NY State Senate Bill 2013-S4228

Senate Bill S4228

2013-2014 Legislative Session

Relates to parental involvement in the distribution of emergency contraception in the public schools

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to education
Mar 15, 2013	referred to education

2013-S4228 (ACTIVE) - Details

See Assembly Version of this Bill:: A4988
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §907, amd §§6509 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6741
2017-2018: A6680
2019-2020: A6802

2013-S4228 (ACTIVE) - Summary

Relates to parental involvement in the distribution of emergency contraception in the public schools.

2013-S4228 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4228

TITLE OF BILL:  An act to amend the education law, in relation to
parental involvement in the distribution of emergency contraception in
the public schools

PURPOSE OR GENERAL IDEA OF THE BILL:  Provides that parents of public
school students whose school offers emergency contraception must
receive an "opt-in" letter in the mail and agree that their child
should receive such services or medication if necessary before such
services are provided or medication is dispensed.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 outlines the legislative intent.

Section 2 replaces a previously expired section in the education law,
section 907, and adds new language requiring the public schools to
mail "opt-in" letters to parents before their child may receive any
form of emergency contraception from the public schools. This section
provides specific instructions on information, provided by the United
States Food and Drug Administration, which the letter must contain, as
well as a Portion of the letter that must be returned to the school
before emergency contraception may be dispensed to a child.  This
section also includes enumerated Provisions requiring the recording of
certain readily observable facts and conditions regarding a child

patient by a school health care professional and penalties for failure
to record or report these conditions.

Section 3 adds a new sub-section (15) to section 6509 of the education
law to extend the definition of professional misconduct to include
violations of section 907 of the education law as created in this
bill.

Section 4 adds a new sub-section (50) to section 6530 of the education
law to extend the definition of professional misconduct for a
physician, physician's assistant and specialist's assistant to include
violations of section 907 of the education law as created by this
bill.

JUSTIFICATION:  The courts have determined that the legislature has
the constitutional authority, within the context of the public
schools, to prescribe the level of parental involvement required when
a public school provides medical services to a child- The current
standard is found in Alfonso v. Fernandez, 195 A.D. 2d 46, which
requires schools to prohibit the distribution of condoms to
un-emancipated minors without prior parental consent, or at least,an
"opt-out" provision. Id. at 60.  However, Alfonso involved the mere
distribution of condoms, contraceptive devices available without a
prescription and which have very minimal potential for serious health
consequences or side-effects, This bill seeks to address the much more
consequential distribution of "emergency contraception" to young girls
in the public schools.

Emergency contraception, unlike the use of condoms, has been known to
cause serious side-effects including nausea, abdominal pain, fatigue,


headache, menstrual irregularities, dizziness and vomiting, among
others (see, U.S. Food and Drug Admin. Plan 8 drug approval, 3). More
frighteningly, the use of emergency contraceptives greatly increases
the risk of ectopic pregnancy, a very dangerous condition that
requires immediate medical treatment tick at 2).

Currently, some New York City public schools distribute emergency
contraception to students under the guise of a parental "opt-out"
letter. However, this letter is not mailed to parents or guardians but
merely sent home with students, allowing for the destruction or loss
of the letter prior to a parent or guardian ever having seen or acted
upon it. Furthermore, no standards are currently in place requiring
that students who receive these services and medications are given
informed consent and apprised of all the negative consequences of
taking such medication. Such informed consent requirements, like those
found in this bill, are in no way unusual - particularly in the area
of reproductive health, even in New York City (see, e.g., N.Y.C.
Admin, Code § 17-405, requiring informed consent for sterilization
patients).

New York State government has been aggressive in increasing the level
of parental involvement in children's health decisions - as recently
as 2012 - by requiring parental consent before a minor can receive a
body piercing (A. 10096, Ch.270 of the laws of 2012), and by
preventing a minor from tanning at a tanning salon (A. 1074-B, Ch.
105 of the laws of 2012). In signing S. 7445 into law, Governor Cuomo
echoed the sentiments of the efforts contained in this piece of
legislation by stating that it is "our obligation as New Yorkers and
parents to make sure that our teens are taking every precaution to
remain healthy and safe" (Governor Cuomo Signs Bill to Protect Teens
from Health Risks of Body Piercing, press release, July 30, 2012,
emphasis added).

The legislature therefore has the legal authority and moral obligation
to uphold the constitutional rights of parents to raise their children
in the manner in which they see fit, as well as to protect the health
and wellbeing of New York's children.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the date on which is
shall become law.

2013-S4228 (ACTIVE) - Bill Text download pdf

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

                                  4228

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed 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

S. 4228                             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

S. 4228                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.