S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4091--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GONZALEZ-ROJAS, RAGA, ARDILA, LAVINE, SIMON,
   KELLES, DICKENS, SIMONE, SHRESTHA, HYNDMAN, BORES, SEAWRIGHT, CARROLL,
   EPSTEIN, WALKER,  GALLAGHER,  STECK,  SHIMSKY,  FORREST,  GIBBS,  LEE,
   PAULIN, REYES, L. ROSENTHAL, HUNTER, LEVENBERG, BURDICK, TAPIA, CLARK,
   ROZIC, BURGOS, BRONSON, PHEFFER AMATO -- 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, in relation to requiring institutions
   within the state university of New York and the city university of New
   York to have at least one vending machine on campus which makes  emer-
   gency contraception available for purchase
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 355 of the education law is amended by adding a new
 subdivision 22 to read as follows:
   22. THE STATE  UNIVERSITY  TRUSTEES  SHALL  ADOPT  A  POLICY  FOR  THE
 PROVISION  OF  EMERGENCY CONTRACEPTION AVAILABLE FOR PURCHASE THROUGH AT
 LEAST ONE VENDING MACHINE, EXISTING OR NEW, LOCATED ON EACH  STATE-OPER-
 ATED  INSTITUTION IN THE STATE UNIVERSITY NO LATER THAN SIX MONTHS AFTER
 THE EFFECTIVE DATE OF THIS SUBDIVISION.   THE VENDING MACHINE  SHALL  BE
 LOCATED  IN A SECURE AND ACCESSIBLE AREA OF CAMPUS.  THE LOCATION OF THE
 VENDING MACHINE SHALL BE INCLUDED ON THE INSTITUTION'S WEBSITE.
   (A)  EMERGENCY  CONTRACEPTION  MADE  AVAILABLE  THROUGH  EACH  VENDING
 MACHINE SHALL SATISFY, AT A MINIMUM, ALL OF THE FOLLOWING REQUIREMENTS:
   (I)  THE EMERGENCY CONTRACEPTION SHALL BE SOLD ONLY IN THE MANUFACTUR-
 ER'S CLEARLY LABELED, ORIGINAL, UNBROKEN, TAMPER-PROOF, AND  EXPIRATION-
 DATED PACKAGING.
   (II) THE EMERGENCY CONTRACEPTION MAY NOT BE OLDER THAN THE MANUFACTUR-
 ER'S EXPIRATION DATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06958-17-4
              
             
                          
                 A. 4091--A                          2
 
   (III)  THE  EMERGENCY CONTRACEPTION SHALL BE STORED IN ACCORDANCE WITH
 MANUFACTURER RECOMMENDATIONS.
   (IV)  THE  EMERGENCY  CONTRACEPTION  SHALL BE MADE AVAILABLE AT A COST
 EQUAL TO:  (1) TWENTY PERCENT OF THE FAIR MARKET VALUE OF AN  EQUIVALENT
 TYPE OF EMERGENCY CONTRACEPTION; OR (2) THE WHOLESALE PURCHASE PRICE.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EMERGENCY CONTRA-
 CEPTION" MEANS OVER-THE-COUNTER MEDICATION TO BE SELF-ADMINISTERED  THAT
 IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT CAN SIGNIF-
 ICANTLY  REDUCE  THE RISK OF PREGNANCY IF TAKEN WITHIN SEVENTY-TWO HOURS
 AFTER UNPROTECTED SEXUAL INTERCOURSE.
   § 2. Section 6206 of the education law is  amended  by  adding  a  new
 subdivision 23 to read as follows:
   23. THE BOARD OF TRUSTEES SHALL ADOPT A POLICY REQUIRING THE PROVISION
 OF  EMERGENCY  CONTRACEPTION AVAILABLE FOR PURCHASE THROUGH AT LEAST ONE
 VENDING MACHINE, EXISTING OR NEW, LOCATED ON  EACH  INSTITUTION  OF  THE
 CITY UNIVERSITY OF NEW YORK NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE
 DATE  OF  THIS  SUBDIVISION.  THE  VENDING MACHINE SHALL BE LOCATED IN A
 SECURE AND ACCESSIBLE AREA OF CAMPUS.    THE  LOCATION  OF  THE  VENDING
 MACHINE SHALL BE INCLUDED ON THE INSTITUTION'S WEBSITE.
   (A)  EMERGENCY  CONTRACEPTION  MADE  AVAILABLE  THROUGH  EACH  VENDING
 MACHINE SHALL SATISFY, AT A MINIMUM, ALL OF THE FOLLOWING REQUIREMENTS:
   (I) THE EMERGENCY CONTRACEPTION SHALL BE SOLD ONLY IN THE  MANUFACTUR-
 ER'S  CLEARLY LABELED, ORIGINAL, UNBROKEN, TAMPER-PROOF, AND EXPIRATION-
 DATED PACKAGING.
   (II) THE EMERGENCY CONTRACEPTION MAY NOT BE OLDER THAN THE MANUFACTUR-
 ER'S EXPIRATION DATE.
   (III) THE EMERGENCY CONTRACEPTION SHALL BE STORED IN  ACCORDANCE  WITH
 MANUFACTURER RECOMMENDATIONS.
   (IV)  THE  EMERGENCY  CONTRACEPTION  SHALL BE MADE AVAILABLE AT A COST
 EQUAL TO:  (1) TWENTY PERCENT OF THE FAIR MARKET VALUE OF AN  EQUIVALENT
 TYPE OF EMERGENCY CONTRACEPTION; OR (2) THE WHOLESALE PURCHASE PRICE.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EMERGENCY CONTRA-
 CEPTION" MEANS OVER-THE-COUNTER MEDICATION TO BE SELF-ADMINISTERED  THAT
 IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT CAN SIGNIF-
 ICANTLY  REDUCE  THE RISK OF PREGNANCY IF TAKEN WITHIN SEVENTY-TWO HOURS
 AFTER UNPROTECTED SEXUAL INTERCOURSE.
   § 3. This act shall take effect immediately.