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.
STATE OF NEW YORK
________________________________________________________________________
4400--B
2023-2024 Regular Sessions
IN SENATE
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:
1 Section 1. Section 355 of the education law is amended by adding a new
2 subdivision 22 to read as follows:
3 22. The state university trustees shall adopt a policy for the
4 provision of emergency contraception available for purchase through at
5 least one vending machine, existing or new, located on each state-oper-
6 ated institution in the state university no later than six months after
7 the effective date of this subdivision. The vending machine shall be
8 located in a secure and accessible area of campus. The location of the
9 vending machine shall be included on the institution's website.
10 (a) Emergency contraception made available through each vending
11 machine shall satisfy, at a minimum, all of the following requirements:
12 (i) The emergency contraception shall be sold only in the manufactur-
13 er's clearly labeled, original, unbroken, tamper-proof, and expiration-
14 dated packaging.
15 (ii) The emergency contraception may not be older than the manufactur-
16 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
1 (iii) The emergency contraception shall be stored in accordance with
2 manufacturer recommendations.
3 (iv) The emergency contraception shall be made available at a cost
4 equal to: (1) twenty percent of the fair market value of an equivalent
5 type of emergency contraception; or (2) the wholesale purchase price.
6 (b) For the purposes of this subdivision, the term "emergency contra-
7 ception" means over-the-counter medication to be self-administered that
8 is approved by the federal Food and Drug Administration that can signif-
9 icantly reduce the risk of pregnancy if taken within seventy-two hours
10 after unprotected sexual intercourse.
11 § 2. Section 6206 of the education law is amended by adding a new
12 subdivision 23 to read as follows:
13 23. The board of trustees shall adopt a policy requiring the provision
14 of emergency contraception available for purchase through at least one
15 vending machine, existing or new, located on each institution of the
16 city university of New York no later than six months after the effective
17 date of this subdivision. The vending machine shall be located in a
18 secure and accessible area of campus. The location of the vending
19 machine shall be included on the institution's website.
20 (a) Emergency contraception made available through each vending
21 machine shall satisfy, at a minimum, all of the following requirements:
22 (i) The emergency contraception shall be sold only in the manufactur-
23 er's clearly labeled, original, unbroken, tamper-proof, and expiration-
24 dated packaging.
25 (ii) The emergency contraception may not be older than the manufactur-
26 er's expiration date.
27 (iii) The emergency contraception shall be stored in accordance with
28 manufacturer recommendations.
29 (iv) The emergency contraception shall be made available at a cost
30 equal to: (1) twenty percent of the fair market value of an equivalent
31 type of emergency contraception; or (2) the wholesale purchase price.
32 (b) For the purposes of this subdivision, the term "emergency contra-
33 ception" means over-the-counter medication to be self-administered that
34 is approved by the federal Food and Drug Administration that can signif-
35 icantly reduce the risk of pregnancy if taken within seventy-two hours
36 after unprotected sexual intercourse.
37 § 3. This act shall take effect immediately.
