMMISSIONER, CONSISTENT WITH
THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
  (A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
ADMINISTERED TO OR DISPENSED TO BE  SELF-ADMINISTERED  BY  THE  PATIENT,
UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THIS TITLE; OR
  (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-ONE OF THIS TITLE.
  S  9.  Section  3216  of  the insurance law is amended by adding a new
subsection (n) to read as follows:
  (N) ANY POLICY UNDER  THIS  ARTICLE  THAT  COVERS  CONTRACEPTION  WHEN
PROVIDED  PURSUANT TO A PRESCRIPTION SHALL COVER EMERGENCY CONTRACEPTION
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
  S 10. Section 3221 of the insurance law is amended  by  adding  a  new
subsection (t) to read as follows:
  (T)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
  S 11. Section 4304 of the insurance law is amended  by  adding  a  new
subsection (n) to read as follows:
  (N)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
  S 12. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (j) to read as follows:
  (J) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT  ITS  SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
  S  13.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law; and sections nine, ten and  eleven  of
this  act  shall  apply to policies and contracts issued, renewed, modi-
fied, altered or amended on  or after such effective date.  The  commis-
sioner  of  education  is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
on its effective date on or before such effective date.

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