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

                                  6954

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 15, 2015
                               ___________

Introduced  by  M.  of  A. PAULIN, GOTTFRIED, ENGLEBRIGHT, GALEF, GLICK,
  ROSENTHAL, SKOUFIS, LAVINE, TITONE, FAHY -- Multi-Sponsored by  --  M.
  of  A. AUBRY, BRENNAN, CAHILL, CLARK, COOK, CROUCH, CYMBROWITZ, DINOW-
  ITZ,  FARRELL,  GUNTHER,  HEVESI,  HOOPER,  JAFFEE,  LIFTON,  LUPARDO,
  MORELLE,  PERRY,  PRETLOW, THIELE, WRIGHT -- read once and referred to
  the Committee on Health

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "unintended pregnancy prevention act".
  S 2. Legislative findings. The United States Food  and  Drug  Adminis-
tration  (FDA) has declared emergency contraceptive drugs to be safe and
effective. There is neither medical  nor  public  health  research  that
validates  an age restriction on access to emergency contraception (EC).
Furthermore, no specific medical conditions preclude a woman from  using
EC. The only contraindication to EC use is pregnancy itself, not because
it  represents  a  danger  to  the woman or to the embryo but because it
would be inefficient in preventing the pregnancy. Pregnancy  prevention,
not abortion, is caused by the use of emergency contraceptive drugs.
  The legislature deems it necessary to guarantee immediate access to EC
to  all,  especially young women. Nearly thirty percent of United States
teenage girls become pregnant before reaching twenty years of age. Teens
are more likely than adults to experience contraceptive  failure,  which
may  lead  to  unintended pregnancies and consequently dangerous medical
issues for both mother and baby.
  The legislature deems it necessary to create a structure for simplify-
ing access to EC for these women, while respecting  and  preserving  the
prescribing  scope  of practice for physicians, nurse practitioners, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10324-01-5
              

A. 6954                             2

midwives; the treating and case-finding scope of practice of  registered
professional  nurses;  and  the  dispensing scope of practice of pharma-
cists. This act does not alter the scope of such professions,  nor  does
this  legislation  interfere with non-prescription access to EC where it
is otherwise lawful.
  S 3. Subdivision 6 of section 6527 of the education law, as  added  by
chapter  573  of the laws of 1999, paragraph (c) as added by chapter 221
of the laws of 2002, paragraph (d) as added by chapter 429 of  the  laws
of  2005  and paragraph (e) as added by chapter 352 of the laws of 2014,
is amended to read as follows:
  6. A licensed physician may prescribe and order a non-patient specific
regimen [to a registered professional nurse],  pursuant  to  regulations
promulgated  by  the commissioner, and consistent with the public health
law, [for] TO:
  (a) A REGISTERED PROFESSIONAL NURSE FOR:
  (I) administering immunizations[.];
  [(b)] (II) the emergency treatment of anaphylaxis[.];
  [(c)] (III) administering purified protein derivative (PPD) tests[.];
  [(d)] (IV) administering tests to determine the presence of the  human
immunodeficiency virus[.];
  [(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
  (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE; OR
  (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
  S 4. Subdivision 3 of section 6807 of the education law, as  added  by
chapter  573  of the laws of 1999, is amended and a new subdivision 4 is
added to read as follows:
  3. A pharmacist may dispense drugs and devices to a registered profes-
sional nurse, and a registered professional nurse may possess and admin-
ister, drugs and devices, pursuant to  a  non-patient  specific  regimen
prescribed  or  ordered  by  a  licensed  physician, LICENSED MIDWIFE or
certified nurse practitioner, pursuant to regulations promulgated by the
commissioner and the public health law.
  4. A LICENSED PHARMACIST MAY DISPENSE A NON-PATIENT  SPECIFIC  REGIMEN
OF  EMERGENCY  CONTRACEPTION,  TO  BE  SELF-ADMINISTERED BY THE PATIENT,
PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN, CERTIFIED  NURSE  PRACTI-
TIONER,   OR   LICENSED   MIDWIFE,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
THIRTY-TWO OF THIS ARTICLE.
  S 5. The education law is amended by adding a new section 6832 to read
as follows:
  S 6832. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION  OR
ORDER.  1.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
  (A) "EMERGENCY  CONTRACEPTION"  MEANS  ONE  OR  MORE  PRESCRIPTION  OR
NON-PRESCRIPTION  DRUGS,  USED SEPARATELY 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 OR ADMINISTERED FOR THAT PURPOSE.
  (B) "PRESCRIBER" MEANS A LICENSED PHYSICIAN, CERTIFIED  NURSE  PRACTI-
TIONER OR LICENSED MIDWIFE.
  2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
CY  CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMA-

A. 6954                             3

CIST PURSUANT TO A PRESCRIPTION OR  ORDER  FOR  A  NON-PATIENT  SPECIFIC
REGIMEN   MADE   BY   A  PRESCRIBER  UNDER  SECTION  SIXTY-FIVE  HUNDRED
TWENTY-SEVEN, SIXTY-NINE HUNDRED NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF
THIS  TITLE.  THIS SECTION DOES NOT APPLY TO ADMINISTERING OR DISPENSING
EMERGENCY CONTRACEPTION WHEN LAWFULLY DONE WITHOUT SUCH  A  PRESCRIPTION
OR ORDER.
  3.  THE  ADMINISTERING  OR  DISPENSING OF EMERGENCY CONTRACEPTION BY A
REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST SHALL  BE  DONE  IN
ACCORDANCE  WITH  PROFESSIONAL  STANDARDS  OF PRACTICE AND IN ACCORDANCE
WITH WRITTEN PROCEDURES  AND  PROTOCOLS  AGREED  TO  BY  THE  REGISTERED
PROFESSIONAL NURSE OR LICENSED PHARMACIST AND THE PRESCRIBER OR A HOSPI-
TAL  (LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT
PROVIDES GYNECOLOGICAL OR FAMILY PLANNING SERVICES.
  4. (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED,  THE
REGISTERED  PROFESSIONAL  NURSE  OR LICENSED PHARMACIST SHALL PROVIDE TO
THE PATIENT WRITTEN MATERIAL THAT INCLUDES: (I) THE  CLINICAL  CONSIDER-
ATIONS  AND  RECOMMENDATIONS  FOR  USE OF THE DRUG; (II) THE APPROPRIATE
METHOD FOR USING THE  DRUG;  (III)  INFORMATION  ON  THE  IMPORTANCE  OF
FOLLOW-UP  HEALTH  CARE;  (IV) INFORMATION ON THE HEALTH RISKS AND OTHER
DANGERS OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION  RELAT-
ING  TO  HEALTH  CARE AND SERVICES RELATING TO SEXUAL ABUSE AND DOMESTIC
VIOLENCE.
  (B) SUCH WRITTEN MATERIAL  SHALL  BE  DEVELOPED  OR  APPROVED  BY  THE
COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
  S  6.  Subdivision 4 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (a) as amended and  paragraph
(c)  as added by chapter 221 of the laws of 2002, paragraph (d) as added
by chapter 429 of the laws of 2005 and paragraph (e) as added by chapter
352 of the laws of 2014, is amended to read as follows:
  4. A certified nurse practitioner may prescribe and  order  a  non-pa-
tient specific regimen [to a registered professional nurse], pursuant to
regulations promulgated by the commissioner, consistent with subdivision
three  of  section  [six  thousand  nine] SIXTY-NINE hundred two of this
article, and consistent with the public health law, [for] TO:
  (a) A REGISTERED PROFESSIONAL NURSE FOR:
  (I) administering immunizations[.];
  [(b)] (II) the emergency treatment of anaphylaxis[.];
  [(c)] (III) administering purified protein derivative (PPD) tests[.];
  [(d)] (IV) administering tests to determine the presence of the  human
immunodeficiency virus[.];
  [(e)] (V) administering tests to determine the presence of the hepati-
tis C virus[.];
  (VI) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE; OR
  (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
  S 7. Subdivision 5 of section 6909 of the education law, as  added  by
chapter 573 of the laws of 1999, is amended to read as follows:
  5.  A registered professional nurse may execute a non-patient specific
regimen prescribed or ordered by a licensed physician, LICENSED  MIDWIFE
or  certified nurse practitioner, pursuant to regulations promulgated by
the commissioner.

A. 6954                             4

  S 8. Section 6951 of the education law is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  A  LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
REGIMEN  PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE   COMMISSIONER,
CONSISTENT WITH THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
  (A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
ADMINISTERED  TO  OR  DISPENSED  TO BE SELF-ADMINISTERED BY THE PATIENT,
UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS TITLE; OR
  (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-TWO OF THIS TITLE.
  S 9. Section 3216 of the insurance law is  amended  by  adding  a  new
subsection (n) to read as follows:
  (N)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
PROVIDED PURSUANT TO A PRESCRIPTION SHALL COVER EMERGENCY  CONTRACEPTION
AS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THE EDUCATION LAW, WHEN PROVIDED  PURSUANT  TO  AN
ORDINARY  PRESCRIPTION  OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-TWO OF THE EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN
THROUGH A PRESCRIPTION OR ORDER.
  S  10.  Section  3221  of the insurance law is amended by adding a new
subsection (t) to read as follows:
  (T) ANY POLICY UNDER  THIS  ARTICLE  THAT  COVERS  CONTRACEPTION  WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
AS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THE EDUCATION LAW, WHEN PROVIDED  PURSUANT  TO  AN
ORDINARY  PRESCRIPTION  OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-TWO OF THE EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN
THROUGH A PRESCRIPTION OR ORDER.
  S  11.  Section  4304  of the insurance law is amended by adding a new
subsection (n) to read as follows:
  (N) ANY POLICY UNDER  THIS  ARTICLE  THAT  COVERS  CONTRACEPTION  WHEN
PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
AS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-EIGHT
HUNDRED THIRTY-TWO OF THE EDUCATION LAW, WHEN PROVIDED  PURSUANT  TO  AN
ORDINARY  PRESCRIPTION  OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-TWO OF THE EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN
THROUGH A PRESCRIPTION OR ORDER.
  S 12. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (k) to read as follows:
  (K)  EMERGENCY  CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
  S 13. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law; provided, however, that sections nine,
ten and eleven of this act shall apply to policies and contracts issued,
renewed,  modified,  altered or amended on or after such effective date.
The commissioner of education is authorized to promulgate  any  and  all
rules and regulations and take any other measures necessary to implement
this act on its effective date on or before such effective date.