The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5186--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 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, DINOWITZ, GUNTHER, HEVESI,
   LUPARDO, PERRY, PRETLOW, THIELE --  read  once  and  referred  to  the
   Committee on Higher Education -- recommitted to the Committee on High-
   er  Education  in accordance with Assembly Rule 3, sec. 2 -- 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01965-02-2
 A. 5186--A                          2

 
   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
 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-THREE 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-THREE 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-
 THREE OF THIS ARTICLE.
   § 5. The education law is amended by adding a new section 6833 to read
 as follows:
 A. 5186--A                          3
 
   § 6833. 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.
   (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[.];
 A. 5186--A                          4

   [(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[.];
   (VIII) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED  TO
 BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
 THIRTY-THREE 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-THREE 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-THREE 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-THREE 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-THREE OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO  AN
 ORDINARY  PRESCRIPTION  OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
 TY-THREE 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 (u) to read as follows:
   (U) 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-THREE OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO  AN
 ORDINARY  PRESCRIPTION  OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
 TY-THREE 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-THREE OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO  AN
 ORDINARY  PRESCRIPTION  OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
 A. 5186--A                          5

 TY-THREE 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 (q) to read as follows:
   (Q)  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,
 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.