NY State Senate Bill 2015-S2713

Senate Bill S2713

2015-2016 Legislative Session

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

download bill text pdf

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

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
May 05, 2016	print number 2713a
May 05, 2016	amend and recommit to higher education
Jan 06, 2016	referred to higher education
Jan 28, 2015	referred to higher education

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S2713 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6807, 6909 & 6951, add §6832, Ed L; amd §§3216, 3221 & 4304, Ins L; amd §207, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1410
2011-2012: S892
2013-2014: S1494

2015-S2713 - Summary

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

2015-S2713 - Sponsor Memo

                                BILL NUMBER:S2713

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 amends subdivision six of section 6527 paragraphs
(c),(d) and (e)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 6832:
emergency contraception; non-patient specific prescription or order.
Subdivision one defines the terms "emergency contraception" and
"prescriber." Subdivision two provides that sections 6527, 6909 or
6951 of this title 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,(b),(c),(d), and (e) 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 (k) 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 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). Administered 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 intercourse. "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 progesterone) is, currently, the only brand
of emergency contraception packaged for that use. In 2007, Plan B was
approved by the BOA 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 (1-388-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 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 SC. 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:

2013-2014: S.1494
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.

2015-S2713 - Bill Text download pdf

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

                                  2713

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by  Sens.  KRUEGER, HASSELL-THOMPSON, HOYLMAN, MONTGOMERY --
  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03356-01-5

S. 2713                             2

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, paragraph (d) as added by chapter 429 of  the  laws
of  2005  and paragraph (e) as added by chapter 352 of the laws of 2014,
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[.];
  [(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
  (VI) 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 6832 to read
as follows:
  S 6832. 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
SAFE  AND  EFFECTIVE  FOR  THAT  USE  BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.

S. 2713                             3

  (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, paragraph (d) as  added
by chapter 429 of the laws of 2005 and paragraph (e) as added by chapter
352 of the laws of 2014, 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[.];
  [(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
  (VI) 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:

S. 2713                             4

  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 (k) to read as follows:
  (K) 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

2015-S2713A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6807, 6909 & 6951, add §6832, Ed L; amd §§3216, 3221 & 4304, Ins L; amd §207, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1410
2011-2012: S892
2013-2014: S1494

2015-S2713A (ACTIVE) - Summary

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

2015-S2713A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2713A

 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 amends subdivision six of section 6527 paragraphs
(c),(d) and (e)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 6832:
emergency contraception; non-patient specific prescription or order.
Subdivision one defines the terms "emergency contraception" and
"prescriber." Subdivision two provides that sections 6527, 6909 or
6951 of this title 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 emerges*y 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,(b),(c),(d), and (e) 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 (m) 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 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). Administered 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 intercourse. "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 progesterone) is, currently, the only brand
of emergency contraception packaged for that use. In 2007, Plan B was
approved by the BOA 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 (1-388-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 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 SC. 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 :

2013-2014: S.1494
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.

2015-S2713A (ACTIVE) - Bill Text download pdf

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

                                 2713--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced by Sens. KRUEGER, AVELLA, HASSELL-THOMPSON, HOYLMAN, MONTGOM-
  ERY,  PERKINS,  SERRANO  --  read  twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education -- recom-
  mitted 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 committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03356-03-6

S. 2713--A                          2

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 amended by chapter 464
of  the  laws of 2015, paragraph (d) as added by chapter 429 of the laws
of 2005, paragraph (e) as added by chapter 352 of the laws of  2014  and
paragraph  (f) as added by section 6 of part V of chapter 57 of the laws
of 2015, 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  or
other tests to detect or screen for tuberculosis infections[.];
  [(d)]  (IV) administering tests to determine the presence of the human
immunodeficiency virus[.];
  [(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
  [(f)] (VI) the urgent or emergency treatment of opioid  related  over-
dose or suspected opioid related overdose[.];
  (VII)  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. 2713--A                          3

  S 5. The education law is amended by adding a new section 6832 to read
as follows:
  S  6832. 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
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 by chapter 221
of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
of 2015, paragraph (d) as added by chapter 429  of  the  laws  of  2005,
paragraph  (e) as added by chapter 352 of the laws of 2014 and paragraph
(f) as added by section 5 of part V of chapter 57 of the laws  of  2015,
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  or
other tests to detect or screen for tuberculosis infections[.];

S. 2713--A                          4

  [(d)]  (IV) administering tests to determine the presence of the human
immunodeficiency virus[.];
  [(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
  [(f)]  (VI)  the urgent or emergency treatment of opioid related over-
dose or suspected opioid related overdose[.];
  (VII) 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,
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. 2713--A                          5

  S 12. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (m) to read as follows:
  (M)  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.

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.

Senate Bill S2713

Share this bill

Sponsored By

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

Bill Amendments

co-Sponsors

2015-S2713 - Details

2015-S2713 - Summary

2015-S2713 - Sponsor Memo

2015-S2713 - Bill Text download pdf

co-Sponsors

2015-S2713A (ACTIVE) - Details

2015-S2713A (ACTIVE) - Summary

2015-S2713A (ACTIVE) - Sponsor Memo

2015-S2713A (ACTIVE) - Bill Text download pdf

Comments