The New York State Senate

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

                                  6058

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2017
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, GUNTHER -- Multi-Sponsored by -- M.
  of A. CAHILL, O'DONNELL, ROSENTHAL -- read once and  referred  to  the
  Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to enacting the "public university emergency contraception act"

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

  Section 1.   Legislative findings and intent.  The  legislature  finds
that  access  to  emergency  contraception  is  a basic measure that can
prevent college students from having an unwanted pregnancy. The  federal
Food  and  Drug Administration has approved the use of emergency contra-
ception as safe and effective in the prevention of pregnancy.  Emergency
contraception  has  been found to have no effect on an established preg-
nancy. Medical research strongly indicates  that  the  sooner  emergency
contraception  is  administered,  the better the chance of preventing an
unwanted pregnancy.  Therefore, the legislature deems it essential  that
each  college and university of the state university of New York and the
city university of New York provide information on emergency  contracep-
tion  to its students and makes it available to any student who seeks it
whenever practicable and in accordance with applicable law  and  profes-
sional standards of practice.
  §  2.  Short  title.  This  act shall be known and may be cited as the
"public university emergency contraception act".
  § 3. Section 206 of the public health law is amended by adding  a  new
subdivision 31 to read as follows:
  31.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE COMMISSIONER  IS  AUTHORIZED  TO  ESTABLISH  A  STATEWIDE  EMERGENCY
CONTRACEPTION  COLLEGE  EDUCATION AND AWARENESS PROGRAM FOR EACH COLLEGE
AND UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK AND THE CITY  UNIVER-
SITY  OF  NEW  YORK.  FOR  THE  PURPOSE  OF THIS SUBDIVISION, "EMERGENCY
CONTRACEPTION" SHALL MEAN ONE OR MORE PRESCRIPTION DRUGS, USED SEPARATE-

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

                                                           LBD03681-01-7

A. 6058                             2

LY 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  FOR  THAT
PURPOSE  IN ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS OF
PRACTICE.
  (B) THE COMMISSIONER SHALL DEVELOP, PRODUCE AND  DISTRIBUTE  TO  EVERY
COLLEGE  AND UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK AND THE CITY
UNIVERSITY OF NEW YORK INFORMATIONAL MATERIALS AND POSTERS  RELATING  TO
THE  SAFETY  AND EFFICACY OF EMERGENCY CONTRACEPTION TO BE CONSPICUOUSLY
DISPLAYED AT APPROPRIATE LOCATIONS AROUND EACH CAMPUS,  AND  DISTRIBUTED
TO STUDENTS IN A MANNER TO BE DETERMINED BY EACH COLLEGE AND UNIVERSITY.
THE  MATERIALS AND POSTERS SHALL EXPLAIN THE NATURE OF EMERGENCY CONTRA-
CEPTION, INCLUDING THAT IT IS DEEMED SAFE AND  EFFECTIVE  IN  PREVENTING
PREGNANCY  BY  THE  FEDERAL FOOD AND DRUG ADMINISTRATION, AND CANNOT AND
DOES NOT CAUSE ABORTIONS.
  (C) IN IMPLEMENTING THE PROVISIONS OF THIS SUBDIVISION THE COMMISSION-
ER SHALL CONSULT WITH  REPRESENTATIVES  OF  HEALTH  CARE  PRACTITIONERS,
STUDENTS AND AFFECTED EMPLOYEES.
  §  4.  The  education  law is amended by adding a new section 360-a to
read as follows:
  § 360-A. EMERGENCY CONTRACEPTION. 1. EACH COLLEGE  AND  UNIVERSITY  OF
THE   STATE   UNIVERSITY  SHALL  CONSPICUOUSLY  DISPLAY  AT  APPROPRIATE
LOCATIONS AROUND THE CAMPUS AND  DISTRIBUTE  TO  STUDENTS  IN  A  MANNER
DETERMINED  BY SUCH COLLEGE OR UNIVERSITY MATERIALS AND POSTERS RELATING
TO EMERGENCY CONTRACEPTION, DISTRIBUTED TO IT  PURSUANT  TO  SUBDIVISION
THIRTY-ONE  OF  SECTION  TWO  HUNDRED SIX OF THE PUBLIC HEALTH LAW. EACH
COLLEGE AND UNIVERSITY OF THE STATE UNIVERSITY  OF  NEW  YORK  MAY  ALSO
APPROVE  INFORMATIONAL  MATERIALS AND POSTERS FROM OTHER SOURCES FOR THE
PURPOSES OF THIS SUBDIVISION.
  2. EACH COLLEGE AND UNIVERSITY OF THE STATE UNIVERSITY,  IN  CONSULTA-
TION  WITH  THE  DEPARTMENT  OF  HEALTH, SHALL ADOPT AND IMPLEMENT RULES
REQUIRING THAT ANY HEALTH SERVICE OPERATING AS PART OF  THE  COLLEGE  OR
UNIVERSITY  WHICH PROVIDES TREATMENT TO STUDENTS SHALL PROVIDE, UPON THE
REQUEST OF ANY STUDENT OF SUCH COLLEGE OR UNIVERSITY, EMERGENCY  CONTRA-
CEPTION  IN ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS OF
PRACTICE.
  3. THIS SECTION DOES NOT REQUIRE ANY HEALTH SERVICE TO REMAIN OPEN ANY
HOURS OR DAYS IT ORDINARILY IS NOT OPEN,  OR  TO  PROVIDE  TREATMENT  TO
STUDENTS  IF  IT  ORDINARILY  DOES NOT PROVIDE SUCH SERVICES, OR TO HAVE
AVAILABLE A HEALTH CARE PROFESSIONAL AUTHORIZED TO  WRITE  PRESCRIPTIONS
IF  IT  ORDINARILY  DOES NOT HAVE SUCH A HEALTH CARE PROFESSIONAL AVAIL-
ABLE.
  4. IN IMPLEMENTING THE PROVISIONS OF THIS  SECTION  EACH  COLLEGE  AND
UNIVERSITY SHALL CONSULT WITH REPRESENTATIVES OF HEALTH CARE PRACTITION-
ERS, STUDENTS AND AFFECTED EMPLOYEES.
  §  5.  The  education law is amended by adding a new section 6206-a to
read as follows:
  § 6206-A. EMERGENCY CONTRACEPTION. 1. EACH  INSTITUTION  OF  THE  CITY
UNIVERSITY  OF  NEW  YORK  SHALL  CONSPICUOUSLY  DISPLAY  AT APPROPRIATE
LOCATIONS AROUND THE CAMPUS AND  DISTRIBUTE  TO  STUDENTS  IN  A  MANNER
DETERMINED  BY  SUCH INSTITUTION MATERIALS AND POSTERS RELATING TO EMER-
GENCY CONTRACEPTION, DISTRIBUTED TO IT PURSUANT TO  SUBDIVISION  THIRTY-
ONE  OF  SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW. EACH INSTITU-
TION OF THE CITY UNIVERSITY OF NEW YORK MAY ALSO  APPROVE  INFORMATIONAL
MATERIALS AND POSTERS FROM OTHER SOURCES FOR THE PURPOSES OF THIS SUBDI-
VISION.

A. 6058                             3

  2.  EACH  INSTITUTION OF THE CITY UNIVERSITY OF NEW YORK, IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH,  SHALL  ADOPT  AND  IMPLEMENT  RULES
REQUIRING  THAT  ANY  HEALTH SERVICE OPERATING AS PART OF THE COLLEGE OR
UNIVERSITY WHICH PROVIDES TREATMENT TO STUDENTS SHALL PROVIDE, UPON  THE
REQUEST  OF  ANY STUDENT OF SUCH INSTITUTION, EMERGENCY CONTRACEPTION IN
ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS OF PRACTICE.
  3. THIS SECTION DOES NOT REQUIRE ANY HEALTH SERVICE TO REMAIN OPEN ANY
HOURS OR DAYS IT ORDINARILY IS NOT OPEN,  OR  TO  PROVIDE  TREATMENT  TO
STUDENTS  IF  IT  ORDINARILY  DOES NOT PROVIDE SUCH SERVICES, OR TO HAVE
AVAILABLE A HEALTH CARE PROFESSIONAL AUTHORIZED TO  WRITE  PRESCRIPTIONS
IF  IT  ORDINARILY  DOES NOT HAVE SUCH A HEALTH CARE PROFESSIONAL AVAIL-
ABLE.
  4. IN IMPLEMENTING THE PROVISIONS OF THIS  SECTION  EACH  COLLEGE  AND
UNIVERSITY SHALL CONSULT WITH REPRESENTATIVES OF HEALTH CARE PRACTITION-
ERS, STUDENTS AND AFFECTED EMPLOYEES.
  § 6. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law; provided that any rules, regulations and
informational materials necessary to implement the  provisions  of  this
act  on its effective date are authorized and directed to be promulgated
on or before such date.

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

                                 6058--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2017
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, GUNTHER -- Multi-Sponsored by -- M.
  of A. CAHILL, O'DONNELL, L. ROSENTHAL -- read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  public  health law, in relation to enacting the
  "public university emergency contraception act"

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

  Section  1.    Legislative  findings and intent. The legislature finds
that access to emergency contraception  is  a  basic  measure  that  can
prevent  college students from having an unwanted pregnancy. The federal
Food and Drug Administration has approved the use of  emergency  contra-
ception  as safe and effective in the prevention of pregnancy. Emergency
contraception has been found to have no effect on an  established  preg-
nancy.  Medical  research  strongly  indicates that the sooner emergency
contraception is administered, the better the chance  of  preventing  an
unwanted  pregnancy.  Therefore, the legislature deems it essential that
each college and university of the state university of New York and  the
city  university of New York provide information on emergency contracep-
tion to its students and makes it available to any student who seeks  it
whenever  practicable  and in accordance with applicable law and profes-
sional standards of practice.
  § 2. Short title. This act shall be known and  may  be  cited  as  the
"public university emergency contraception act".
  §  3. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (o) to read as follows:
  (O)(1) ESTABLISHING A STATEWIDE EMERGENCY CONTRACEPTION COLLEGE EDUCA-
TION AND AWARENESS PROGRAM FOR EACH COLLEGE AND UNIVERSITY OF THE  STATE
UNIVERSITY  OF  NEW  YORK  AND  THE CITY UNIVERSITY OF NEW YORK. FOR THE
PURPOSE OF THIS PARAGRAPH, "EMERGENCY CONTRACEPTION" SHALL MEAN  ONE  OR
MORE  PRESCRIPTION DRUGS, USED SEPARATELY OR IN COMBINATION, IN A DOSAGE

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

                                                           LBD03681-02-7

A. 6058--A                          2

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 FOR THAT PURPOSE IN ACCORDANCE WITH APPLI-
CABLE LAW AND PROFESSIONAL STANDARDS OF PRACTICE.
  (2)  THE  DEPARTMENT  SHALL  DEVELOP,  PRODUCE AND DISTRIBUTE TO EVERY
COLLEGE AND UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK AND THE  CITY
UNIVERSITY  OF  NEW YORK INFORMATIONAL MATERIALS AND POSTERS RELATING TO
THE SAFETY AND EFFICACY OF EMERGENCY CONTRACEPTION TO  BE  CONSPICUOUSLY
DISPLAYED  AT  APPROPRIATE LOCATIONS AROUND EACH CAMPUS, AND DISTRIBUTED
TO STUDENTS IN A MANNER TO BE DETERMINED BY EACH COLLEGE AND UNIVERSITY.
THE MATERIALS AND POSTERS SHALL EXPLAIN THE NATURE OF EMERGENCY  CONTRA-
CEPTION,  INCLUDING  THAT  IT IS DEEMED SAFE AND EFFECTIVE IN PREVENTING
PREGNANCY BY THE FEDERAL FOOD AND DRUG ADMINISTRATION,  AND  CANNOT  AND
DOES NOT CAUSE ABORTIONS.
  (3)  IN  IMPLEMENTING  THE PROVISIONS OF THIS PARAGRAPH THE DEPARTMENT
SHALL  CONSULT  WITH  REPRESENTATIVES  OF  HEALTH  CARE   PRACTITIONERS,
STUDENTS AND AFFECTED EMPLOYEES.
  § 4. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law; provided that any rules, regulations and
informational materials necessary to implement the  provisions  of  this
act  on its effective date are authorized and directed to be promulgated
on or before such date.