NY State Senate Bill 2017-S3793A

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2018	print number 3793a
Jan 24, 2018	amend and recommit to higher education
Jan 03, 2018	referred to higher education
Jan 27, 2017	referred to higher education

Bill Amendments

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A (Active)

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2017-S3793 - Details

See Assembly Version of this Bill:: A2674
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:: 2015-2016: A6954
2019-2020: A2808
2021-2022: A5186
2023-2024: A2732

2017-S3793 - Summary

Provides for dispensing emergency contraception under certain conditions.

2017-S3793 - Sponsor Memo

                                 BILL NUMBER:  S3793

 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 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 6829:
emergency contraception; non-patient specific prescription or order.
Subdivision one defines the terms "emergency contraception" and
"prescriber." Subdivision two provides that section 6629 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 (AC00).

Section six amends paragraphs (a) and (b) 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 (g) 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 180'h
day after it shall have become law, provided that the commissioner of
education is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this
act.

 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 post-coital emergency
contraception. Administered in pill form, EC is a higher dosage of
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 75%
to 89% 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 Mifepristone 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 FDA for over the counter sale for
individuals of seventeen years of age or older. In 2013 the age
restriction was lifted and women of all ages can now purchase Plan B
without prescription. Nevertheless, young women in New York State are
still facing some barriers to access EC, as the prescription mandate
for women younger than seventeen years of age is still in effect for
other brands of 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 120,349 induced abortions in 2002, of which 9,155
were performed on girls ages seventeen and under, according to the New
York State Department of Health (NYSDOH). Medical experts, including
the American College of Obstetricians and Gynecologists (ACOG),
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 5495 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 (YRBS) 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 VI 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 (1-888-NOT-2-LATE). Calls
from Washington State to the hotline increased tenfold, 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 EC. 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.

 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.

2017-S3793 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3793
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  AVELLA,  BAILEY,  HOYLMAN,  MONTGOMERY,
   PERKINS, SERRANO, STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, 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".
   § 2. Legislative findings. The United States Food  and  Drug  Adminis-
 tration  (FDA) has declared emergency contraceptive drugs to be safe and
 effective. There is neither medical  nor  public  health  research  that
 validates  an age restriction on access to emergency contraception (EC).
 Furthermore, no specific medical conditions preclude a woman from  using
 EC. The only contraindication to EC use is pregnancy itself, not because
 it  represents  a  danger  to  the woman or to the embryo but because it
 would be inefficient in preventing the pregnancy. Pregnancy  prevention,
 not abortion, is caused by the use of emergency contraceptive drugs.
   The legislature deems it necessary to guarantee immediate access to EC
 to  all,  especially young women. Nearly thirty percent of United States
 teenage girls become pregnant before reaching twenty years of age. Teens
 are more likely than adults to experience contraceptive  failure,  which
 may  lead  to  unintended pregnancies and consequently dangerous medical
 issues for both mother and baby.
   The legislature deems it necessary to create a structure for simplify-
 ing access to EC for these women, while respecting  and  preserving  the
 prescribing  scope  of practice for 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 scope of such professions,  nor  does
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07629-01-7

 S. 3793                             2
 
 this  legislation  interfere with non-prescription access to EC where it
 is otherwise lawful.
   §  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,
 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:
   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[.];
   [(g)] (VII) screening of persons at increased risk of syphilis, gonor-
 rhea and chlamydia[.];
   (VIII)  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.
   §  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-
 TWO OF THIS ARTICLE.
   § 5. 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 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  ADMINIS-
 TRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.

 S. 3793                             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 EMER-
 GENCY 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.
   §  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, 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 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[.];
   [(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 overdose
 or suspected opioid related overdose[.];
   [(g)](VII) screening of persons at increased risk for syphilis, gonor-
 rhea and chlamydia[.];

 S. 3793                             4
 
   (VIII)  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.
   §  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.
   §  8.  Section  6951  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
 REGIMEN   PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER,
 CONSISTENT WITH THIS SECTION AND 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.
   §  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-TWO  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
 ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
 TY-TWO  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
 THROUGH A PRESCRIPTION OR ORDER.
   § 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-TWO  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
 ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
 TY-TWO  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
 THROUGH A PRESCRIPTION OR ORDER.
   § 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-TWO  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
 ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
 TY-TWO  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
 THROUGH A PRESCRIPTION OR ORDER.
   § 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 on the one hundred eightieth day
 after it shall have become a law; provided, however, that sections nine,

 S. 3793                             5

 ten and eleven of this act shall apply to policies and contracts issued,
 renewed, modified, altered or amended on or after such  effective  date.
 The  commissioner  of  education is authorized to promulgate any and all
 rules and regulations and take any other measures necessary to implement
 this act on its effective date on or before such effective date.

co-Sponsors

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2017-S3793A (ACTIVE) - Details

See Assembly Version of this Bill:: A2674
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:: 2015-2016: A6954
2019-2020: A2808
2021-2022: A5186
2023-2024: A2732

2017-S3793A (ACTIVE) - Summary

Provides for dispensing emergency contraception under certain conditions.

2017-S3793A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3793A

SPONSOR: KRUEGER
 
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 contracep-
tion under certain conditions

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will help to reduce the number of unintended pregnan-
cies 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 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 stay 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 pharma-
cist 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
add 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 practi-
tioner, or licensed midwife.

Section five amends the education law by adding a new section 6829 to
the education law: emergency contraception; non-patient specific
prescription or order. Subdivision one defines the terms "emergency
contraception" and "prescriber." Subdivision two provides that section
6629 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 emer-
gency contraception by a registered professional nurse or licensed phar-
macist shall be done in accordance with professional standards of prac-
tice 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
(AC00).

Section six amends paragraphs (a) and (b) of subdivision four of section
6909 of the education law. Paragraph (a) provides that emergency contra-
ception 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 (o) to subdivision one of section
2.07 of the public health law to broaden the education and outreach
program to include information on emergency contraception and its safe-
ty, 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 take 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 post-coital emergency contraception. Adminis-
tered in pill form, EC is a higher dosage of 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 75% to 89% 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,
inter-Course. EC will not cause an abortion; it is not the same as
RU-486 (also known as Mifepristone or the medical abortion Pill) 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 FDA for over
the counter Sale for individuals of seventeen years of age or older. In
2013 the age restriction was lifted and women of all age scan now
purchase Plan B without prescription. Nevertheless, young,women in New
York State are still facing some barriers to access EC, as the
prescription mandate for women younger than seventeen years of age is
still in effect for other brands of 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 hour, long waits, or inconvenient locations.  By accessing
EC in this manner, young women will have the opportunity to ask ques-
tions 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 120,349 induced abortions in 2002, of which 9,155 were
performed on girls ages seventeen and under, according to the New York
State Department of Health (NYSDOH). Medical experts, including the
American College of Obstetricians and Gynecologists (ACOG), 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 unin-
tended 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 5495 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 (YRBS) 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
BC 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 VI
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 emergen-
cy contraception hotline (1-888-NOT-2-LATE). Calls from Washington State
to the hotline increased tenfold, an average of 1,160 per month, after
the campaign was launched, indicating; that outreach programs are effec-
tive. 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 EC. By allowing women the chance to prevent an unintended pregnan-
cy, 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.

 
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.

2017-S3793A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3793--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by Sens. KRUEGER, AVELLA, BAILEY, HOYLMAN, MONTGOMERY, PARK-
   ER, SERRANO, STAVISKY -- 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".
   §  2.  Legislative  findings. The United States Food and Drug Adminis-
 tration (FDA) has declared emergency contraceptive drugs to be safe  and
 effective.  There  is  neither  medical  nor public health research that
 validates an age restriction on access to emergency contraception  (EC).
 Furthermore,  no specific medical conditions preclude a woman from using
 EC. The only contraindication to EC use is pregnancy itself, not because
 it represents a danger to the woman or to  the  embryo  but  because  it
 would  be inefficient in preventing the pregnancy. Pregnancy prevention,
 not abortion, is caused by the use of emergency contraceptive drugs.
   The legislature deems it necessary to guarantee immediate access to EC
 to all, especially young women. Nearly thirty percent of  United  States
 teenage girls become pregnant before reaching twenty years of age. Teens
 are  more  likely than adults to experience contraceptive failure, which
 may lead to unintended pregnancies and  consequently  dangerous  medical
 issues for both mother and baby.
   The legislature deems it necessary to create a structure for simplify-
 ing  access  to  EC for these women, while respecting and preserving the
 prescribing scope of practice for physicians, nurse  practitioners,  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07629-03-8

 S. 3793--A                          2
 
 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 scope of such professions, nor does
 this  legislation  interfere with non-prescription access to EC where it
 is otherwise lawful.
   § 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,
 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:
   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[.];
   [(g)] (VII) screening of persons at increased risk of syphilis, gonor-
 rhea and chlamydia[.];
   (VIII) 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.
   § 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-
 TWO OF THIS ARTICLE.
   § 5. 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  NON-
 PRESCRIPTION  DRUGS,  USED SEPARATELY OR IN COMBINATION, IN A DOSAGE AND

 S. 3793--A                          3
 
 MANNER FOR PREVENTING PREGNANCY WHEN USED AFTER INTERCOURSE, FOUND  SAFE
 AND  EFFECTIVE  FOR THAT USE BY THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION, 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  EMER-
 GENCY  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.
   § 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, 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 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[.];
   [(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 overdose
 or suspected opioid related overdose[.];

 S. 3793--A                          4
 
   [(g)](VII) screening of persons at increased risk for syphilis, gonor-
 rhea and chlamydia[.];
   (VIII)  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.
   §  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.
   §  8.  Section  6951  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
 REGIMEN   PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER,
 CONSISTENT WITH THIS SECTION AND 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.
   §  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-TWO  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
 ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
 TY-TWO  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
 THROUGH A PRESCRIPTION OR ORDER.
   § 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-TWO  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
 ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
 TY-TWO  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
 THROUGH A PRESCRIPTION OR ORDER.
   § 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-TWO  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
 ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
 TY-TWO  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
 THROUGH A PRESCRIPTION OR ORDER.
   § 12. Subdivision 1 of section 207 of the public health law is amended
 by adding a new paragraph (o) to read as follows:
   (O) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT  ITS  SAFETY,
 EFFICACY, APPROPRIATE USE AND AVAILABILITY.

 S. 3793--A                          5
 
   §  13.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that sections nine,
 ten and eleven of this act shall apply to policies and contracts issued,
 renewed, modified, altered or amended on or after such  effective  date.
 The  commissioner  of  education is authorized to promulgate any and all
 rules and regulations and take any other measures necessary to implement
 this act on its effective date on or before such effective date.

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Senate Bill S3793A

Sponsored By

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

Bill Amendments

co-Sponsors

2017-S3793 - Details

2017-S3793 - Summary

2017-S3793 - Sponsor Memo

2017-S3793 - Bill Text download pdf

co-Sponsors

2017-S3793A (ACTIVE) - Details

2017-S3793A (ACTIVE) - Summary

2017-S3793A (ACTIVE) - Sponsor Memo

2017-S3793A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3793A

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Sponsored By

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

Bill Amendments

co-Sponsors

2017-S3793 - Details

2017-S3793 - Summary

2017-S3793 - Sponsor Memo

2017-S3793 - Bill Text download pdf

co-Sponsors

2017-S3793A (ACTIVE) - Details

2017-S3793A (ACTIVE) - Summary

2017-S3793A (ACTIVE) - Sponsor Memo

2017-S3793A (ACTIVE) - Bill Text download pdf

Comments