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This entry was published on 2014-09-22
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Emergency treatment of rape survivors
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2805-p. Emergency treatment of rape survivors. 1. As used in this

(a) "Emergency contraception" shall mean one or more prescription
drugs used separately or in combination to be administered or
self-administered by a patient to prevent pregnancy within a medically
recommended amount of time after sexual intercourse and dispensed for
that purpose in accordance with professional standards of practice and
determined by the United States Food and Drug Administration to be safe.

(b) "Emergency treatment" shall mean any medical examination or
treatment provided by a hospital to a rape survivor following an alleged

(c) "Rape" shall mean any act defined in section 130.25, 130.30 or
130.35 of the penal law.

(d) "Rape survivor" or "survivor" shall mean any female person who
alleges or is alleged to have been raped and who presents as a patient.

2. Every hospital providing emergency treatment to a rape survivor
shall promptly:

(a) provide such survivor with written information prepared or
approved, pursuant to subdivision three of this section, relating to
emergency contraception;

(b) orally inform such survivor of the availability of emergency
contraception, its use and efficacy; and

(c) provide emergency contraception to such survivor, unless
contraindicated, upon her request. No hospital may be required to
provide emergency contraception to a rape survivor who is pregnant.

3. The commissioner shall develop, prepare and produce informational
materials relating to emergency contraception for distribution to and
use in all hospitals in the state, in quantities sufficient to comply
with the requirements of this section. The commissioner may also approve
informational materials from medically recognized sources for the
purposes of this section. Such informational material shall be in clear
and concise language, readily comprehensible, in such varieties and
forms as the commissioner shall deem necessary to inform survivors in
English and languages other than English. Such materials shall explain
the nature of emergency contraception including its use and efficacy.

4. The commissioner shall promulgate all such rules and regulations as
may be necessary and proper to implement the provisions of this section.