S02713 Summary:

BILL NOS02713A
 
SAME ASNo Same As
 
SPONSORKRUEGER
 
COSPNSRAVELLA, HASSELL-THOMPSON, HOYLMAN, MONTGOMERY, PERKINS, SERRANO
 
MLTSPNSR
 
Amd 6527, 6807, 6909 & 6951, add 6832, Ed L; amd 3216, 3221 & 4304, Ins L; amd 207, Pub Health L
 
Provides for the dispensing of emergency contraception under certain circumstances and conditions.
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S02713 Actions:

BILL NOS02713A
 
01/28/2015REFERRED TO HIGHER EDUCATION
01/06/2016REFERRED TO HIGHER EDUCATION
05/05/2016AMEND AND RECOMMIT TO HIGHER EDUCATION
05/05/2016PRINT NUMBER 2713A
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S02713 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2713--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2015
                                       ___________
 
        Introduced by Sens. KRUEGER, AVELLA, HASSELL-THOMPSON, HOYLMAN, MONTGOM-
          ERY,  PERKINS,  SERRANO  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education -- recom-
          mitted 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, the  insurance  law  and  the  public
          health  law, in relation to providing for dispensing emergency contra-
          ception under certain conditions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "unintended pregnancy prevention act".
     3    § 2. Legislative findings. The United States Food  and  Drug  Adminis-
     4  tration  (FDA) has declared emergency contraceptive pills to be safe and
     5  effective in preventing pregnancy when used within 72 hours after unpro-
     6  tected intercourse. The American College of Obstetricians and  Gynecolo-
     7  gists  and  the  American College of Nurse-Midwives state that emergency
     8  contraception (EC) is so safe, and using it  quickly  is  so  important,
     9  that  it  should  be available over the counter, without a prescription.
    10  They also emphasize the need for unimpeded access to EC for all women of
    11  reproductive age. However, although there  are  no  medical  reasons  to
    12  limit provision of EC, the FDA only approved non-prescription access for
    13  women 18 years and older. Additionally, the FDA imposed requirements for
    14  proving  the  patient's  identity  with government-issued identification
    15  documents. The need remains, however, to provide  access  to  women  who
    16  have  difficulty  obtaining the required identification documents and to
    17  women under the age of 17 years. Minors in New York state have long been
    18  legally entitled to full access, without parental consent, to all repro-
    19  ductive health care and services, including EC. Providing direct  access
    20  to  EC  for  younger  women will also make it more likely that they will
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03356-03-6

        S. 2713--A                          2
 
     1  receive appropriate  and  timely  professional  attention,  support  and
     2  assistance.
     3    The legislature deems it necessary to create a structure for simplify-
     4  ing  access  to  EC for these women, while respecting and preserving the
     5  prescribing scopes of practice of physicians, nurse  practitioners,  and
     6  midwives,  the treating and case-finding scope of practice of registered
     7  professional nurses, and the dispensing scope  of  practice  of  pharma-
     8  cists.  This act does not alter the scopes of such professions, nor does
     9  this legislation interfere with non-prescription access to EC  where  it
    10  is otherwise lawful.
    11    The  legislature  also  finds  that  this  legislation is necessary to
    12  ensure that women do not lose insurance coverage for EC  solely  because
    13  it has become available without a prescription. Losing coverage would be
    14  a  major  obstacle to access, which would undermine the important health
    15  objectives of the FDA and the legislature.
    16    § 3. Subdivision 6 of section 6527 of the education law, as  added  by
    17  chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
    18  of  the  laws of 2015, paragraph (d) as added by chapter 429 of the laws
    19  of 2005, paragraph (e) as added by chapter 352 of the laws of  2014  and
    20  paragraph  (f) as added by section 6 of part V of chapter 57 of the laws
    21  of 2015, is amended to read as follows:
    22    6. A licensed physician may prescribe and order a non-patient specific
    23  regimen [to a registered professional nurse],  pursuant  to  regulations
    24  promulgated  by  the commissioner, and consistent with the public health
    25  law, [for] to:
    26    (a) a registered professional nurse for:
    27    (i) administering immunizations[.];
    28    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    29    [(c)] (iii) administering purified protein derivative (PPD)  tests  or
    30  other tests to detect or screen for tuberculosis infections[.];
    31    [(d)]  (iv) administering tests to determine the presence of the human
    32  immunodeficiency virus[.];
    33    [(e)] (v) administering tests to determine the presence of the hepati-
    34  tis C virus[.];
    35    [(f)] (vi) the urgent or emergency treatment of opioid  related  over-
    36  dose or suspected opioid related overdose[.];
    37    (vii)  emergency  contraception, to be administered to or dispensed to
    38  be self-administered by the patient, under section  sixty-eight  hundred
    39  thirty-one of this title; or
    40    (b)  a licensed pharmacist, for dispensing emergency contraception, to
    41  be self-administered by the patient, under section  sixty-eight  hundred
    42  thirty-one of this title.
    43    §  4.  Subdivision 3 of section 6807 of the education law, as added by
    44  chapter 573 of the laws of 1999, is amended and a new subdivision  4  is
    45  added to read as follows:
    46    3. A pharmacist may dispense drugs and devices to a registered profes-
    47  sional nurse, and a registered professional nurse may possess and admin-
    48  ister,  drugs  and  devices,  pursuant to a non-patient specific regimen
    49  prescribed or ordered by a  licensed  physician,  licensed  midwife,  or
    50  certified nurse practitioner, pursuant to regulations promulgated by the
    51  commissioner and the public health law.
    52    4.  A  licensed pharmacist may dispense a non-patient specific regimen
    53  of emergency contraception, to  be  self-administered  by  the  patient,
    54  prescribed  or  ordered by a licensed physician, certified nurse practi-
    55  tioner, or licensed midwife, under section sixty-eight  hundred  thirty-
    56  one of this article.

        S. 2713--A                          3
 
     1    § 5. The education law is amended by adding a new section 6832 to read
     2  as follows:
     3    §  6832. Emergency contraception; non-patient specific prescription or
     4  order. 1. As used in this section, the following terms  shall  have  the
     5  following meanings, unless the context requires otherwise:
     6    (a)  "Emergency  contraception" means one or more prescription or non-
     7  prescription drugs, used separately or in combination, in a  dosage  and
     8  manner  for preventing pregnancy when used after intercourse, found safe
     9  and effective for that use by the United States food and  drug  adminis-
    10  tration, and dispensed or administered for that purpose.
    11    (b)  "Prescriber"  means a licensed physician, certified nurse practi-
    12  tioner or licensed midwife.
    13    2. This section applies to the administering or dispensing of emergen-
    14  cy contraception by a registered professional nurse or licensed  pharma-
    15  cist  pursuant  to  a  prescription  or order for a non-patient specific
    16  regimen made by a prescriber under section  sixty-five  hundred  twenty-
    17  seven,  sixty-nine  hundred nine or sixty-nine hundred fifty-one of this
    18  title. This section does not apply to administering or dispensing  emer-
    19  gency  contraception  when  lawfully done without such a prescription or
    20  order.
    21    3. The administering or dispensing of  emergency  contraception  by  a
    22  registered  professional  nurse  or licensed pharmacist shall be done in
    23  accordance with professional standards of  practice  and  in  accordance
    24  with  written  procedures  and  protocols  agreed  to  by the registered
    25  professional nurse or licensed pharmacist and the prescriber or a hospi-
    26  tal (licensed under article twenty-eight of the public health law)  that
    27  provides gynecological or family planning services.
    28    4.  (a) When emergency contraception is administered or dispensed, the
    29  registered professional nurse or licensed pharmacist  shall  provide  to
    30  the  patient  written material that includes: (i) the clinical consider-
    31  ations and recommendations for use of the  drug;  (ii)  the  appropriate
    32  method  for  using  the  drug;  (iii)  information  on the importance of
    33  follow-up health care; (iv) information on the health  risks  and  other
    34  dangers  of unprotected intercourse; and (v) referral information relat-
    35  ing to health care and services relating to sexual  abuse  and  domestic
    36  violence.
    37    (b)  Such  written  material  shall  be  developed  or approved by the
    38  commissioner in consultation with the department of health and the Amer-
    39  ican college of obstetricians and gynecologists.
    40    § 6. Subdivision 4 of section 6909 of the education law, as  added  by
    41  chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
    42  of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
    43  of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
    44  paragraph (e) as added by chapter 352 of the laws of 2014 and  paragraph
    45  (f)  as  added by section 5 of part V of chapter 57 of the laws of 2015,
    46  is amended to read as follows:
    47    4. A certified nurse practitioner may prescribe and  order  a  non-pa-
    48  tient  specific  regimen to a registered professional nurse, pursuant to
    49  regulations promulgated by the commissioner, consistent with subdivision
    50  three of section [six thousand nine]  sixty-nine  hundred  two  of  this
    51  article, and consistent with the public health law, [for] to:
    52    (a) a registered professional nurse for:
    53    (i) administering immunizations[.];
    54    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    55    [(c)]  (iii)  administering purified protein derivative (PPD) tests or
    56  other tests to detect or screen for tuberculosis infections[.];

        S. 2713--A                          4
 
     1    [(d)] (iv) administering tests to determine the presence of the  human
     2  immunodeficiency virus[.];
     3    [(e)] (v) administering tests to determine the presence of the hepati-
     4  tis C virus[.];
     5    [(f)]  (vi)  the urgent or emergency treatment of opioid related over-
     6  dose or suspected opioid related overdose[.];
     7    (vii) emergency contraception, to be administered to or  dispensed  to
     8  be  self-administered  by the patient, under section sixty-eight hundred
     9  thirty-one of this title; or
    10    (b) a licensed pharmacist, for dispensing emergency contraception,  to
    11  be  self-administered  by the patient, under section sixty-eight hundred
    12  thirty-one of this title.
    13    § 7. Subdivision 5 of section 6909 of the education law, as  added  by
    14  chapter 573 of the laws of 1999, is amended to read as follows:
    15    5.  A registered professional nurse may execute a non-patient specific
    16  regimen prescribed or ordered by a licensed physician, licensed midwife,
    17  or certified nurse practitioner, pursuant to regulations promulgated  by
    18  the commissioner.
    19    §  8.  Section  6951  of  the education law is amended by adding a new
    20  subdivision 4 to read as follows:
    21    4. A licensed midwife may prescribe and order a  non-patient  specific
    22  regimen  pursuant  to  regulations  of the commissioner, consistent with
    23  this section and the public health law, to:
    24    (a) a registered professional nurse for emergency contraception, to be
    25  administered to or dispensed to be  self-administered  by  the  patient,
    26  under section sixty-eight hundred thirty-one of this title; or
    27    (b)  a licensed pharmacist, for dispensing emergency contraception, to
    28  be self-administered by the patient, under section  sixty-eight  hundred
    29  thirty-one of this title.
    30    §  9.  Section  3216  of  the insurance law is amended by adding a new
    31  subsection (n) to read as follows:
    32    (n) Any policy under  this  article  that  covers  contraception  when
    33  provided  pursuant to a prescription shall cover emergency contraception
    34  as defined in paragraph (a) of subdivision one  of  section  sixty-eight
    35  hundred  thirty-one  of  the education law, when provided pursuant to an
    36  ordinary prescription or order under section sixty-eight  hundred  thir-
    37  ty-one  of  the  education  law  and  when  lawfully provided other than
    38  through a prescription or order.
    39    § 10. Section 3221 of the insurance law is amended  by  adding  a  new
    40  subsection (t) to read as follows:
    41    (t)  Any  policy  under  this  article  that covers contraception when
    42  provided pursuant to a prescription, shall cover emergency contraception
    43  as defined in paragraph (a) of subdivision one  of  section  sixty-eight
    44  hundred  thirty-one  of  the education law, when provided pursuant to an
    45  ordinary prescription or order under section sixty-eight  hundred  thir-
    46  ty-one  of  the  education  law  and  when  lawfully provided other than
    47  through a prescription or order.
    48    § 11. Section 4304 of the insurance law is amended  by  adding  a  new
    49  subsection (n) to read as follows:
    50    (n)  Any  policy  under  this  article  that covers contraception when
    51  provided pursuant to a prescription, shall cover emergency contraception
    52  as defined in paragraph (a) of subdivision one  of  section  sixty-eight
    53  hundred  thirty-one  of  the education law, when provided pursuant to an
    54  ordinary prescription or order under section sixty-eight  hundred  thir-
    55  ty-one  of  the  education  law  and  when  lawfully provided other than
    56  through a prescription or order.

        S. 2713--A                          5
 
     1    § 12. Subdivision 1 of section 207 of the public health law is amended
     2  by adding a new paragraph (m) to read as follows:
     3    (m)  Emergency  contraception, including information about its safety,
     4  efficacy, appropriate use and availability.
     5    § 13. This act shall take effect on  the  one  hundred  eightieth  day
     6  after  it  shall have become a law; and sections nine, ten and eleven of
     7  this act shall apply to policies and contracts  issued,  renewed,  modi-
     8  fied,  altered  or amended on  or after such effective date. The commis-
     9  sioner of education is authorized to promulgate any and  all  rules  and
    10  regulations  and take any other measures necessary to implement this act
    11  on its effective date on or before such effective date.
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