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.