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.