The New York State Senate

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

    S. 659                                                    A. 585

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

IN  SENATE  --  Introduced  by  Sens. SALAZAR, METZGER, ADDABBO, BAILEY,
  BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANAR-
  IS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH,
  KENNEDY, KRUEGER, LIU, MARTINEZ, MAY, MAYER, MONTGOMERY, MYRIE,  PARK-
  ER,  PERSAUD,  RAMOS,  RIVERA,  SANDERS,  SAVINO,  SEPULVEDA, SERRANO,
  SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Insur-
  ance

IN ASSEMBLY -- Introduced  by  M.  of  A.  CAHILL,  SEAWRIGHT,  HEASTIE,
  L. ROSENTHAL,   GLICK,  JAFFEE,  SIMOTAS,  GOTTFRIED,  BARRON,  BLAKE,
  BARRETT, MAGNARELLI, BRONSON, LAVINE,  CARROLL,  GALEF,  OTIS,  SIMON,
  HYNDMAN,  RAMOS,  D'URSO,  PEOPLES-STOKES,  PICHARDO,  ORTIZ, WOERNER,
  BURKE, CRUZ, FALL, FRONTUS, GRIFFIN, JACOBSON, McMAHON, RAYNOR, ROMEO,
  REYES, SAYEGH -- Multi-Sponsored by -- M. of A.  BRAUNSTEIN, BUCHWALD,
  COOK, EPSTEIN, LIFTON, LUPARDO, MOSLEY, ROZIC, THIELE, TITUS  --  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".

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

                                                           LBD06618-01-9

S. 659                              2                             A. 585

  § 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.
  (A)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY, 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.

S. 659                              3                             A. 585

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.
  (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 TWENTY, 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:

S. 659                              4                             A. 585

  (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;
  (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

S. 659                              5                             A. 585

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
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

S. 659                              6                             A. 585

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:
  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

S. 659                              7                             A. 585

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
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.  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.    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;

S. 659                              8                             A. 585

  (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:
  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 (p) to read as follows:
  (P) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT  ITS  SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
  §  13. Severability clause. If any provision of this act or the appli-
cation thereof is held invalid, such invalidity shall not  affect  other
provisions or applications of this act which can be given effect without
the  invalid provision or application, and to this end the provisions of
this act are declared to be severable.
  § 14. This act shall  take  effect  January  1,  2020;  provided  that
section  six  of  this  act shall take effect January 1, 2021; 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.