NY State Senate Bill 2023-S5635A

Current Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2024	referred to higher education delivered to assembly passed senate
Mar 14, 2024	advanced to third reading
Mar 13, 2024	2nd report cal.
Mar 12, 2024	1st report cal.656
Jan 12, 2024	print number 5635a
Jan 12, 2024	amend (t) and recommit to higher education
Jan 03, 2024	referred to higher education
Mar 10, 2023	referred to higher education

Votes

- May 23, 2024 - Floor Vote
  S5635A
  
  45
  
  Aye
  
  12
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2024
      
      aye (45)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martins
      
      May
      
      Mayer
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (12)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Lanza
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Stec
      
      Tedisco
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Martinez
      
      Myrie
      
      Sepúlveda
      
      Walczyk
      
      The following Member(s) participated via videoconferencing: Mattera
  Mar 12, 2024 - Higher Education Committee Vote
  S5635A
  
  8
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Mar 12, 2024
      
      aye (8)
      
      Breslin
      
      Chu
      
      Gounardes
      
      Jackson
      
      Liu
      
      Rivera
      
      Stavisky
      
      Webb
      
      nay (1)
      
      Murray
      
      aye wr (2)
      
      Griffo
      
      Oberacker

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S5635 - Details

See Assembly Version of this Bill:: A8881
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802, 6801 & 6909, Ed L; add §267-b, Pub Health L

2023-S5635 - Summary

Authorizes pharmacists to administer injections for contraceptive use.

2023-S5635 - Sponsor Memo

                                 
BILL NUMBER: S5635

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the education law, in relation to authorizing pharma-
cists to administer injections for contraceptive use

 
PURPOSE:

To authorize pharmacists to administer injections for contraceptive use.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 6527 of the education law adding a new subdivi-
sion 7-b to allow pharmacists to administer the injection of hormones
approved by the United States Food and Drug Administration (USFDA) for
contraceptive use followed by an order from a licensed physician.

Section 2 amends subdivision 22 of section 6802 of the education law by
adding a new paragraph c to include injections for contraceptive use,
approved by the USFDA, to the list of injections pharmacists may admin-

ister followed by an order from a licensed physician.

Section 3 amends section 6801 of the education law by adding a new
subdivision 9 to authorize pharmacists to administer injectable contra-
ception as a part of their lawful scope of practice.

Section 4 amends section 6909 of the education law by adding a new
subdivision 11 to allow pharmacists to administer the injection of
hormones approved by the USFDA for contraceptive use followed by an
order from a certified nurse practitioner.

Section 5 provides the effective date.

 
JUSTIFICATION:

Over 25,000 women throughout New York live in contraceptive deserts,
without access to a single clinic with the full range of contraceptives.
As a result, some women must cross county lines to receive the contra-
ceptive of their choice. With 60% of women of reproductive age currently
using a contraceptive method, it is clear that access to contraception
is a public health concern.

The Depo-Provera shot is a hormonal contraceptive injection that must be
received every three months. In New York, it must be given by your
healthcare provider. This is an unnecessary barrier keeping women from
the contraception of their choice.

This bill would allow pharmacists to carry out scripts given by physi-
cians, allowing women to receive their hormonal injection from either
their local pharmacists or their doctor's office every three months.
Pharmacies are convenient locations for accessing birth control given
their prevalence in communities and their flexible hours. This legis-
lation improves access for marginalized communities of young people,
rural communities, and other individuals who have historically experi-
enced barriers to reproductive and contraceptive care.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one year after it has become a law.

2023-S5635 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5635
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 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  authorizing  pharma-
   cists to administer injections for contraceptive use
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6527 of the education law is amended  by  adding  a
 new subdivision 7-b to read as follows:
   7-B.  A  LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
 ORDER OR A NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT
 TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH  THE
 COMMISSIONER  OF  HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR
 THE ADMINISTRATION OF INJECTIONS  OF  A  HORMONE  OR  A  COMBINATION  OF
 HORMONES  THAT  IS  APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION FOR THE PURPOSE OF CONTRACEPTIVE USE.
   § 2. Subdivision 22 of section 6802 of the education law is amended by
 adding a new paragraph c to read as follows:
   C. THE INJECTION OF A HORMONE OR A COMBINATION  OF  HORMONES  THAT  IS
 APPROVED  BY  THE  UNITED  STATES  FOOD  AND DRUG ADMINISTRATION FOR THE
 PURPOSE OF CONTRACEPTIVE USE, AS PRESCRIBED OR  ORDERED  BY  A  LICENSED
 PRESCRIBER,  ACTING WITHIN THE SCOPE OF THEIR PRACTICE IN THIS STATE AND
 IN ACCORDANCE  WITH  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER  IN
 CONSULTATION  WITH  THE  DEPARTMENT  OF  HEALTH, AND CONSISTENT WITH THE
 PUBLIC HEALTH LAW.
   § 3. Section 6801 of the education law is  amended  by  adding  a  new
 subdivision 9 to read as follows:
   9.  A  LICENSED  PHARMACIST  WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
 ADMINISTER INJECTABLE MEDICATIONS OF  A  HORMONE  OR  A  COMBINATION  OF
 HORMONES  THAT  IS  APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION FOR THE PURPOSE OF CONTRACEPTIVE USE, PURSUANT  TO  SECTION  SIX
 THOUSAND  EIGHT HUNDRED TWO OF THIS ARTICLE, AS PRESCRIBED OR ORDERED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10028-01-3

 S. 5635                             2
 
 A LICENSED PRESCRIBER, ACTING WITHIN THE SCOPE OF THEIR PRACTICE IN THIS
 STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSIONER
 IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AND CONSISTENT  WITH  THE
 PUBLIC HEALTH LAW. A PHARMACIST WHO ADMINISTERS CONTRACEPTIVE INJECTIONS
 PURSUANT  TO THIS SUBDIVISION SHALL NOT REQUIRE A PATIENT TO SCHEDULE AN
 APPOINTMENT WITH THE PHARMACIST FOR THE ADMINISTERING  OF  CONTRACEPTIVE
 INJECTIONS.
   §  4.  Section  6909  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER  A  PATIENT
 SPECIFIC ORDER OR A NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST,
 PURSUANT  TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION
 WITH THE COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE  PUBLIC  HEALTH
 LAW,  FOR THE ADMINISTRATION OF INJECTIONS OF A HORMONE OR A COMBINATION
 OF HORMONES THAT IS APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION FOR THE PURPOSE OF CONTRACEPTIVE USE.
   § 5. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 date.

co-Sponsors

2023-S5635A (ACTIVE) - Details

See Assembly Version of this Bill:: A8881
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802, 6801 & 6909, Ed L; add §267-b, Pub Health L

2023-S5635A (ACTIVE) - Summary

Authorizes pharmacists to administer injections for contraceptive use.

2023-S5635A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5635A

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to authorizing pharmacists to administer injections for contraceptive
use

 
PURPOSE:

To authorize pharmacists to administer injections for contraceptive use.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 11 of section 6527 of the education law to
allow pharmacists to administer injections of United States Food and
Drug Administration (USFDA) approved injectable contraceptives.

Section 2 amends subdivision 9 of Section 3 amends section 6801 of the
education law to authorize pharmacists to administer injectable contra-
ception as a part of their lawful scope of practice.

Section 3 adds a new subdivision 30 to section 6802 of the education law
to define United States Food and Drug Administration reversible proges-
tin-only contraceptive injection.

Section 4 amends subdivision 11 to section 6909 of the education law to
allow a certified nurse practitioner to prescribe and order a non-pa-
tient specific regimen to a pharmacist located in the state who adminis-
ters injectable contraceptives.

Section 5 adds a new section 267-b to the public health law authorizing
the commissioner to establish a non-patient specific order for dispens-
ing and the administration of injectable contraceptives.

Section 6 provides the effective date.

 
JUSTIFICATION:

Over 25,000 women throughout New York live in contraceptive deserts,
without access to a single clinic with the full range of contraceptives.
As a result, some women must cross county lines to receive the contra-
ceptive of their choice. With 60% of women of reproductive age currently
using a contraceptive method, it is clear that access to contraception
is a public health concern.

One such shot is the Depo-Provera injection that must be received every
three months. In New York, it must be given by your healthcare provider
rather than a pharmacist. This is an unnecessary barrier keeping women
from the contraception of their choice.

This bill would allow pharmacists to administer these injections, allow-
ing women to receive their hormonal injection at their local pharmacy.
Pharmacists must comply with current laws that require training, provid-
ing self-screening risk assessment questionnaires to patients along with
a fact sheet about the injection. Additionally, pharmacists will be
required to notify the patient's primary health care provider unless the
patient opts out of this notification.
Pharmacies are convenient locations for accessing birth control given
their prevalence in communities and their flexible hours. This legis-
lation improves access for marginalized communities of young people,
rural communities, and other individuals who have historically experi-
enced barriers to reproductive and contraceptive care.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one year after it has become a law.

2023-S5635A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5635--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sens.  WEBB,  ADDABBO,  COMRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Higher
   Education  --  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 commit-
   tee
 
 AN ACT to amend the education law and the public health law, in relation
   to authorizing pharmacists to administer injections for  contraceptive
   use
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 of section 6527 of  the  education  law,  as
 added by chapter 128 of the laws of 2023, is amended to read as follows:
   11. A licensed physician may prescribe and order a non-patient specif-
 ic  order to a pharmacist licensed and located in the state, pursuant to
 regulations promulgated by the commissioner, and consistent with section
 sixty-eight hundred one of this title, for dispensing  self-administered
 hormonal  contraceptives  OR ADMINISTERING A UNITED STATES FOOD AND DRUG
 ADMINISTRATION   APPROVED   REVERSIBLE   PROGESTIN-ONLY    CONTRACEPTIVE
 INJECTION as defined in section sixty-eight hundred two of this title.
   §  2.  Subdivision 9 of section 6801 of the education law, as added by
 chapter 128 of the laws of 2023, is amended to read as follows:
   9. a. A licensed pharmacist may execute a non-patient  specific  order
 for  the  dispensing  of  self-administered  hormonal  contraceptives OR
 ADMINISTER A UNITED  STATES  FOOD  AND  DRUG  ADMINISTRATION  REVERSIBLE
 PROGESTIN-ONLY  CONTRACEPTIVE  INJECTION  prescribed  or  ordered by the
 commissioner of health, a physician licensed in this state  or  a  nurse
 practitioner  certified  in this state pursuant to rules and regulations
 promulgated by the commissioner.
   b. Prior to dispensing self-administered  hormonal  contraceptives  OR
 ADMINISTERING  A UNITED STATES  FOOD  AND DRUG ADMINISTRATION REVERSIBLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10028-06-4

 S. 5635--A                          2
 
 PROGESTIN-ONLY CONTRACEPTIVE INJECTION to a patient, and at a minimum of
 every twelve months for each returning patient, the pharmacist shall:
   (i)  provide  the  patient with a self-screening risk assessment ques-
 tionnaire, developed by the commissioner of health in consultation  with
 the commissioner, to be reviewed by the pharmacist to identify any known
 risk  factors and assist the patient's selection of an appropriate self-
 administered hormonal contraceptive  OR  UNITED  STATES  FOOD  AND  DRUG
 ADMINISTRATION REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION; and
   (ii)  provide  the patient with a fact sheet, developed by the commis-
 sioner of health, that includes but is  not  limited  to,  the  clinical
 considerations  and  recommendations  for  use  of the self-administered
 hormonal contraceptive OR ADMINISTRATION OF A UNITED  STATES  FOOD   AND
 DRUG  ADMINISTRATION  REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION,
 the appropriate method for using such hormonal  contraceptive,  informa-
 tion  on  the  importance of follow-up health care, health care referral
 information, and the ability of the patient to opt out  of  practitioner
 reporting requirements.
   c.  No pharmacist shall dispense self-administered hormonal contracep-
 tives OR ADMINISTER A UNITED STATES    FOOD    AND  DRUG  ADMINISTRATION
 REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION under this subdivision
 without receiving training satisfactory to the commissioner.
   d. A pharmacist shall notify the patient's primary health care practi-
 tioner,  unless the patient opts out of such notification, within seven-
 ty-two hours of dispensing a self-administered hormonal contraceptive OR
 ADMINISTRATION OF A UNITED STATES FOOD  AND DRUG ADMINISTRATION  REVERS-
 IBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION, that such self-administered
 hormonal  contraceptive OR UNITED  STATES  FOOD  AND DRUG ADMINISTRATION
 REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION has been dispensed  OR
 ADMINISTERED.   If the patient does not have a primary health care prac-
 titioner, or is unable to provide contact information for their  primary
 health  care practitioner, the pharmacist shall provide the patient with
 a written record of the contraceptives dispensed, and advise the patient
 to consult an appropriate health care practitioner.
   e. Nothing in this subdivision shall prevent a pharmacist from  refus-
 ing  to  dispense  a  non-patient  specific  order  of self-administered
 hormonal contraceptive OR ADMINISTRATION OF A  UNITED  STATES  FOOD  AND
 DRUG  ADMINISTRATION  REVERSIBLE  PROGESTIN-ONLY CONTRACEPTIVE INJECTION
 pursuant to this subdivision if, in their professional judgment,  poten-
 tial  adverse  effects,  interactions or other therapeutic complications
 could endanger the health of the patient.
   § 3. Section 6802 of the education law is  amended  by  adding  a  new
 subdivision 30 to read as follows:
   30.  "UNITED  STATES FOOD   AND DRUG ADMINISTRATION REVERSIBLE PROGES-
 TIN-ONLY CONTRACEPTIVE INJECTION" FOR THE  PURPOSES  OF  SECTION  SIXTY-
 EIGHT  HUNDRED  ONE  OF  THIS  ARTICLE,  MEANS A PHARMACIST ADMINISTERED
 REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION APPROVED BY THE UNITED
 STATES  FOOD   AND DRUG ADMINISTRATION TO  PREVENT  PREGNANCY  BY  USING
 HORMONES TO REGULATE OR PREVENT OVULATION.
   §  4. Subdivision 11 of section 6909 of the education law, as added by
 chapter 128 of the laws of 2023, is amended to read as follows:
   11. A certified nurse practitioner may prescribe and order  a  non-pa-
 tient  specific order to a pharmacist licensed and located in the state,
 pursuant to regulations promulgated by the commissioner, and  consistent
 with section sixty-eight hundred one of this title, for dispensing self-
 administered  hormonal  contraceptives  OR  ADMINISTRATION  OF  A UNITED
 STATES FOOD AND DRUG ADMINISTRATION APPROVED  REVERSIBLE  PROGESTIN-ONLY
 S. 5635--A                          3
 
 CONTRACEPTIVE INJECTION as defined in section sixty-eight hundred two of
 this title.
   § 5. The public health law is amended by adding a new section 267-b to
 read as follows:
   §  267-B. PHARMACIST ADMINISTERED REVERSIBLE PROGESTIN-ONLY CONTRACEP-
 TIVE INJECTIONS. THE COMMISSIONER IS AUTHORIZED TO ESTABLISH  A  NON-PA-
 TIENT SPECIFIC ORDER, CONSISTENT WITH SECTION SIXTY-EIGHT HUNDRED ONE OF
 THE  EDUCATION  LAW, FOR DISPENSING AND FOR THE ADMINISTRATION OF UNITED
 STATES FOOD  AND DRUG ADMINISTRATION REVERSIBLE  PROGESTIN-ONLY  CONTRA-
 CEPTIVE  INJECTION AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED TWO OF SUCH
 CHAPTER.
   § 6. This act shall take effect one year after it shall have become  a
 law;  provided  however,  that the amendments to sections 6527, 6801 and
 6909 of the education law made by sections one, two and four of this act
 shall take effect on the same date and in the same manner as chapter 128
 of the laws of 2023, takes effect.
   Effective immediately, the addition, amendment and/or  repeal  of  any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

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Senate Bill S5635A

Sponsored By

Current Bill Status - In Assembly Committee

May 23, 2024 - Floor Vote

Floor Vote: May 23, 2024

Mar 12, 2024 - Higher Education Committee Vote

Higher Education Committee Vote: Mar 12, 2024

Bill Amendments

co-Sponsors

2023-S5635 - Details

2023-S5635 - Summary

2023-S5635 - Sponsor Memo

2023-S5635 - Bill Text download pdf

co-Sponsors

2023-S5635A (ACTIVE) - Details

2023-S5635A (ACTIVE) - Summary

2023-S5635A (ACTIVE) - Sponsor Memo

2023-S5635A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5635A

Share this bill

Sponsored By

Lea Webb

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

Leroy Comrie

2023-S5635 - Details

2023-S5635 - Summary

2023-S5635 - Sponsor Memo

2023-S5635 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

Leroy Comrie

Luis R. Sepúlveda

2023-S5635A (ACTIVE) - Details

2023-S5635A (ACTIVE) - Summary

2023-S5635A (ACTIVE) - Sponsor Memo

2023-S5635A (ACTIVE) - Bill Text download pdf

Comments