S T A T E   O F   N E W   Y O R K
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                                 8707--A

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by  M.  of  A.  PAULIN, GOTTFRIED, THIELE, SEPULVEDA, GALEF,
  RUSSELL, COOK, RIVERA, SEAWRIGHT, JAFFEE, DINOWITZ, BICHOTTE,  BARRETT
  --  Multi-Sponsored  by -- M. of A. BRENNAN, ROBINSON -- read once and
  referred to the Committee on Higher Education -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  education law, in relation to the dispensing of
  contraceptive drugs and devices that are self-administered

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

  Section  1.    The  education  law  is amended by adding a new section
6505-d to read as follows:
  S 6505-D. NON-PATIENT SPECIFIC REGIMEN. A NON-PATIENT SPECIFIC REGIMEN
PRESCRIBED AND ORDERED UNDER THIS  CHAPTER  SHALL  BE  DEEMED  TO  BE  A
PRESCRIPTION FOR ALL PURPOSES OF THE INSURANCE LAW.
  S  2.  Section  6527  of  the education law is amended by adding a new
subdivision 9 to read as follows:
  9. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
REGIMEN TO A LICENSED PHARMACIST, FOR DISPENSING CONTRACEPTIVE DRUGS AND
DEVICES THAT ARE SELF-ADMINISTERED AND APPROVED BY THE FEDERAL FOOD  AND
DRUG  ADMINISTRATION, IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRAC-
TICE AND SUBDIVISION FOUR OF SECTION SIXTY-EIGHT HUNDRED SEVEN  OF  THIS
TITLE.
  S  3.  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. A LICENSED PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGI-
MEN OF CONTRACEPTIVE DRUGS AND DEVICES THAT  ARE  SELF-ADMINISTERED  AND

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

                                                           LBD13241-03-6

A. 8707--A                          2

APPROVED  BY  THE  FEDERAL  FOOD  AND DRUG ADMINISTRATION, PRESCRIBED OR
ORDERED BY  A  LICENSED  PHYSICIAN,  CERTIFIED  NURSE  PRACTITIONER,  OR
LICENSED  MIDWIFE,  PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER,  IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRACTICE AND
THE PROVISIONS OF THIS SUBDIVISION.
  B. THE DISPENSING OF CONTRACEPTIVE DRUGS AND DEVICES THAT ARE SELF-AD-
MINISTERED BY A LICENSED PHARMACIST UNDER THIS SUBDIVISION SHALL BE DONE
IN ACCORDANCE WITH WRITTEN PROCEDURES AND PROTOCOLS DEVELOPED BY A PHAR-
MACIST AND A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTITIONER,  LICENSED
MIDWIFE,  OR  A  HOSPITAL  (LICENSED  UNDER  ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH  LAW)  THAT  PROVIDES  GYNECOLOGICAL  OR  FAMILY  PLANNING
SERVICES.    WHEN CONTRACEPTIVE DRUGS AND DEVICES THAT ARE SELF-ADMINIS-
TERED ARE DISPENSED UNDER THIS SUBDIVISION, THE PHARMACIST SHALL PROVIDE
TO THE PATIENT A FACT SHEET THAT INCLUDES  THE  CLINICAL  CONSIDERATIONS
AND  RECOMMENDATIONS  FOR  USE  OF  THE DRUG, THE APPROPRIATE METHOD FOR
USING THE DRUG, INFORMATION ON THE IMPORTANCE OF FOLLOW-UP HEALTH  CARE,
AND  HEALTH  CARE  REFERRAL  INFORMATION. THE COMMISSIONER SHALL DEVELOP
THIS FACT SHEET IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH  AND  THE
AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. PRIOR TO DISPENSING
CONTRACEPTIVE DRUGS AND DEVICES THAT ARE SELF-ADMINISTERED AS AUTHORIZED
UNDER  THIS SECTION, A PHARMACIST SHALL SUCCESSFULLY COMPLETE CONTRACEP-
TIVE DRUG THERAPY EDUCATION AND TRAINING IN ACCORDANCE WITH  SUBDIVISION
SEVEN OF SECTION SIXTY-EIGHT HUNDRED TWENTY-SEVEN OF THIS ARTICLE.
  S  4.  Section  6827  of  the education law is amended by adding a new
subdivision 7 to read as follows:
  7. ACCEPTABLE FORMAL CONTINUING EDUCATION  UNDER  THIS  SECTION  SHALL
INCLUDE  EDUCATION  AND TRAINING IN CONTRACEPTIVE DRUGS AND DEVICES THAT
ARE SELF-ADMINISTERED, IN ACCORDANCE WITH REGULATIONS OF THE COMMISSION-
ER. THE COMMISSIONER MAY PROVIDE THAT A PHARMACIST WHO  HAS  HAD  SUFFI-
CIENTLY  RECENT  EDUCATION  AND  TRAINING  IN CONTRACEPTIVE DRUGS MAY BE
EXEMPTED FROM THE REQUIREMENT OF THIS SUBDIVISION.
  S 5. Subdivision 4 of section 6909 of the education law is amended  by
adding a new paragraph (g) to read as follows:
  (G)  CONTRACEPTIVE  DRUGS  AND  DEVICES THAT ARE SELF-ADMINISTERED AND
APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, IN ACCORDANCE WITH
PROFESSIONAL STANDARDS OF PRACTICE.
  S 6. 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  7.  Section  6909  of  the education law is amended by adding a new
subdivision 8 to read as follows:
  8. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND  ORDER  A  NON-PA-
TIENT  SPECIFIC REGIMEN TO A LICENSED PHARMACIST, FOR DISPENSING CONTRA-
CEPTIVE DRUGS AND DEVICES THAT ARE SELF-ADMINISTERED AND APPROVED BY THE
FEDERAL FOOD AND DRUG ADMINISTRATION, IN  ACCORDANCE  WITH  PROFESSIONAL
STANDARDS  OF  PRACTICE  AND  SUBDIVISION  FOUR  OF  SECTION SIXTY-EIGHT
HUNDRED SEVEN OF THIS TITLE.
  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  PROMULGATED  BY  THE   COMMISSIONER,
CONSISTENT WITH THIS SECTION, AND CONSISTENT WITH THE PUBLIC HEALTH LAW,
TO:

A. 8707--A                          3

  (A)  A  REGISTERED  PROFESSIONAL  NURSE  FOR  CONTRACEPTIVE  DRUGS AND
DEVICES THAT ARE SELF-ADMINISTERED AND APPROVED BY THE FEDERAL FOOD  AND
DRUG  ADMINISTRATION, IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRAC-
TICE; OR
  (B)  A  LICENSED  PHARMACIST,  FOR  DISPENSING CONTRACEPTIVE DRUGS AND
DEVICES THAT ARE SELF-ADMINISTERED AND APPROVED BY THE FEDERAL FOOD  AND
DRUG  ADMINISTRATION, IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRAC-
TICE AND SUBDIVISION FOUR OF SECTION SIXTY-EIGHT HUNDRED SEVEN  OF  THIS
TITLE.
  S 9. This act shall take effect on the one hundred eightieth day after
it  shall have become a 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 on its effective date
on or before such date.