S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1378
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CAHILL,  SEAWRIGHT, ROSENTHAL, GLICK, JENNE,
   JAFFEE, SIMOTAS, GOTTFRIED, BARRON, BLAKE, BARRETT, MAGNARELLI,  BRON-
   SON,  LAVINE  --  Multi-Sponsored  by  --  M.  of A. BRAUNSTEIN, COOK,
   FARRELL, HOOPER, LIFTON, LUPARDO, MOSLEY, ROZIC, THIELE, TITUS --  (at
   request  of  the  Department  of Law) -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the insurance law, the social services law,  the  educa-
   tion  law  and  the public health law, in relation to requiring health
   insurance policies to include coverage of all FDA-approved  contracep-
   tive  drugs, devices, and products, as well as voluntary sterilization
   procedures, contraceptive education and counseling, and related follow
   up services and prohibiting a health insurance  policy  from  imposing
   any  cost-sharing  requirements  or  other restrictions or delays with
   respect to this coverage
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "comprehen-
 sive contraception coverage act".
   §  2.  Paragraph 16 of subsection (l) of section 3221 of the insurance
 law, as added by chapter 554 of the laws of 2002, is amended to read  as
 follows:
   (16)  (A)  Every  group or blanket policy [which provides coverage for
 prescription drugs shall include coverage for the cost of  contraceptive
 drugs or devices approved by the federal food and drug administration or
 generic equivalents approved as substitutes by such food and drug admin-
 istration  under  the  prescription  of  a  health care provider legally
 authorized to prescribe under title eight  of  the  education  law.  The
 coverage  required  by  this  section  shall be included in policies and
 certificates only through the addition of a rider.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06579-01-7

              

 A. 1378                             2

   (A)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
 AFTER  JANUARY  FIRST, TWO THOUSAND EIGHTEEN, SHALL PROVIDE COVERAGE FOR
 ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
   (1) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
 THIS  INCLUDES  ALL  FDA-APPROVED  OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
 DEVICES, AND PRODUCTS AS PRESCRIBED OR  AS  OTHERWISE  AUTHORIZED  UNDER
 STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
   (A)  WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
 TICAL EQUIVALENT, AS DEFINED BY THE FDA,  VERSIONS  OF  A  CONTRACEPTIVE
 DRUG,  DEVICE,  OR PRODUCT, A GROUP OR BLANKET POLICY IS NOT REQUIRED TO
 INCLUDE ALL SUCH THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS  IN
 ITS  FORMULARY,  SO LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT
 COST-SHARING AND IN ACCORDANCE WITH THIS PARAGRAPH;
   (B) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS
 OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
 INADVISABLE A GROUP OR BLANKET POLICY  SHALL  PROVIDE  COVERAGE  FOR  AN
 ALTERNATE  THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT  VERSION  OF THE
 CONTRACEPTIVE DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING;
   (C) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT  COST-
 SHARING  WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT
 SPECIFIC REGIMEN ORDER, 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; AND
   (D) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS WORTH
 OF A CONTRACEPTIVE AT ONE TIME;
   (2) VOLUNTARY STERILIZATION PROCEDURES;
   (3) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
   (4)  FOLLOW-UP  SERVICES  RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
 PROCEDURES COVERED UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED  TO,
 MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
 DEVICE INSERTION AND REMOVAL.
   (B) A GROUP OR BLANKET POLICY SUBJECT  TO  THIS  PARAGRAPH  SHALL  NOT
 IMPOSE  A  DEDUCTIBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING
 REQUIREMENT ON THE COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
   (C) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS PARAGRAPH,  A  GROUP  OR
 BLANKET POLICY SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVER-
 AGE REQUIRED UNDER THIS PARAGRAPH.
   (D)  BENEFITS  FOR  AN ENROLLEE UNDER THIS PARAGRAPH SHALL BE THE SAME
 FOR AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND  COVERED
 NONSPOUSE DEPENDENTS.
   (E)  Notwithstanding  any  other provision of this subsection, a reli-
 gious employer may request a contract without coverage for federal  food
 and drug administration approved contraceptive methods that are contrary
 to  the  religious  employer's  religious  tenets. If so requested, such
 contract shall be provided without coverage for  contraceptive  methods.
 This  paragraph  shall not be construed to deny an enrollee coverage of,
 and timely access to, contraceptive methods.
   (1) For purposes of this subsection,  a  "religious  employer"  is  an
 entity for which each of the following is true:
   (a) The inculcation of religious values is the purpose of the entity.
   (b)  The  entity  primarily  employs  persons  who share the religious
 tenets of the entity.
   (c) The entity serves primarily persons who share the religious tenets
 of the entity.
   (d) The entity is a nonprofit organization  as  described  in  Section
 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.

 A. 1378                             3
 
   (2) Every religious employer that invokes the exemption provided under
 this  paragraph  shall  provide  written notice to prospective enrollees
 prior to enrollment with the plan, listing the contraceptive health care
 services the employer refuses to cover for religious reasons.
   [(B)  (i)] (F) (1) Where a group policyholder makes an election not to
 purchase coverage for contraceptive drugs or devices in accordance  with
 subparagraph  [(A)] (E) of this paragraph each certificateholder covered
 under the policy issued to that group policyholder shall have the  right
 to  directly  purchase  the  rider  required  by this paragraph from the
 insurer which issued the group policy  at  the  prevailing  small  group
 community  rate  for such rider whether or not the employee is part of a
 small group.
   [(ii)] (2) Where  a  group  policyholder  makes  an  election  not  to
 purchase  coverage for contraceptive drugs or devices in accordance with
 subparagraph [(A)] (E) of this paragraph, the insurer that provides such
 coverage shall provide written notice to certificateholders upon enroll-
 ment with the insurer of their right to directly purchase  a  rider  for
 coverage  for  the  cost  of  contraceptive drugs or devices. The notice
 shall also advise the certificateholders of the additional  premium  for
 such coverage.
   [(C)]  (G) Nothing in this paragraph shall be construed as authorizing
 a group or blanket policy which provides coverage for prescription drugs
 to exclude coverage for prescription drugs prescribed for reasons  other
 than contraceptive purposes.
   [(D) Such coverage may be subject to reasonable annual deductibles and
 coinsurance  as  may  be deemed appropriate by the superintendent and as
 are consistent with those established for other drugs or devices covered
 under the policy.]
   § 3. Subsection (cc) of section 4303 of the insurance law, as added by
 chapter 554 of the laws of 2002, is amended to read as follows:
   (cc) (1) Every contract  [which  provides  coverage  for  prescription
 drugs  shall  include  coverage  for  the cost of contraceptive drugs or
 devices approved by the federal food and drug administration or  generic
 equivalents approved as substitutes by such food and drug administration
 under  the  prescription of a health care provider legally authorized to
 prescribe under title eight of the education law. The coverage  required
 by  this  section  shall  be included in contracts and certificates only
 through the addition of a rider.
   (1)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
 AFTER  JANUARY  FIRST, TWO THOUSAND EIGHTEEN, SHALL PROVIDE COVERAGE FOR
 ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
   (A) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
 THIS INCLUDES ALL  FDA-APPROVED  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,
 DEVICES,  AND  PRODUCTS  AS  PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
 STATE OR FEDERAL LAW.  THE FOLLOWING APPLIES TO THIS COVERAGE:
   (I) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND  PHARMACEU-
 TICAL  EQUIVALENT,  AS  DEFINED  BY THE FDA, VERSIONS OF A CONTRACEPTIVE
 DRUG, DEVICE, OR PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH
 THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY,  SO
 LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN
 ACCORDANCE WITH THIS SUBSECTION;
   (II) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
 OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
 INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE THERAPEU-
 TIC AND PHARMACEUTICAL EQUIVALENT VERSION  OF  THE  CONTRACEPTIVE  DRUG,
 DEVICE, OR PRODUCT WITHOUT COST-SHARING;

 A. 1378                             4
 
   (III)  THIS  COVERAGE  SHALL  INCLUDE  EMERGENCY CONTRACEPTION WITHOUT
 COST-SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PA-
 TIENT SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED
 THIRTY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY  PROVIDED  OTHER  THAN
 THROUGH A PRESCRIPTION OR ORDER; AND
   (IV)  THIS  COVERAGE  MUST  ALLOW  FOR THE DISPENSING OF TWELVE MONTHS
 WORTH OF A CONTRACEPTIVE AT ONE TIME;
   (B) VOLUNTARY STERILIZATION PROCEDURES;
   (C) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
   (D) FOLLOW-UP SERVICES RELATED TO THE DRUGS,  DEVICES,  PRODUCTS,  AND
 PROCEDURES COVERED UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
 MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
 DEVICE INSERTION AND REMOVAL.
   (2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE  A  DEDUCT-
 IBLE,  COINSURANCE,  COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
 THE COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
   (3) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS SUBSECTION,  A  CONTRACT
 SHALL  NOT  IMPOSE  ANY  RESTRICTIONS OR DELAYS ON THE COVERAGE REQUIRED
 UNDER THIS SUBSECTION.
   (4) BENEFITS FOR AN ENROLLEE UNDER THIS SUBSECTION SHALL BE  THE  SAME
 FOR  AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND COVERED
 NONSPOUSE DEPENDENTS.
   (5) Notwithstanding any other provision of this  subsection,  a  reli-
 gious  employer may request a contract without coverage for federal food
 and drug administration approved contraceptive methods that are contrary
 to the religious employer's religious  tenets.  If  so  requested,  such
 contract  shall  be provided without coverage for contraceptive methods.
 This paragraph shall not be construed to deny an enrollee  coverage  of,
 and timely access to, contraceptive methods.
   (A)  For  purposes  of  this  subsection, a "religious employer" is an
 entity for which each of the following is true:
   (i) The inculcation of religious values is the purpose of the entity.
   (ii) The entity primarily employs  persons  who  share  the  religious
 tenets of the entity.
   (iii)  The  entity  serves  primarily  persons who share the religious
 tenets of the entity.
   (iv) The entity is a nonprofit organization as  described  in  Section
 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
   (B) Every religious employer that invokes the exemption provided under
 this  paragraph  shall  provide  written notice to prospective enrollees
 prior to enrollment with the plan, listing the contraceptive health care
 services the employer refuses to cover for religious reasons.
   [(2)](6) (A) Where a group contractholder makes  an  election  not  to
 purchase  coverage for contraceptive drugs or devices in accordance with
 paragraph [one] FIVE of this subsection, each enrollee covered under the
 contract issued to that group contractholder shall  have  the  right  to
 directly purchase the rider required by this subsection from the insurer
 or  health  maintenance  organization which issued the group contract at
 the prevailing small group community rate for such rider whether or  not
 the employee is part of a small group.
   (B)  Where  a  group  contractholder makes an election not to purchase
 coverage for contraceptive drugs or devices in accordance with paragraph
 [one] FIVE of this subsection, the insurer or health maintenance  organ-
 ization  that  provides  such  coverage  shall provide written notice to
 enrollees upon enrollment with the insurer or health maintenance  organ-
 ization of their right to directly purchase a rider for coverage for the

 A. 1378                             5
 
 cost of contraceptive drugs or devices. The notice shall also advise the
 enrollees of the additional premium for such coverage.
   [(3)](7)  Nothing in this subsection shall be construed as authorizing
 a contract which provides coverage for  prescription  drugs  to  exclude
 coverage  for  prescription  drugs  prescribed  for  reasons  other than
 contraceptive purposes.
   [(4) Such coverage may be subject to reasonable annual deductibles and
 coinsurance as may be deemed appropriate by the  superintendent  and  as
 are consistent with those established for other drugs or devices covered
 under the policy.]
   §  4.  Subparagraph  (E)  of paragraph 17 of subsection (i) of section
 3216 of the insurance law is amended by adding a new clause (v) to  read
 as follows:
   (V) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS,
 INCLUDING   ALL   OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,  DEVICES,  AND
 PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL
 LAW; VOLUNTARY STERILIZATION PROCEDURES;  PATIENT  EDUCATION  AND  COUN-
 SELING  ON  CONTRACEPTION;  AND FOLLOW-UP SERVICES RELATED TO THE DRUGS,
 DEVICES, PRODUCTS, AND PROCEDURES COVERED UNDER THIS CLAUSE,  INCLUDING,
 BUT NOT LIMITED TO, MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED
 ADHERENCE, AND DEVICE INSERTION AND REMOVAL. EXCEPT AS OTHERWISE AUTHOR-
 IZED  UNDER THIS CLAUSE, A CONTRACT SHALL NOT IMPOSE ANY RESTRICTIONS OR
 DELAYS ON THE COVERAGE REQUIRED UNDER THIS CLAUSE.  HOWEVER,  WHERE  THE
 FDA  HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT,
 AS DEFINED BY THE FDA, VERSIONS OF  A  CONTRACEPTIVE  DRUG,  DEVICE,  OR
 PRODUCT,  A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH THERAPEUTIC AND
 PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO LONG AS AT LEAST
 ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN ACCORDANCE  WITH
 THIS  CLAUSE.  IF  THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT
 VERSIONS OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR  ARE  DEEMED
 MEDICALLY INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE
 THERAPEUTIC  AND  PHARMACEUTICAL EQUIVALENT VERSION OF THE CONTRACEPTIVE
 DRUG, DEVICE, OR  PRODUCT  WITHOUT  COST-SHARING.  THIS  COVERAGE  SHALL
 INCLUDE  EMERGENCY  CONTRACEPTION  WITHOUT  COST-SHARING  WHEN  PROVIDED
 PURSUANT TO  AN  ORDINARY  PRESCRIPTION,  NON-PATIENT  SPECIFIC  REGIMEN
 ORDER,  OR  ORDER  UNDER  SECTION  SIXTY-EIGHT HUNDRED THIRTY-ONE OF THE
 EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN   THROUGH   A
 PRESCRIPTION  OR  ORDER; AND THIS COVERAGE MUST ALLOW FOR THE DISPENSING
 OF TWELVE MONTHS WORTH OF A CONTRACEPTIVE AT ONE TIME.
   § 5. Paragraph (d) of subdivision 3 of section  365-a  of  the  social
 services  law,  as  amended  by  chapter  909 of the laws of 1974 and as
 relettered by chapter 82 of the laws of 1995,  is  amended  to  read  as
 follows:
   (d)  family planning services and TWELVE MONTHS OF supplies for eligi-
 ble persons of childbearing age,  including  children  under  twenty-one
 years  of  age  who  can  be considered sexually active, who desire such
 services and supplies, in accordance with the  requirements  of  federal
 law  and  regulations  and  the regulations of the department. No person
 shall be compelled or coerced to accept such services or supplies.
   § 6. 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,
 paragraph  (f) as added by section 6 of part V of chapter 57 of the laws
 of 2015 and paragraph (g) as added by chapter 502 of the laws  of  2016,
 is amended to read as follows:

 A. 1378                             6
 
   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) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
 TO  BE  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT
 HUNDRED THIRTY-TWO OF THIS TITLE;
   (VII) the urgent or emergency treatment of opioid related overdose  or
 suspected opioid related overdose[.]; OR
   [(g)]  (VIII)  screening  of  persons  at  increased risk of syphilis,
 gonorrhea and chlamydia.
   (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
 BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
 THIRTY-TWO OF THIS TITLE.
   § 7. 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 PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGIMEN  OF  EMER-
 GENCY  CONTRACEPTION, TO BE SELF-ADMINISTERED BY THE PATIENT, PRESCRIBED
 OR ORDERED BY A LICENSED PHYSICIAN,  CERTIFIED  NURSE  PRACTITIONER,  OR
 LICENSED  MIDWIFE,  UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS
 ARTICLE.
   § 8. The education law is amended by adding a new section 6832 to read
 as follows:
   § 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
 NONPRESCRIPTION  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 THE DISPENSING OF
 EMERGENCY   CONTRACEPTION   BY  A  LICENSED  PHARMACIST  PURSUANT  TO  A
 PRESCRIPTION OR ORDER FOR A NON-PATIENT SPECIFIC REGIMEN MADE BY A PRES-
 CRIBER UNDER SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN, SIXTY-NINE HUNDRED
 NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF THIS TITLE.  THIS  SECTION  DOES

 A. 1378                             7

 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 THE DISPENSING OF EMERGENCY  CONTRACEP-
 TION  BY  A LICENSED PHARMACIST SHALL BE DONE IN ACCORDANCE WITH PROFES-
 SIONAL 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 HOSPITAL (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.
   § 9. 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, paragraph (f)
 as added by section 5 of part V of chapter 57 of the laws  of  2015  and
 paragraph (g) as added by chapter 502 of the laws of 2016, 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:
   (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) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED
 TO  BE  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT
 HUNDRED THIRTY-TWO OF THIS TITLE;
   (VII) the urgent or emergency treatment of opioid related overdose  or
 suspected opioid related overdose[.]; OR
   [(g)]  (VIII)  screening  of  persons  at increased risk for syphilis,
 gonorrhea and chlamydia.
   (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
 BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
 THIRTY-TWO OF THIS TITLE.
   § 10. 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:

 A. 1378                             8

   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.
   §  11.  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 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-TWO 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-TWO OF THIS TITLE.
   § 12. Subdivision 1 of section 207 of the public health law is amended
 by adding a new paragraph (n) to read as follows:
   (N)  EMERGENCY  CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
 EFFICACY, APPROPRIATE USE AND AVAILABILITY.
   § 13. This act shall  take  effect  January  1,  2018;  provided  that
 section  six  of  this  act shall take effect January 1, 2019; provided,
 however, that effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and  completed by the commissioner of education and the board of regents
 on or before such effective date.