S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2808
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, GOTTFRIED, ENGLEBRIGHT, GALEF, GLICK,
   L. ROSENTHAL, FAHY, ABINANTI, STECK, SEAWRIGHT, WEPRIN --  Multi-Spon-
   sored  by  -- M. of A. AUBRY, CAHILL, COOK, CROUCH, DINOWITZ, GUNTHER,
   HEVESI, JAFFEE, LIFTON, LUPARDO, PERRY,  PRETLOW,  THIELE,  WRIGHT  --
   read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00639-01-9

 A. 2808                             2
 
 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
 MANNER  FOR PREVENTING PREGNANCY WHEN USED AFTER INTERCOURSE, FOUND SAFE

 A. 2808                             3
 
 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[.];

 A. 2808                             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 (p) to read as follows:
   (P) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT  ITS  SAFETY,
 EFFICACY, APPROPRIATE USE AND AVAILABILITY.

 A. 2808                             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.