S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1702

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, P. RIVERA, HOYT, GUNTHER, JACOBS,
  FIELDS, EDDINGTON -- Multi-Sponsored by -- M. of  A.  ALESSI,  CAHILL,
  JOHN, KELLNER, MILLMAN, O'DONNELL, PHEFFER, ROSENTHAL -- read once and
  referred to the Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to enacting the "public university emergency contraception act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Legislative findings and intent.  The  legislature  finds
that  access  to  emergency  contraception  is  a basic measure that can
prevent college students from having an unwanted pregnancy. The  federal
Food  and  Drug Administration has approved the use of emergency contra-
ception as safe and effective in the prevention of pregnancy.  Emergency
contraception  has  been found to have no effect on an established preg-
nancy. Medical research strongly indicates  that  the  sooner  emergency
contraception  is  administered,  the better the chance of preventing an
unwanted pregnancy.  Therefore, the legislature deems it essential  that
each  college and university of the state university of New York and the
city university of New York provide information on emergency  contracep-
tion  to its students and makes it available to any student who seeks it
whenever practicable and in accordance with applicable law  and  profes-
sional standards of practice.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"public university emergency contraception act".
  S 3. Section 206 of the public health law is amended by adding  a  new
subdivision 26 to read as follows:
  26.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE COMMISSIONER  IS  AUTHORIZED  TO  ESTABLISH  A  STATEWIDE  EMERGENCY
CONTRACEPTION  COLLEGE  EDUCATION AND AWARENESS PROGRAM FOR EACH COLLEGE
AND UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK AND THE CITY  UNIVER-
SITY  OF  NEW  YORK.  FOR  THE  PURPOSE  OF THIS SUBDIVISION, "EMERGENCY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05066-01-9
              

A. 1702                             2

CONTRACEPTION" SHALL MEAN ONE OR MORE PRESCRIPTION DRUGS, USED SEPARATE-
LY OR IN COMBINATION, IN A DOSAGE AND MANNER  FOR  PREVENTING  PREGNANCY
WHEN  USED  AFTER  INTERCOURSE, FOUND SAFE AND EFFECTIVE FOR THAT USE BY
THE  UNITED  STATES FOOD AND DRUG ADMINISTRATION, AND DISPENSED FOR THAT
PURPOSE IN ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS  OF
PRACTICE.
  (B)  THE  COMMISSIONER  SHALL DEVELOP, PRODUCE AND DISTRIBUTE TO EVERY
COLLEGE AND UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK AND THE  CITY
UNIVERSITY  OF  NEW YORK INFORMATIONAL MATERIALS AND POSTERS RELATING TO
THE SAFETY AND EFFICACY OF EMERGENCY CONTRACEPTION TO  BE  CONSPICUOUSLY
DISPLAYED  AT  APPROPRIATE LOCATIONS AROUND EACH CAMPUS, AND DISTRIBUTED
TO STUDENTS IN A MANNER TO BE DETERMINED BY EACH COLLEGE AND UNIVERSITY.
THE MATERIALS AND POSTERS SHALL EXPLAIN THE NATURE OF EMERGENCY  CONTRA-
CEPTION,  INCLUDING  THAT  IT IS DEEMED SAFE AND EFFECTIVE IN PREVENTING
PREGNANCY BY THE FEDERAL FOOD AND DRUG ADMINISTRATION,  AND  CANNOT  AND
DOES NOT CAUSE ABORTIONS.
  (C) IN IMPLEMENTING THE PROVISIONS OF THIS SUBDIVISION THE COMMISSION-
ER  SHALL  CONSULT  WITH  REPRESENTATIVES  OF HEALTH CARE PRACTITIONERS,
STUDENTS AND AFFECTED EMPLOYEES.
  S 4. The education law is amended by adding a new section 361 to  read
as follows:
  S  361. EMERGENCY CONTRACEPTION. 1. EACH COLLEGE AND UNIVERSITY OF THE
STATE UNIVERSITY SHALL CONSPICUOUSLY DISPLAY  AT  APPROPRIATE  LOCATIONS
AROUND  THE  CAMPUS AND DISTRIBUTE TO STUDENTS IN A MANNER DETERMINED BY
SUCH COLLEGE OR UNIVERSITY MATERIALS AND POSTERS RELATING  TO  EMERGENCY
CONTRACEPTION,  DISTRIBUTED  TO IT PURSUANT TO SUBDIVISION TWENTY-SIX OF
SECTION TWO HUNDRED SIX OF THE  PUBLIC  HEALTH  LAW.  EACH  COLLEGE  AND
UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK MAY ALSO APPROVE INFORMA-
TIONAL MATERIALS AND POSTERS FROM OTHER SOURCES FOR THE PURPOSES OF THIS
SUBDIVISION.
  2.  EACH  COLLEGE AND UNIVERSITY OF THE STATE UNIVERSITY, IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH,  SHALL  ADOPT  AND  IMPLEMENT  RULES
REQUIRING  THAT  ANY  HEALTH SERVICE OPERATING AS PART OF THE COLLEGE OR
UNIVERSITY WHICH PROVIDES TREATMENT TO STUDENTS SHALL PROVIDE, UPON  THE
REQUEST  OF ANY STUDENT OF SUCH COLLEGE OR UNIVERSITY, EMERGENCY CONTRA-
CEPTION IN ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS  OF
PRACTICE.
  3. THIS SECTION DOES NOT REQUIRE ANY HEALTH SERVICE TO REMAIN OPEN ANY
HOURS  OR  DAYS  IT  ORDINARILY  IS NOT OPEN, OR TO PROVIDE TREATMENT TO
STUDENTS IF IT ORDINARILY DOES NOT PROVIDE SUCH  SERVICES,  OR  TO  HAVE
AVAILABLE  A  HEALTH CARE PROFESSIONAL AUTHORIZED TO WRITE PRESCRIPTIONS
IF IT ORDINARILY DOES NOT HAVE SUCH A HEALTH  CARE  PROFESSIONAL  AVAIL-
ABLE.
  4.  IN  IMPLEMENTING  THE  PROVISIONS OF THIS SECTION EACH COLLEGE AND
UNIVERSITY SHALL CONSULT WITH REPRESENTATIVES OF HEALTH CARE PRACTITION-
ERS, STUDENTS AND AFFECTED EMPLOYEES.
  S 5. The education law is amended by adding a new  section  6206-a  to
read as follows:
  S  6206-A.  EMERGENCY  CONTRACEPTION.  1. EACH INSTITUTION OF THE CITY
UNIVERSITY OF  NEW  YORK  SHALL  CONSPICUOUSLY  DISPLAY  AT  APPROPRIATE
LOCATIONS  AROUND  THE  CAMPUS  AND  DISTRIBUTE  TO STUDENTS IN A MANNER
DETERMINED BY SUCH INSTITUTION MATERIALS AND POSTERS RELATING  TO  EMER-
GENCY   CONTRACEPTION,   DISTRIBUTED   TO  IT  PURSUANT  TO  SUBDIVISION
TWENTY-SIX OF SECTION TWO HUNDRED SIX OF THE  PUBLIC  HEALTH  LAW.  EACH
INSTITUTION OF THE CITY UNIVERSITY OF NEW YORK MAY ALSO APPROVE INFORMA-

A. 1702                             3

TIONAL MATERIALS AND POSTERS FROM OTHER SOURCES FOR THE PURPOSES OF THIS
SUBDIVISION.
  2.  EACH  INSTITUTION OF THE CITY UNIVERSITY OF NEW YORK, IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH,  SHALL  ADOPT  AND  IMPLEMENT  RULES
REQUIRING  THAT  ANY  HEALTH SERVICE OPERATING AS PART OF THE COLLEGE OR
UNIVERSITY WHICH PROVIDES TREATMENT TO STUDENTS SHALL PROVIDE, UPON  THE
REQUEST  OF  ANY STUDENT OF SUCH INSTITUTION, EMERGENCY CONTRACEPTION IN
ACCORDANCE WITH APPLICABLE LAW AND PROFESSIONAL STANDARDS OF PRACTICE.
  3. THIS SECTION DOES NOT REQUIRE ANY HEALTH SERVICE TO REMAIN OPEN ANY
HOURS OR DAYS IT ORDINARILY IS NOT OPEN,  OR  TO  PROVIDE  TREATMENT  TO
STUDENTS  IF  IT  ORDINARILY  DOES NOT PROVIDE SUCH SERVICES, OR TO HAVE
AVAILABLE A HEALTH CARE PROFESSIONAL AUTHORIZED TO  WRITE  PRESCRIPTIONS
IF  IT  ORDINARILY  DOES NOT HAVE SUCH A HEALTH CARE PROFESSIONAL AVAIL-
ABLE.
  4. IN IMPLEMENTING THE PROVISIONS OF THIS  SECTION  EACH  COLLEGE  AND
UNIVERSITY SHALL CONSULT WITH REPRESENTATIVES OF HEALTH CARE PRACTITION-
ERS, STUDENTS AND AFFECTED EMPLOYEES.
  S 6. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law; provided that any rules, regulations and
informational materials necessary to implement the  provisions  of  this
act  on its effective date are authorized and directed to be promulgated
on or before such date.