S T A T E   O F   N E W   Y O R K
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                                  7503

                            I N  S E N A T E

                               May 5, 2016
                               ___________

Introduced  by  Sen. KRUEGER -- 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  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13241-04-6
              

S. 7503                             2

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) A  REGISTERED  PROFESSIONAL  NURSE  FOR  CONTRACEPTIVE  DRUGS  AND
DEVICES  THAT ARE SELF-ADMINISTERED AND APPROVED BY THE FEDERAL FOOD AND

S. 7503                             3

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.