Senate Bill S6811

2015-2016 Legislative Session

Relates to authorizing pharmacists to dispense certain contraceptives

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Archive: Last Bill Status - In Senate Committee Higher 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2016	referred to higher education

2015-S6811 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6832, Ed L

2015-S6811 (ACTIVE) - Summary

Relates to authorizing pharmacists to dispense certain contraceptives.

2015-S6811 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6811

 TITLE OF BILL :  An act to amend the education law, in relation to
authorizing pharmacists to dispense certain contraceptives

 PURPOSE : To allow pharmacists to dispense hormonal contraceptive
patches and self-administered oral hormonal contraceptives.

 SUMMARY OF PROVISIONS :

Section 1. The education law is amended by adding a new section 6832
establishing requirements for:

* pharmacists to undergo a training program approved by the State
Board of Pharmacy;

* create a self-screening risk assessment tool for patients;

* requirement that pharmacist refer patient to the primary care
provider or women's health care provider;

* provide patient with a written record of the dispensed medication
and advise patient to consult with the primary care or women's health
provider;

* Dispense the hormonal contraceptive as soon as practicable after

issuing the prescription.

This section prohibits a pharmacist from:

* requiring a patient to schedule an appointment with the pharmacist
in order to dispense the contraceptive; or

* dispensing the contraceptive if the patient does not have evidence
of a clinical visit for women's health within three years immediately
following the initial dispensing of the contraceptive

All state and federal laws governing insurance coverage will apply to
contraceptives dispensed by a pharmacist.

Section 2. Effective date.

 JUSTIFICATION : Pharmacists are already permitted to dispense
emergency contraceptives and administer flu shots. Dispensing oral or
transdermal patch contraceptives would fall within the standing order
protocol that is already in place for the flu shot and Plan B.

Both California and Oregon have successfully implemented this program.
The rationale for adopting this legislation is that pharmacy practice
is a dynamic, patient-oriented health service that applies a
scientific body of knowledge to improve and promote patient health by
means of appropriate drug use, drug-related therapy, and communication
for clinical and consultative purposes. Pharmacy practice is
continually evolving to include more sophisticated and comprehensive
patient care activities. Pharmacists are health care providers who
have the authority to provide health care services.

The self-screening tool will identify patient risk factors for use of
self-administered hormonal contraceptives. Referring the patient to
their primary care doctor or, in the absence of a PCP, to a clinic
upon furnishing a self-administered contraceptive, will provide a
safeguard especially if the self-administered test shows that the
contraceptive is not recommended.

Affording women easy access to contraceptives through a local pharmacy
will help with family planning. It is also an essential service for
women for whom a trip to their doctor or a clinic would necessitate
time off from work or arranging child care. It would also be more
immediate as women must often wait weeks or months to obtain a
scheduled appointment with their health care provider.

 EFFECTIVE DATE : This act shall take effect on the first of January
next succeeding the date on which it shall have become a law;
provided, however, that effective immediately, the state board of
pharmacy may take any action necessary to implement the provisions of
this act on its effective date.

2015-S6811 (ACTIVE) - Bill Text download pdf

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

                                  6811

                            I N  S E N A T E

                            February 24, 2016
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation  to  authorizing  pharma-
  cists to dispense certain contraceptives

  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  6832
to read as follows:
  S  6832. DISPENSING CONTRACEPTION. 1. IN ACCORDANCE WITH RULES ADOPTED
BY THE STATE BOARD  OF  PHARMACY  A  PHARMACIST  MAY  DISPENSE  HORMONAL
CONTRACEPTIVE  PATCHES  AND  SELF-ADMINISTERED  ORAL HORMONAL CONTRACEP-
TIVES.
  2. THE BOARD SHALL ADOPT RULES TO ESTABLISH IN CONSIDERATION OF GUIDE-
LINES ESTABLISHED BY THE AMERICAN CONGRESS OF OBSTETRICIANS AND GYNECOL-
OGISTS, STANDARD PROCEDURES FOR THE PRESCRIBING OF  HORMONAL  CONTRACEP-
TIVE  PATCHES  AND  SELF-ADMINISTERED  ORAL  HORMONAL  CONTRACEPTIVES BY
PHARMACISTS.
  3. THE RULES ADOPTED UNDER THIS SECTION MUST REQUIRE A PHARMACIST TO:
  A. COMPLETE A TRAINING PROGRAM APPROVED BY THE STATE BOARD OF PHARMACY
THAT IS RELATED TO PRESCRIBING HORMONAL CONTRACEPTIVE PATCHES AND  SELF-
ADMINISTERED ORAL HORMONAL CONTRACEPTIVES;
  B. PROVIDE A SELF-SCREENING RISK ASSESSMENT TOOL THAT THE PATIENT MUST
USE  PRIOR  TO  THE  PHARMACIST'S PRESCRIBING THE HORMONAL CONTRACEPTIVE
PATCH OR SELF-ADMINISTERED ORAL HORMONAL CONTRACEPTIVE;
  C. REFER THE PATIENT TO THE PATIENT'S  PRIMARY  CARE  PRACTITIONER  OR
WOMEN'S  HEALTH  CARE  PRACTITIONER  UPON PRESCRIBING AND DISPENSING THE
HORMONAL CONTRACEPTIVE PATCH OR SELF-ADMINISTERED ORAL HORMONAL  CONTRA-
CEPTIVE;
  D.  PROVIDE  THE PATIENT WITH A WRITTEN RECORD OF THE HORMONAL CONTRA-
CEPTIVE  PATCH  OR   SELF-ADMINISTERED   ORAL   HORMONAL   CONTRACEPTIVE
PRESCRIBED AND DISPENSED AND ADVISE THE PATIENT TO CONSULT WITH A PRIMA-
RY CARE PRACTITIONER OR WOMEN'S HEALTH CARE PRACTITIONER; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13676-01-6

S. 6811                             2

  E. DISPENSE THE HORMONAL CONTRACEPTIVE PATCH OR SELF-ADMINISTERED ORAL
HORMONAL  CONTRACEPTIVE  TO THE PATIENT AS SOON AS PRACTICABLE AFTER THE
PHARMACIST ISSUES THE PRESCRIPTION.
  4.  THE RULES ADOPTED UNDER THIS SUBSECTION MUST PROHIBIT A PHARMACIST
FROM:
  A. REQUIRING A PATIENT TO SCHEDULE AN APPOINTMENT WITH THE  PHARMACIST
FOR  THE  PRESCRIBING OR DISPENSING OF A HORMONAL CONTRACEPTIVE PATCH OR
SELF-ADMINISTERED ORAL HORMONAL CONTRACEPTIVE; AND
  B. PRESCRIBING AND DISPENSING A HORMONAL CONTRACEPTIVE PATCH OR  SELF-
ADMINISTERED  ORAL HORMONAL CONTRACEPTIVE TO A PATIENT WHO DOES NOT HAVE
EVIDENCE OF A CLINICAL VISIT FOR WOMEN'S HEALTH WITHIN THE  THREE  YEARS
IMMEDIATELY  FOLLOWING  THE  INITIAL  PRESCRIPTION AND DISPENSATION OF A
HORMONAL CONTRACEPTIVE PATCH OR SELF-ADMINISTERED ORAL HORMONAL  CONTRA-
CEPTIVE BY A PHARMACIST TO THE PATIENT.
  5.  ALL STATE AND FEDERAL LAWS GOVERNING INSURANCE COVERAGE OF CONTRA-
CEPTIVE DRUGS, DEVICES, PRODUCTS AND SERVICES SHALL  APPLY  TO  HORMONAL
CONTRACEPTIVE PATCHES AND SELF-ADMINISTERED ORAL HORMONAL CONTRACEPTIVES
PRESCRIBED BY A PHARMACIST UNDER THIS SECTION.
  6. FOR THE PURPOSES OF THIS SECTION: A. "HORMONAL CONTRACEPTIVE PATCH"
MEANS  A  TRANSDERMAL  PATCH  APPLIED  TO  THE SKIN OF A PATIENT, BY THE
PATIENT OR BY A PRACTITIONER, THAT RELEASES A DRUG COMPOSED OF A  COMBI-
NATION  OF  HORMONES THAT IS APPROVED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION TO PREVENT PREGNANCY.
  B.  "SELF-ADMINISTERED  ORAL  HORMONAL  CONTRACEPTIVE"  MEANS  A  DRUG
COMPOSED  OF  A  COMBINATION  OF HORMONES THAT IS APPROVED BY THE UNITED
STATES FOOD AND DRUG ADMINISTRATION TO PREVENT PREGNANCY  AND  THAT  THE
PATIENT TO WHOM THE DRUG IS PRESCRIBED MAY TAKE ORALLY.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately,  the  state board of pharmacy may take any
action necessary to implement the provisions of this act on  its  effec-
tive date.

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Senate Bill S6811

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

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2015-S6811 (ACTIVE) - Details

2015-S6811 (ACTIVE) - Summary

2015-S6811 (ACTIVE) - Sponsor Memo

2015-S6811 (ACTIVE) - Bill Text download pdf

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2015-S6811 (ACTIVE) - Details

2015-S6811 (ACTIVE) - Summary

2015-S6811 (ACTIVE) - Sponsor Memo

2015-S6811 (ACTIVE) - Bill Text download pdf

Comments