The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1060
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, THIELE, COOK, RIVERA, SEAWRIGHT, DINOW-
   ITZ,  BICHOTTE HERMELYN,  BARRETT,  KELLES,  HEVESI,   GONZALEZ-ROJAS,
   SILLITTI,  DICKENS,  REYES,  MAMDANI,  ROZIC, EPSTEIN, JACKSON, STECK,
   L. ROSENTHAL, CARROLL, BURDICK, SIMON,  BURGOS,  LUNSFORD,  GALLAGHER,
   LAVINE,  CLARK, GLICK, OTIS -- read once and referred to the Committee
   on Higher Education
 
 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 ONE 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 ONE OF THIS ARTICLE, MEANS SELF-ADMINISTERED
 CONTRACEPTIVE  MEDICATIONS  OR  DEVICES APPROVED BY THE FEDERAL FOOD AND
 DRUG ADMINISTRATION TO PREVENT PREGNANCY BY USING HORMONES  TO  REGULATE
 OR PREVENT OVULATION, AND INCLUDES ORAL HORMONAL CONTRACEPTIVES, HORMON-
 AL CONTRACEPTIVE VAGINAL RINGS AND HORMONAL CONTRACEPTIVE PATCHES.
   §  3.  Section  6801  of  the education law is amended by adding a new
 subdivision 9 to read as follows:
    9. 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.
                                                            LBD02138-02-3

 A. 1060                             2
 
 PRACTITIONER  OR THE COMMISSIONER OF HEALTH, PURSUANT TO RULES AND REGU-
 LATIONS  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 IN CONSULTATION  WITH
 THE  COMMISSIONER AND MADE AVAILABLE IN ENGLISH BY COVERED PHARMACIES AS
 DEFINED IN SUBDIVISION ONE OF SECTION   SIXTY-EIGHT HUNDRED  TWENTY-NINE
 OF  THIS  ARTICLE  IN THE PHARMACY PRIMARY LANGUAGES AS DEFINED IN PARA-
 GRAPH (E) OF SUBDIVISION ONE OF SECTION SIXTY-EIGHT HUNDRED  TWENTY-NINE
 OF THIS ARTICLE, TO BE UTILIZED AND ASSESSED BY THE PHARMACIST TO ASSIST
 THE  PATIENT  IN  SELECTING  AN  APPROPRIATE  SELF-ADMINISTERED HORMONAL
 CONTRACEPTIVE; AND
   (II) PROVIDE THE PATIENT WITH A FACT SHEET, DEVELOPED BY  THE  COMMIS-
 SIONER OF HEALTH AND MADE AVAILABLE IN ENGLISH AND BY COVERED PHARMACIES
 AS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE
 OF  THIS  ARTICLE  IN THE PHARMACY PRIMARY LANGUAGES AS DEFINED IN PARA-
 GRAPH (E) OF SUBDIVISION ONE OF SECTION SIXTY-EIGHT HUNDRED  TWENTY-NINE
 OF  THIS  ARTICLE,  THAT  INCLUDES  BUT  IS NOT LIMITED TO, THE CLINICAL
 CONSIDERATIONS AND RECOMMENDATIONS  FOR  USE  OF  THE  SELF-ADMINISTERED
 HORMONAL  CONTRACEPTIVE,  THE APPROPRIATE METHOD FOR USING SUCH HORMONAL
 CONTRACEPTIVE, INFORMATION ON THE IMPORTANCE OF FOLLOW-UP  HEALTH  CARE,
 HEALTH  CARE REFERRAL INFORMATION, AND THE ABILITY OF THE PATIENT TO OPT
 OUT OF PRACTITIONER REPORTING REQUIREMENTS.
   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,  UNLESS THE PATIENT OPTS OUT OF SUCH NOTIFICATION, WITHIN SEVEN-
 TY-TWO HOURS OF DISPENSING A SELF-ADMINISTERED  HORMONAL  CONTRACEPTIVE,
 THAT  SUCH  SELF-ADMINISTERED HORMONAL CONTRACEPTIVE 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  A  NON-PATIENT  SPECIFIC REGIMEN OF SELF-ADMINISTERED
 HORMONAL CONTRACEPTIVE PURSUANT TO THIS SUBDIVISION IF, IN THEIR PROFES-
 SIONAL JUDGMENT, POTENTIAL ADVERSE EFFECTS, INTERACTIONS OR OTHER THERA-
 PEUTIC 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  ONE  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.