NY State Senate Bill 2023-S4400

Senate Bill S4400

2023-2024 Legislative Session

Requires each institution within the state university of New York and the city university of New York to have at least one vending machine making emergency contraception available for purchase

download bill text pdf

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2024	print number 4400b
Apr 04, 2024	amend and recommit to higher education
Jan 03, 2024	referred to higher education
May 31, 2023	print number 4400a
May 31, 2023	amend and recommit to higher education
Feb 08, 2023	referred to higher education

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-S4400 - Details

See Assembly Version of this Bill:: A4091
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L

2023-S4400 - Summary

Requires each institution within the state university of New York and the city university of New York to have at least one vending machine making emergency contraception available for purchase.

2023-S4400 - Sponsor Memo

                                 
BILL NUMBER: S4400

SPONSOR: WEBB
 
TITLE OF BILL:

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 emergen-
cy contraception available for purchase

 
PURPOSE:

Requires each institution within the state university of New York and
the city university of New York to have at least one vending machine
making emergency contraception available for purchase.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 355 of the education law by adding a new para-
graph g to provide emergency contraception for purchase through at least
one vending machine located on a state- operated institution and statu-
tory or contract colleges in the state university.

Section 2 amends section 6206 of the education law by adding a new
subdivision 22 which states that the board of trustees must adopt a
policy requiring the provision of emergency contraception available
through at least one vending machine located on each institution of the
city university of New York. This vending machine must also be located
in an area where students can access the emergency contraceptive on
weekends or after class hours.

Section 3 sets an effective date.

 
JUSTIFICATION:

According to the Guttmacher Institute study, low income, African Ameri-
can, and women ages 18-24 have disproportionately higher rates of unin-
tended pregnancy. This mimics the age range of college students enroll-
ing by age 18 and getting their degree of completion around age 21 to 24
years old. A 2016 National College Health Association survey found that
55 percent of college women used a method of contraception with the
majority of them stating to have used oral contraceptives (American
College Health Association 2016).

This same demographic of students struggle with accessing contraception
on and off campus. Emergency contraceptives are not provided in many
healthcare centers on college campuses, and a 2017 survey found that 40
percent of pharmacies did not stock over-the-counter emergency contra-
ceptives on the shelf (American Society for Emergency Contraception
2018; Miller and Sawyer 2006).  Due to these circumstances students are
forced to go to term. In 2011, 76 percent of pregnancies among 18-19
year olds were unintended and 59 percent were unintended among 20-24
year olds (Institute for Women's Policy Research).

A Beginning Postsecondary Student Survey data displayed that one-third
of all student parents earn either a degree or certificate within six
years of them enrolling at a four year institution (Institute for
Women's Policy Research). Due to the hurdles that arise from parenthood
students often have to extend their time in college in order to complete
their academic journeys which is not a luxury many can afford based on
financial factors.

The provision of emergency contraception on city and state campuses is a
form of reproductive care which can prevent students from having unin-
tended pregnancies. This bill will ensure that every student has access
to affordable emergency contraception on state and city of New York
college campuses granting .them a fair chance to achieve academically.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4400 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4400
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 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. Subdivision 1 of  section  355  of  the  education  law  is
 amended by adding a new paragraph g to read as follows:
   G.  THE  PROVISION  OF  EMERGENCY CONTRACEPTION AVAILABLE FOR PURCHASE
 THROUGH AT LEAST ONE VENDING  MACHINE  LOCATED  ON  EACH  STATE-OPERATED
 INSTITUTION  AND STATUTORY OR CONTRACT COLLEGES IN THE STATE UNIVERSITY.
 THE VENDING MACHINE SHALL BE LOCATED IN AN AREA OF CAMPUS WHERE STUDENTS
 CAN ACCESS THE EMERGENCY CONTRACEPTION ON WEEKENDS OR AFTER CLASS HOURS.
   (1)  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  REDUCED
 PRICE, WHICH SHALL NOT EXCEED FORTY DOLLARS.
   (2) EACH VENDING MACHINE SHALL HAVE, AT A MINIMUM:
   (I)  AN  OBVIOUS  AND LEGIBLE STATEMENT ON THE MACHINE THAT IDENTIFIES
 THE OWNER OF THE MACHINE;
   (II) A TOLL-FREE TELEPHONE NUMBER AT WHICH THE  CONSUMER  MAY  CONTACT
 THE OWNER OF THE MACHINE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06958-01-3

 S. 4400                             2
 
   (III)  A  STATEMENT ADVISING THE CONSUMER TO CHECK THE EXPIRATION DATE
 OF THE PRODUCT BEFORE USING THE PRODUCT.
   (3) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "EMERGENCY CONTRACEP-
 TION"  MEANS  MEDICATION  APPROVED BY THE FEDERAL FOOD AND DRUG ADMINIS-
 TRATION THAT CAN SIGNIFICANTLY 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 22 to read as follows:
   22. THE BOARD OF TRUSTEES SHALL ADOPT A POLICY REQUIRING THE PROVISION
 OF EMERGENCY CONTRACEPTION AVAILABLE FOR PURCHASE THROUGH AT  LEAST  ONE
 VENDING  MACHINE  LOCATED  ON EACH INSTITUTION OF THE CITY UNIVERSITY OF
 NEW YORK. THE VENDING MACHINE SHALL BE LOCATED  IN  AN  AREA  OF  CAMPUS
 WHERE  STUDENTS  CAN  ACCESS  THE EMERGENCY CONTRACEPTION ON WEEKENDS OR
 AFTER CLASS HOURS.
   (1)  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  REDUCED
 PRICE, WHICH SHALL NOT EXCEED FORTY DOLLARS.
   (2) EACH VENDING MACHINE SHALL HAVE, AT A MINIMUM:
   (I)  AN  OBVIOUS  AND LEGIBLE STATEMENT ON THE MACHINE THAT IDENTIFIES
 THE OWNER OF THE MACHINE;
   (II) A TOLL-FREE TELEPHONE NUMBER AT WHICH THE  CONSUMER  MAY  CONTACT
 THE OWNER OF THE MACHINE; AND
   (III)  A  STATEMENT ADVISING THE CONSUMER TO CHECK THE EXPIRATION DATE
 OF THE PRODUCT BEFORE USING THE PRODUCT.
   (3) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EMERGENCY  CONTRA-
 CEPTION" MEANS MEDICATION APPROVED BY THE FEDERAL FOOD AND DRUG ADMINIS-
 TRATION  THAT  CAN  SIGNIFICANTLY  REDUCE THE RISK OF PREGNANCY IF TAKEN
 WITHIN SEVENTY-TWO HOURS AFTER UNPROTECTED SEXUAL INTERCOURSE.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S4400A - Details

See Assembly Version of this Bill:: A4091
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L

2023-S4400A - Summary

Requires each institution within the state university of New York and the city university of New York to have at least one vending machine making emergency contraception available for purchase.

2023-S4400A - Sponsor Memo

                                 
BILL NUMBER: S4400A

SPONSOR: WEBB
 
TITLE OF BILL:

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 emergen-
cy contraception available for purchase

 
PURPOSE:

Requires each institution within the state university of New York and
the city university of New York to have at least one vending machine
making emergency contraception available for purchase.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 355 of the education law by adding a new subdi-
vision 22 to direct the board of trustees to provide emergency contra-
ception for purchase through at least one new or existing vending
machine located on a state-operated institution in the state university

system.

Section 2 amends section 6206 of the education law by adding a new
subdivision 22 which states that the board of trustees must adopt a
policy requiring the provision of emergency contraception available
through at least one vending machine located on each institution of the
city university of New York.

Section 3 sets an effective date.

 
JUSTIFICATION:

According to the Guttmacher Institute study, low income, African Ameri-
can, and women ages 18-24 have disproportionately higher rates of unin-
tended pregnancy. This mimics the age range of college students enroll-
ing by age 18 and getting their degree of completion around age 21 to 24
years old. A 2016 National College Health Association survey found that
55 percent of college women used a method of contraception with the
majority of them stating to have used oral contraceptives (American
College Health Association 2016).

This same demographic of students struggle with accessing contraception
on and off campus. Emergency contraceptives are not provided in many
healthcare centers on college campuses, and a 2017 survey found that 40
percent of pharmacies did not stock over-the-counter emergency contra-
ceptives on the shelf (American Society for Emergency Contraception
2018; Miller and Sawyer 2006).  Due to these circumstances students are
forced to go to term. In 2011, 76 percent of pregnancies among 18-19
year olds were unintended and 59 percent were unintended among 20-24
year olds (Institute for Women's Policy Research).

A Beginning Postsecondary Student Survey data displayed that one-third
of all student parents earn either a degree or certificate within six
years of them enrolling at a four year institution (Institute for
Women's Policy Research). Due to the hurdles that arise from parenthood
students often have to extend their time in college in order to complete

their academic journeys which is not a luxury many can afford based on
financial factors.

The provision of emergency contraception on city and state campuses is a
form of reproductive care which can prevent students from having unin-
tended pregnancies. This bill will ensure that every student has access
to affordable emergency contraception on state and city of New York
college campuses granting them a fair chance to achieve academically.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4400A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4400--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sens. WEBB, BROUK, GOUNARDES, HOYLMAN-SIGAL, KENNEDY, MAY,
   SALAZAR  --  read  twice  and  ordered printed, and when printed to be
   committed  to  the  Committee  on  Higher   Education   --   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  BE  RESPONSIBLE  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 AREA OF CAMPUS WHERE STUDENTS CAN ACCESS  THE  EMER-
 GENCY  CONTRACEPTION ON WEEKENDS AND AFTER CLASS HOURS.  THE LOCATION OF
 THE VENDING MACHINE SHALL BE INCLUDED ON THE INSTITUTION'S WEBSITE.
   (1)  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06958-12-3
 S. 4400--A                          2

 
   (IV) THE EMERGENCY CONTRACEPTION SHALL BE MADE AVAILABLE AT A COST NOT
 TO EXCEED THE WHOLESALE PRICE.
   (2)  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 22 to read as follows:
   22. 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 AREA OF CAMPUS WHERE STUDENTS CAN ACCESS THE EMERGENCY CONTRACEP-
 TION ON WEEKENDS AND AFTER CLASS HOURS.   THE LOCATION  OF  THE  VENDING
 MACHINE SHALL BE INCLUDED ON THE INSTITUTION'S WEBSITE.
   (1)  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 NOT
 TO EXCEED THE WHOLESALE PRICE.
   (2)  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.

co-Sponsors

View additional co-sponsors

2023-S4400B (ACTIVE) - Details

See Assembly Version of this Bill:: A4091
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L

2023-S4400B (ACTIVE) - Summary

Requires each institution within the state university of New York and the city university of New York to have at least one vending machine making emergency contraception available for purchase.

2023-S4400B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4400B

SPONSOR: WEBB
 
TITLE OF BILL:

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 emergen-
cy contraception available for purchase

 
PURPOSE:

Requires each institution within the state university of New York and
the city university of New York to have at least one vending machine
making emergency contraception available for purchase.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 355 of the education law by adding a new subdi-
vision 22 to direct the board of trustees to adopt a policy for the
provision of emergency contraception for purchase through at least one
new or existing vending machine located on a state-operated institution

in the state university system.

Section 2 amends section 6206 of the education law by adding a new
subdivision 22 which states that the board of trustees must adopt a
policy requiring the provision of emergency contraception available
through at least one vending machine located on each institution of the
city university of New York.

Section 3 sets an effective date.

 
JUSTIFICATION:

According to the Guttmacher Institute study, low income, African Ameri-
can, and women ages 18-24 have disproportionately higher rates of unin-
tended pregnancy. This mimics the age range of college students enroll-
ing by age 18 and getting their degree of completion around age 21 to 24
years old. A 2016 National College Health Association survey found that
55 percent of college women used a method of contraception with the
majority of them stating to have used oral contraceptives (American
College Health Association 2016).

This same demographic of students struggle with accessing contraception
on and off campus. Emergency contraceptives are not provided in many
healthcare centers on college campuses, and a 2017 survey found that 40
percent of pharmacies did not stock over-the-counter emergency contra-
ceptives on the shelf (American Society for Emergency Contraception
2018; Miller and Sawyer 2006).  Due to these circumstances students are
forced to go to term. In 2011, 76 percent of pregnancies among 18-19
year olds were unintended and 59 percent were unintended among 20-24
year olds (Institute for Women's Policy Research).

A Beginning Postsecondary Student Survey data displayed that one-third
of all student parents earn either a degree or certificate within six
years of them enrolling at a four year institution (Institute for
Women's Policy Research). Due to the hurdles that arise from parenthood
students often have to extend their time in college in order to complete

their academic journeys which is not a luxury many can afford based on
financial factors.

The provision of emergency contraception on city and state campuses is a
form of reproductive care which can prevent students from having unin-
tended pregnancies. This bill will ensure that every student has access
to affordable emergency contraception on state and city of New York
college campuses granting them a fair chance to achieve academically.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4400B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4400--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sens.  WEBB,  BRESLIN,  BROUK,  CLEARE,  COMRIE, COONEY,
   FERNANDEZ,  GIANARIS,  GOUNARDES,  HINCHEY,  HOYLMAN-SIGAL,   JACKSON,
   KENNEDY, KRUEGER, LIU, MAY, MYRIE, SALAZAR, SEPULVEDA, SKOUFIS -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Higher Education -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted 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 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.
                                                            LBD06958-16-4

 S. 4400--B                          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.

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Senate Bill S4400

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Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

co-Sponsors

2023-S4400 - Details

2023-S4400 - Summary

2023-S4400 - Sponsor Memo

2023-S4400 - Bill Text download pdf

co-Sponsors

2023-S4400A - Details

2023-S4400A - Summary

2023-S4400A - Sponsor Memo

2023-S4400A - Bill Text download pdf

co-Sponsors

2023-S4400B (ACTIVE) - Details

2023-S4400B (ACTIVE) - Summary

2023-S4400B (ACTIVE) - Sponsor Memo

2023-S4400B (ACTIVE) - Bill Text download pdf

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