S T A T E O F N E W Y O R K
________________________________________________________________________
6698--A
2021-2022 Regular Sessions
I N S E N A T E
May 12, 2021
___________
Introduced by Sens. STAVISKY, BIAGGI, BRISPORT, CLEARE, KENNEDY, MYRIE,
RAMOS, RIVERA, SALAZAR -- 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, in relation to the dispensing of
self-administered hormonal contraceptives
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6527 of the education law is amended by adding a
new subdivision 11 to read as follows:
11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC REGIMEN TO A PHARMACIST LICENSED AND LOCATED IN THE STATE, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH
SECTION SIXTY-EIGHT HUNDRED SEVEN OF THIS TITLE, FOR DISPENSING SELF-AD-
MINISTERED HORMONAL CONTRACEPTIVES AS DEFINED IN SECTION SIXTY-EIGHT
HUNDRED TWO OF THIS TITLE.
§ 2. Section 6802 of the education law is amended by adding a new
subdivision 29 to read as follows:
29. "SELF-ADMINISTERED HORMONAL CONTRACEPTIVES", FOR THE PURPOSE OF
SECTION SIXTY-EIGHT HUNDRED SEVEN OF THIS ARTICLE, MEANS SELF-ADMINIS-
TERED CONTRACEPTIVE MEDICATIONS OR DEVICES APPROVED BY THE FEDERAL FOOD
AND DRUG ADMINISTRATION TO PREVENT PREGNANCY BY USING HORMONES TO REGU-
LATE OR PREVENT OVULATION, AND INCLUDES ORAL HORMONAL CONTRACEPTIVES,
HORMONAL CONTRACEPTIVE VAGINAL RINGS AND HORMONAL CONTRACEPTIVE PATCHES.
§ 3. Section 6807 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. A. A PHARMACIST LICENSED AND LOCATED IN THE STATE MAY DISPENSE A
NON-PATIENT SPECIFIC REGIMEN OF SELF-ADMINISTERED HORMONAL CONTRACEP-
TIVES, PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN OR CERTIFIED NURSE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01980-05-2
S. 6698--A 2
PRACTITIONER, PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER, IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
B. PRIOR TO DISPENSING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES TO A
PATIENT, AND AT A MINIMUM OF EVERY TWELVE MONTHS FOR EACH RETURNING
PATIENT, THE PHARMACIST SHALL:
(I) PROVIDE THE PATIENT WITH A SELF-SCREENING RISK ASSESSMENT QUES-
TIONNAIRE, DEVELOPED BY THE COMMISSIONER OF HEALTH AND MADE AVAILABLE IN
ENGLISH AND THE TOP SIX LANGUAGES SPOKEN IN THE STATE, ACCORDING TO THE
LATEST AVAILABLE DATA FROM THE UNITED STATES CENSUS BUREAU, TO BE USED
BY THE PATIENT TO HELP THE PATIENT SELECT AN APPROPRIATE SELF-ADMINIS-
TERED HORMONAL CONTRACEPTIVE; AND
(II) PROVIDE THE PATIENT WITH A FACT SHEET, DEVELOPED BY THE COMMIS-
SIONER OF HEALTH AND MADE AVAILABLE IN ENGLISH AND THE TOP SIX LANGUAGES
SPOKEN IN THE STATE, ACCORDING TO THE LATEST AVAILABLE DATA FROM THE
UNITED STATES CENSUS BUREAU, THAT INCLUDES BUT IS NOT LIMITED TO, THE
CLINICAL CONSIDERATIONS AND RECOMMENDATIONS FOR USE OF THE SELF-ADMINIS-
TERED HORMONAL CONTRACEPTIVE, THE APPROPRIATE METHOD FOR USING SUCH
HORMONAL CONTRACEPTIVE, INFORMATION ON THE IMPORTANCE OF FOLLOW-UP
HEALTH CARE, AND HEALTH CARE REFERRAL INFORMATION.
C. THE COMMISSIONER MAY REQUIRE PHARMACISTS TO UNDERGO TRAINING
RELATED TO THE PROVISIONS OF THIS SUBDIVISION.
D. A PHARMACIST SHALL NOTIFY THE PATIENT'S PRIMARY HEALTH CARE PRACTI-
TIONER, WITHIN SEVENTY-TWO HOURS OF DISPENSING A SELF-ADMINISTERED
HORMONAL CONTRACEPTIVE, THAT SUCH SELF-ADMINISTERED HORMONAL CONTRACEP-
TIVE HAS BEEN DISPENSED. IF THE PATIENT DOES NOT HAVE A PRIMARY HEALTH
CARE PRACTITIONER, OR IS UNABLE TO PROVIDE CONTACT INFORMATION FOR THEIR
PRIMARY HEALTH CARE PRACTITIONER, THE PHARMACIST SHALL PROVIDE THE
PATIENT WITH A WRITTEN RECORD OF THE CONTRACEPTIVES DISPENSED, AND
ADVISE THE PATIENT TO CONSULT AN APPROPRIATE HEALTH CARE PRACTITIONER.
E. NOTHING IN THIS SUBDIVISION SHALL PREVENT A PHARMACIST FROM REFUS-
ING TO DISPENSE PURSUANT TO THIS SUBDIVISION IF, IN THEIR PROFESSIONAL
JUDGMENT, POTENTIAL ADVERSE EFFECTS, INTERACTIONS OR OTHER THERAPEUTIC
COMPLICATIONS COULD ENDANGER THE HEALTH OF THE PATIENT.
§ 4. Section 6909 of the education law is amended by adding a new
subdivision 11 to read as follows:
11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
TIENT SPECIFIC REGIMEN TO A PHARMACIST LICENSED AND LOCATED IN THE
STATE, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND
CONSISTENT WITH SECTION SIXTY-EIGHT HUNDRED SEVEN OF THIS TITLE, FOR
DISPENSING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AS DEFINED IN
SECTION SIXTY-EIGHT HUNDRED TWO OF THIS TITLE.
§ 5. This act shall take effect eighteen months after it shall have
become a law. 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 to be made and completed
on or before such effective date.