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

                                  8135

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2015
                               ___________

Introduced  by  M.  of  A.  CAHILL,  SEAWRIGHT, ROSENTHAL, GALEF, GLICK,
  JAFFEE, KAMINSKY, RUSSELL, SIMOTAS, SOLAGES -- Multi-Sponsored  by  --
  M.  of A. ARROYO, BARRETT, BRONSON, COOK, FAHY, HOOPER, LIFTON, LUPAR-
  DO, MAYER, PEOPLES-STOKES, ROZIC, SCHIMEL, SIMON, TITUS -- (at request
  of the Department of Law) -- read once and referred to  the  Committee
  on Insurance

AN  ACT  to amend the insurance law, the social services law, the educa-
  tion law and the public health law, in relation  to  requiring  health
  insurance  policies to include coverage of all FDA-approved contracep-
  tive drugs, devices, and products, as well as voluntary  sterilization
  procedures, contraceptive education and counseling, and related follow
  up  services  and  prohibiting a health insurance policy from imposing
  any cost-sharing requirements or other  restrictions  or  delays  with
  respect to this coverage

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

  Section 1. This act shall be known and may be cited as the "comprehen-
sive contraception coverage act".
  S 2. Paragraph 16 of subsection (l) of section 3221 of  the  insurance
law,  as added by chapter 554 of the laws of 2002, is amended to read as
follows:
  (16) (A) Every group or blanket policy [which  provides  coverage  for
prescription  drugs shall include coverage for the cost of contraceptive
drugs or devices approved by the federal food and drug administration or
generic equivalents approved as substitutes by such food and drug admin-
istration under the prescription  of  a  health  care  provider  legally
authorized  to  prescribe  under  title  eight of the education law. The
coverage required by this section shall  be  included  in  policies  and
certificates only through the addition of a rider.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10923-02-5

A. 8135                             2
              

  (A)]  THAT  IS  ISSUED, AMENDED, RENEWED, EFFECTIVE OR DELIVERED ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, SHALL  PROVIDE  COVERAGE  FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
  (1) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS  INCLUDES  ALL  FDA-APPROVED  OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
DEVICES, AND PRODUCTS AS PRESCRIBED OR  AS  OTHERWISE  AUTHORIZED  UNDER
STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
  (A)  WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
TICAL EQUIVALENT, AS DEFINED BY THE FDA,  VERSIONS  OF  A  CONTRACEPTIVE
DRUG,  DEVICE,  OR PRODUCT, A GROUP OR BLANKET POLICY IS NOT REQUIRED TO
INCLUDE ALL SUCH THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS  IN
ITS  FORMULARY,  SO LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT
COST-SHARING AND IN ACCORDANCE WITH THIS PARAGRAPH;
  (B) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS
OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A GROUP OR BLANKET POLICY  SHALL  PROVIDE  COVERAGE  FOR  AN
ALTERNATE  THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT  VERSION  OF THE
CONTRACEPTIVE DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING;
  (C) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT  COST-
SHARING  WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT
SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-ONE OF THE EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN
THROUGH A PRESCRIPTION OR ORDER; AND
  (D) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS WORTH
OF A CONTRACEPTIVE AT ONE TIME;
  (2) VOLUNTARY STERILIZATION PROCEDURES;
  (3) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
  (4)  FOLLOW-UP  SERVICES  RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
PROCEDURES COVERED UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED  TO,
MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
  (B) A GROUP OR BLANKET POLICY SUBJECT  TO  THIS  PARAGRAPH  SHALL  NOT
IMPOSE  A  DEDUCTIBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING
REQUIREMENT ON THE COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
  (C) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS PARAGRAPH,  A  GROUP  OR
BLANKET POLICY SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVER-
AGE REQUIRED UNDER THIS PARAGRAPH.
  (D)  BENEFITS  FOR  AN ENROLLEE UNDER THIS PARAGRAPH SHALL BE THE SAME
FOR AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND  COVERED
NONSPOUSE DEPENDENTS.
  (E)  Notwithstanding  any  other provision of this subsection, a reli-
gious employer may request a contract without coverage for federal  food
and drug administration approved contraceptive methods that are contrary
to  the  religious  employer's  religious  tenets. If so requested, such
contract shall be provided without coverage for  contraceptive  methods.
This  paragraph  shall not be construed to deny an enrollee coverage of,
and timely access to, contraceptive methods.
  (1) For purposes of this subsection,  a  "religious  employer"  is  an
entity for which each of the following is true:
  (a) The inculcation of religious values is the purpose of the entity.
  (b)  The  entity  primarily  employs  persons  who share the religious
tenets of the entity.
  (c) The entity serves primarily persons who share the religious tenets
of the entity.
  (d) The entity is a nonprofit organization  as  described  in  Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.

A. 8135                             3

  (2) Every religious employer that invokes the exemption provided under
this  paragraph  shall  provide  written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
  [(B)  (i)] (F) (1) Where a group policyholder makes an election not to
purchase coverage for contraceptive drugs or devices in accordance  with
subparagraph  (A) of this paragraph each certificateholder covered under
the policy issued to that group policyholder shall  have  the  right  to
directly  purchase the rider required by this paragraph from the insurer
which issued the group policy at the prevailing  small  group  community
rate  for  such  rider  whether  or  not the employee is part of a small
group.
  [(ii)] (2) Where  a  group  policyholder  makes  an  election  not  to
purchase  coverage for contraceptive drugs or devices in accordance with
subparagraph (A) of this  paragraph,  the  insurer  that  provides  such
coverage shall provide written notice to certificateholders upon enroll-
ment  with  the  insurer of their right to directly purchase a rider for
coverage for the cost of contraceptive  drugs  or  devices.  The  notice
shall  also  advise the certificateholders of the additional premium for
such coverage.
  [(C)] (G) Nothing in this paragraph shall be construed as  authorizing
a group or blanket policy which provides coverage for prescription drugs
to  exclude coverage for prescription drugs prescribed for reasons other
than contraceptive purposes.
  [(D) Such coverage may be subject to reasonable annual deductibles and
coinsurance as may be deemed appropriate by the  superintendent  and  as
are consistent with those established for other drugs or devices covered
under the policy.]
  S 3. Subsection (cc) of section 4303 of the insurance law, as added by
chapter 554 of the laws of 2002, is amended to read as follows:
  (cc)  (1)  Every  contract  [which  provides coverage for prescription
drugs shall include coverage for the  cost  of  contraceptive  drugs  or
devices  approved by the federal food and drug administration or generic
equivalents approved as substitutes by such food and drug administration
under the prescription of a health care provider legally  authorized  to
prescribe  under title eight of the education law. The coverage required
by this section shall be included in  contracts  and  certificates  only
through the addition of a rider.
  (1)]  THAT  IS  ISSUED, AMENDED, RENEWED, EFFECTIVE OR DELIVERED ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, SHALL  PROVIDE  COVERAGE  FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
  (A) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS  INCLUDES  ALL  FDA-APPROVED  OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
DEVICES, AND PRODUCTS AS PRESCRIBED OR  AS  OTHERWISE  AUTHORIZED  UNDER
STATE OR FEDERAL LAW.  THE FOLLOWING APPLIES TO THIS COVERAGE:
  (I)  WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
TICAL EQUIVALENT, AS DEFINED BY THE FDA,  VERSIONS  OF  A  CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH
THERAPEUTIC  AND PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO
LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN
ACCORDANCE WITH THIS SUBSECTION;
  (II) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
OF A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED  MEDICALLY
INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE THERAPEU-
TIC  AND  PHARMACEUTICAL  EQUIVALENT  VERSION OF THE CONTRACEPTIVE DRUG,
DEVICE, OR PRODUCT WITHOUT COST-SHARING;

A. 8135                             4

  (III) THIS COVERAGE  SHALL  INCLUDE  EMERGENCY  CONTRACEPTION  WITHOUT
COST-SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PA-
TIENT SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-ONE  OF  THE  EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER; AND
  (IV)  THIS  COVERAGE  MUST  ALLOW  FOR THE DISPENSING OF TWELVE MONTHS
WORTH OF A CONTRACEPTIVE AT ONE TIME;
  (B) VOLUNTARY STERILIZATION PROCEDURES;
  (C) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
  (D) FOLLOW-UP SERVICES RELATED TO THE DRUGS,  DEVICES,  PRODUCTS,  AND
PROCEDURES COVERED UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
  (2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE  A  DEDUCT-
IBLE,  COINSURANCE,  COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
THE COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
  (3) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS SUBSECTION,  A  CONTRACT
SHALL  NOT  IMPOSE  ANY  RESTRICTIONS OR DELAYS ON THE COVERAGE REQUIRED
UNDER THIS SUBSECTION.
  (4) BENEFITS FOR AN ENROLLEE UNDER THIS SUBSECTION SHALL BE  THE  SAME
FOR  AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND COVERED
NONSPOUSE DEPENDENTS.
  (5) Notwithstanding any other provision of this  subsection,  a  reli-
gious  employer may request a contract without coverage for federal food
and drug administration approved contraceptive methods that are contrary
to the religious employer's religious  tenets.  If  so  requested,  such
contract  shall  be provided without coverage for contraceptive methods.
This paragraph shall not be construed to deny an enrollee  coverage  of,
and timely access to, contraceptive methods.
  (A)  For  purposes  of  this  subsection, a "religious employer" is an
entity for which each of the following is true:
  (i) The inculcation of religious values is the purpose of the entity.
  (ii) The entity primarily employs  persons  who  share  the  religious
tenets of the entity.
  (iii)  The  entity  serves  primarily  persons who share the religious
tenets of the entity.
  (iv) The entity is a nonprofit organization as  described  in  Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
  (B) Every religious employer that invokes the exemption provided under
this  paragraph  shall  provide  written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
  [(2)] (6) (A) Where a group contractholder makes an  election  not  to
purchase  coverage for contraceptive drugs or devices in accordance with
paragraph one of  this  subsection,  each  enrollee  covered  under  the
contract  issued  to  that  group contractholder shall have the right to
directly purchase the rider required by this subsection from the insurer
or health maintenance organization which issued the  group  contract  at
the  prevailing small group community rate for such rider whether or not
the employee is part of a small group.
  (B) Where a group contractholder makes an  election  not  to  purchase
coverage for contraceptive drugs or devices in accordance with paragraph
one  of  this subsection, the insurer or health maintenance organization
that provides such coverage shall provide written  notice  to  enrollees
upon  enrollment  with the insurer or health maintenance organization of
their right to directly purchase a rider for coverage for  the  cost  of

A. 8135                             5

contraceptive  drugs or devices. The notice shall also advise the enrol-
lees of the additional premium for such coverage.
  [(3)] (7) Nothing in this subsection shall be construed as authorizing
a  contract  which  provides  coverage for prescription drugs to exclude
coverage for  prescription  drugs  prescribed  for  reasons  other  than
contraceptive purposes.
  [(4) Such coverage may be subject to reasonable annual deductibles and
coinsurance  as  may  be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
  S 4. Subparagraph (E) of paragraph 17 of  subsection  (i)  of  section
3216  of the insurance law is amended by adding a new clause (v) to read
as follows:
  (V) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS,
INCLUDING  ALL  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,   DEVICES,   AND
PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL
LAW;  VOLUNTARY  STERILIZATION  PROCEDURES;  PATIENT EDUCATION AND COUN-
SELING ON CONTRACEPTION; AND FOLLOW-UP SERVICES RELATED  TO  THE  DRUGS,
DEVICES,  PRODUCTS, AND PROCEDURES COVERED UNDER THIS CLAUSE, INCLUDING,
BUT NOT LIMITED TO, MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED
ADHERENCE, AND DEVICE INSERTION AND REMOVAL. EXCEPT AS OTHERWISE AUTHOR-
IZED UNDER THIS CLAUSE, A CONTRACT SHALL NOT IMPOSE ANY RESTRICTIONS  OR
DELAYS  ON  THE  COVERAGE REQUIRED UNDER THIS CLAUSE. HOWEVER, WHERE THE
FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL  EQUIVALENT,
AS  DEFINED  BY  THE  FDA,  VERSIONS OF A CONTRACEPTIVE DRUG, DEVICE, OR
PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH THERAPEUTIC  AND
PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO LONG AS AT LEAST
ONE  IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN ACCORDANCE WITH
THIS CLAUSE. IF THE COVERED THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT
VERSIONS  OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED
MEDICALLY INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSION OF  THE  CONTRACEPTIVE
DRUG,  DEVICE,  OR  PRODUCT  WITHOUT  COST-SHARING.  THIS COVERAGE SHALL
INCLUDE  EMERGENCY  CONTRACEPTION  WITHOUT  COST-SHARING  WHEN  PROVIDED
PURSUANT  TO  AN  ORDINARY  PRESCRIPTION,  NON-PATIENT  SPECIFIC REGIMEN
ORDER, OR ORDER UNDER SECTION  SIXTY-EIGHT  HUNDRED  THIRTY-ONE  OF  THE
EDUCATION   LAW   AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN  THROUGH  A
PRESCRIPTION OR ORDER; AND THIS COVERAGE MUST ALLOW FOR  THE  DISPENSING
OF TWELVE MONTHS WORTH OF A CONTRACEPTIVE AT ONE TIME.
  S  5.  Paragraph  (d)  of subdivision 3 of section 365-a of the social
services law, as amended by chapter 909 of  the  laws  of  1974  and  as
relettered  by  chapter  82  of  the laws of 1995, is amended to read as
follows:
  (d) family planning services and TWELVE MONTHS OF supplies for  eligi-
ble  persons  of  childbearing  age, including children under twenty-one
years of age who can be considered  sexually  active,  who  desire  such
services  and  supplies,  in accordance with the requirements of federal
law and regulations and the regulations of  the  department.  No  person
shall be compelled or coerced to accept such services or supplies.
  S  6.  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, paragraph (e) as added by chapter 352 of the laws of  2014  and
paragraph  (f) as added by section 6 of part V of chapter 57 of the laws
of 2015, is amended to read as follows:

A. 8135                             6

  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) 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[.]; OR
  [(f)] (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.
  (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.
  (C)  the  urgent  or emergency treatment of opioid related overdose or
suspected opioid related overdose.
  S 7. 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 8. 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
NONPRESCRIPTION  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-
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

A. 8135                             7

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  9.  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, paragraph (e) as  added  by  chapter
352  of the laws of 2014 and paragraph (f) as added by section 5 of part
V of chapter 57 of the laws of 2015, 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:
  (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[.]; OR
  [(f)] (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.
  (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.
  (C) the urgent or emergency treatment of opioid  related  overdose  or
suspected opioid related overdose.
  S  10. 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.
  S  11.  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. 8135                             8

  (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 12. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (l) to read as follows:
  (L)  EMERGENCY  CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
  S 13. This act shall  take  effect  January  1,  2016;  provided  that
section  six  of  this  act shall take effect January 1, 2017; provided,
however, that if section 6 of part V of chapter 57 of the laws  of  2015
shall  not  have taken effect on or before such date then the amendments
to paragraph (f) of subdivision 6 of section 6527 and paragraph  (f)  of
subdivision  4 of section 6909 of the education law made by sections six
and nine of this act shall take effect on the same date and same  manner
as such chapter of the laws of 2015 takes effect.

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

                                 8135--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2015
                               ___________

Introduced  by  M.  of  A.  CAHILL,  SEAWRIGHT, ROSENTHAL, GALEF, GLICK,
  JAFFEE,  KAMINSKY,  RUSSELL,  SIMOTAS,  SOLAGES,  GOTTFRIED,   LAVINE,
  BARRON,  BLAKE,  BARRETT, MAGNARELLI -- Multi-Sponsored by -- M. of A.
  ARROYO, BRAUNSTEIN, BRONSON, CLARK, COOK, DUPREY, FAHY, FARRELL, HOOP-
  ER, LIFTON, LUPARDO, MAYER, McLAUGHLIN, MOSLEY, PEOPLES-STOKES, ROZIC,
  SCHIMEL, SIMON, THIELE, TITUS -- (at request of the Department of Law)
  -- read once and referred to the Committee on Insurance -- recommitted
  to the Committee on Insurance in accordance with Assembly Rule 3, sec.
  2 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

AN  ACT  to amend the insurance law, the social services law, the educa-
  tion law and the public health law, in relation  to  requiring  health
  insurance  policies to include coverage of all FDA-approved contracep-
  tive drugs, devices, and products, as well as voluntary  sterilization
  procedures, contraceptive education and counseling, and related follow
  up  services  and  prohibiting a health insurance policy from imposing
  any cost-sharing requirements or other  restrictions  or  delays  with
  respect to this coverage

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

  Section 1. This act shall be known and may be cited as the "comprehen-
sive contraception coverage act".
  S 2. Paragraph 16 of subsection (l) of section 3221 of  the  insurance
law,  as added by chapter 554 of the laws of 2002, is amended to read as
follows:
  (16) (A) Every group or blanket policy [which  provides  coverage  for
prescription  drugs shall include coverage for the cost of contraceptive
drugs or devices approved by the federal food and drug administration or
generic equivalents approved as substitutes by such food and drug admin-
istration under the prescription  of  a  health  care  provider  legally
authorized  to  prescribe  under  title  eight of the education law. The

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10923-09-6
              

A. 8135--A                          2

coverage required by this section shall  be  included  in  policies  and
certificates only through the addition of a rider.
  (A)]  THAT  IS  ISSUED, AMENDED, RENEWED, EFFECTIVE OR DELIVERED ON OR
AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, SHALL PROVIDE COVERAGE  FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
  (1) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS  INCLUDES  ALL  FDA-APPROVED  OVER-THE-COUNTER CONTRACEPTIVE DRUGS,
DEVICES, AND PRODUCTS AS PRESCRIBED OR  AS  OTHERWISE  AUTHORIZED  UNDER
STATE OR FEDERAL LAW. THE FOLLOWING APPLIES TO THIS COVERAGE:
  (A)  WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEU-
TICAL EQUIVALENT, AS DEFINED BY THE FDA,  VERSIONS  OF  A  CONTRACEPTIVE
DRUG,  DEVICE,  OR PRODUCT, A GROUP OR BLANKET POLICY IS NOT REQUIRED TO
INCLUDE ALL SUCH THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS  IN
ITS  FORMULARY,  SO LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT
COST-SHARING AND IN ACCORDANCE WITH THIS PARAGRAPH;
  (B) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT  VERSIONS
OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A GROUP OR BLANKET POLICY  SHALL  PROVIDE  COVERAGE  FOR  AN
ALTERNATE  THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT  VERSION  OF THE
CONTRACEPTIVE DRUG, DEVICE, OR PRODUCT WITHOUT COST-SHARING;
  (C) THIS COVERAGE SHALL INCLUDE EMERGENCY CONTRACEPTION WITHOUT  COST-
SHARING  WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PATIENT
SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-ONE OF THE EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN
THROUGH A PRESCRIPTION OR ORDER; AND
  (D) THIS COVERAGE MUST ALLOW FOR THE DISPENSING OF TWELVE MONTHS WORTH
OF A CONTRACEPTIVE AT ONE TIME;
  (2) VOLUNTARY STERILIZATION PROCEDURES;
  (3) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
  (4)  FOLLOW-UP  SERVICES  RELATED TO THE DRUGS, DEVICES, PRODUCTS, AND
PROCEDURES COVERED UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED  TO,
MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
  (B) A GROUP OR BLANKET POLICY SUBJECT  TO  THIS  PARAGRAPH  SHALL  NOT
IMPOSE  A  DEDUCTIBLE, COINSURANCE, COPAYMENT, OR ANY OTHER COST-SHARING
REQUIREMENT ON THE COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH.
  (C) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS PARAGRAPH,  A  GROUP  OR
BLANKET POLICY SHALL NOT IMPOSE ANY RESTRICTIONS OR DELAYS ON THE COVER-
AGE REQUIRED UNDER THIS PARAGRAPH.
  (D)  BENEFITS  FOR  AN ENROLLEE UNDER THIS PARAGRAPH SHALL BE THE SAME
FOR AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND  COVERED
NONSPOUSE DEPENDENTS.
  (E)  Notwithstanding  any  other provision of this subsection, a reli-
gious employer may request a contract without coverage for federal  food
and drug administration approved contraceptive methods that are contrary
to  the  religious  employer's  religious  tenets. If so requested, such
contract shall be provided without coverage for  contraceptive  methods.
This  paragraph  shall not be construed to deny an enrollee coverage of,
and timely access to, contraceptive methods.
  (1) For purposes of this subsection,  a  "religious  employer"  is  an
entity for which each of the following is true:
  (a) The inculcation of religious values is the purpose of the entity.
  (b)  The  entity  primarily  employs  persons  who share the religious
tenets of the entity.
  (c) The entity serves primarily persons who share the religious tenets
of the entity.

A. 8135--A                          3

  (d) The entity is a nonprofit organization  as  described  in  Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
  (2) Every religious employer that invokes the exemption provided under
this  paragraph  shall  provide  written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
  [(B) (i)] (F) (1) Where a group policyholder makes an election not  to
purchase  coverage for contraceptive drugs or devices in accordance with
subparagraph (A) of this paragraph each certificateholder covered  under
the  policy  issued  to  that group policyholder shall have the right to
directly purchase the rider required by this paragraph from the  insurer
which  issued  the  group policy at the prevailing small group community
rate for such rider whether or not the  employee  is  part  of  a  small
group.
  [(ii)]  (2)  Where  a  group  policyholder  makes  an  election not to
purchase coverage for contraceptive drugs or devices in accordance  with
subparagraph  (A)  of  this  paragraph,  the  insurer that provides such
coverage shall provide written notice to certificateholders upon enroll-
ment with the insurer of their right to directly purchase  a  rider  for
coverage  for  the  cost  of  contraceptive drugs or devices. The notice
shall also advise the certificateholders of the additional  premium  for
such coverage.
  [(C)]  (G) Nothing in this paragraph shall be construed as authorizing
a group or blanket policy which provides coverage for prescription drugs
to exclude coverage for prescription drugs prescribed for reasons  other
than contraceptive purposes.
  [(D) Such coverage may be subject to reasonable annual deductibles and
coinsurance  as  may  be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
  S 3. Subsection (cc) of section 4303 of the insurance law, as added by
chapter 554 of the laws of 2002, is amended to read as follows:
  (cc) (1) Every contract  [which  provides  coverage  for  prescription
drugs  shall  include  coverage  for  the cost of contraceptive drugs or
devices approved by the federal food and drug administration or  generic
equivalents approved as substitutes by such food and drug administration
under  the  prescription of a health care provider legally authorized to
prescribe under title eight of the education law. The coverage  required
by  this  section  shall  be included in contracts and certificates only
through the addition of a rider.
  (1)] THAT IS ISSUED, AMENDED, RENEWED, EFFECTIVE OR  DELIVERED  ON  OR
AFTER  JANUARY FIRST, TWO THOUSAND SEVENTEEN, SHALL PROVIDE COVERAGE FOR
ALL OF THE FOLLOWING SERVICES AND CONTRACEPTIVE METHODS:
  (A) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS.
THIS INCLUDES ALL  FDA-APPROVED  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,
DEVICES,  AND  PRODUCTS  AS  PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER
STATE OR FEDERAL LAW.  THE FOLLOWING APPLIES TO THIS COVERAGE:
  (I) WHERE THE FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND  PHARMACEU-
TICAL  EQUIVALENT,  AS  DEFINED  BY THE FDA, VERSIONS OF A CONTRACEPTIVE
DRUG, DEVICE, OR PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY,  SO
LONG AS AT LEAST ONE IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN
ACCORDANCE WITH THIS SUBSECTION;
  (II) IF THE COVERED THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSIONS
OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED MEDICALLY
INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE THERAPEU-

A. 8135--A                          4

TIC AND PHARMACEUTICAL EQUIVALENT VERSION  OF  THE  CONTRACEPTIVE  DRUG,
DEVICE, OR PRODUCT WITHOUT COST-SHARING;
  (III)  THIS  COVERAGE  SHALL  INCLUDE  EMERGENCY CONTRACEPTION WITHOUT
COST-SHARING WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION, NON-PA-
TIENT SPECIFIC REGIMEN ORDER, OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-ONE OF THE EDUCATION LAW AND WHEN LAWFULLY  PROVIDED  OTHER  THAN
THROUGH A PRESCRIPTION OR ORDER; AND
  (IV)  THIS  COVERAGE  MUST  ALLOW  FOR THE DISPENSING OF TWELVE MONTHS
WORTH OF A CONTRACEPTIVE AT ONE TIME;
  (B) VOLUNTARY STERILIZATION PROCEDURES;
  (C) PATIENT EDUCATION AND COUNSELING ON CONTRACEPTION; AND
  (D) FOLLOW-UP SERVICES RELATED TO THE DRUGS,  DEVICES,  PRODUCTS,  AND
PROCEDURES COVERED UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
MANAGEMENT  OF  SIDE  EFFECTS,  COUNSELING  FOR CONTINUED ADHERENCE, AND
DEVICE INSERTION AND REMOVAL.
  (2) A CONTRACT SUBJECT TO THIS SUBSECTION SHALL NOT IMPOSE  A  DEDUCT-
IBLE,  COINSURANCE,  COPAYMENT, OR ANY OTHER COST-SHARING REQUIREMENT ON
THE COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION.
  (3) EXCEPT AS OTHERWISE AUTHORIZED UNDER THIS SUBSECTION,  A  CONTRACT
SHALL  NOT  IMPOSE  ANY  RESTRICTIONS OR DELAYS ON THE COVERAGE REQUIRED
UNDER THIS SUBSECTION.
  (4) BENEFITS FOR AN ENROLLEE UNDER THIS SUBSECTION SHALL BE  THE  SAME
FOR  AN  ENROLLEE'S  COVERED  SPOUSE  OR  DOMESTIC  PARTNER  AND COVERED
NONSPOUSE DEPENDENTS.
  (5) Notwithstanding any other provision of this  subsection,  a  reli-
gious  employer may request a contract without coverage for federal food
and drug administration approved contraceptive methods that are contrary
to the religious employer's religious  tenets.  If  so  requested,  such
contract  shall  be provided without coverage for contraceptive methods.
This paragraph shall not be construed to deny an enrollee  coverage  of,
and timely access to, contraceptive methods.
  (A)  For  purposes  of  this  subsection, a "religious employer" is an
entity for which each of the following is true:
  (i) The inculcation of religious values is the purpose of the entity.
  (ii) The entity primarily employs  persons  who  share  the  religious
tenets of the entity.
  (iii)  The  entity  serves  primarily  persons who share the religious
tenets of the entity.
  (iv) The entity is a nonprofit organization as  described  in  Section
6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
  (B) Every religious employer that invokes the exemption provided under
this  paragraph  shall  provide  written notice to prospective enrollees
prior to enrollment with the plan, listing the contraceptive health care
services the employer refuses to cover for religious reasons.
  [(2) (A) Where  a  group  contractholder  makes  an  election  not  to
purchase  coverage for contraceptive drugs or devices in accordance with
paragraph one of  this  subsection,  each  enrollee  covered  under  the
contract  issued  to  that  group contractholder shall have the right to
directly purchase the rider required by this subsection from the insurer
or health maintenance organization which issued the  group  contract  at
the  prevailing small group community rate for such rider whether or not
the employee is part of a small group.
  (B) Where a group contractholder makes an  election  not  to  purchase
coverage for contraceptive drugs or devices in accordance with paragraph
one  of  this subsection, the insurer or health maintenance organization
that provides such coverage shall provide written  notice  to  enrollees

A. 8135--A                          5

upon  enrollment  with the insurer or health maintenance organization of
their right to directly purchase a rider for coverage for  the  cost  of
contraceptive  drugs or devices. The notice shall also advise the enrol-
lees of the additional premium for such coverage.
  (3)](6) Nothing in this subsection shall be construed as authorizing a
contract  which  provides  coverage  for  prescription  drugs to exclude
coverage for  prescription  drugs  prescribed  for  reasons  other  than
contraceptive purposes.
  [(4) Such coverage may be subject to reasonable annual deductibles and
coinsurance  as  may  be deemed appropriate by the superintendent and as
are consistent with those established for other drugs or devices covered
under the policy.]
  S 4. Subparagraph (E) of paragraph 17 of  subsection  (i)  of  section
3216  of the insurance law is amended by adding a new clause (v) to read
as follows:
  (V) ALL FDA-APPROVED CONTRACEPTIVE DRUGS, DEVICES, AND OTHER PRODUCTS,
INCLUDING  ALL  OVER-THE-COUNTER  CONTRACEPTIVE  DRUGS,   DEVICES,   AND
PRODUCTS AS PRESCRIBED OR AS OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL
LAW;  VOLUNTARY  STERILIZATION  PROCEDURES;  PATIENT EDUCATION AND COUN-
SELING ON CONTRACEPTION; AND FOLLOW-UP SERVICES RELATED  TO  THE  DRUGS,
DEVICES,  PRODUCTS, AND PROCEDURES COVERED UNDER THIS CLAUSE, INCLUDING,
BUT NOT LIMITED TO, MANAGEMENT OF SIDE EFFECTS, COUNSELING FOR CONTINUED
ADHERENCE, AND DEVICE INSERTION AND REMOVAL. EXCEPT AS OTHERWISE AUTHOR-
IZED UNDER THIS CLAUSE, A CONTRACT SHALL NOT IMPOSE ANY RESTRICTIONS  OR
DELAYS  ON  THE  COVERAGE REQUIRED UNDER THIS CLAUSE. HOWEVER, WHERE THE
FDA HAS APPROVED ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL  EQUIVALENT,
AS  DEFINED  BY  THE  FDA,  VERSIONS OF A CONTRACEPTIVE DRUG, DEVICE, OR
PRODUCT, A CONTRACT IS NOT REQUIRED TO INCLUDE ALL SUCH THERAPEUTIC  AND
PHARMACEUTICAL EQUIVALENT VERSIONS IN ITS FORMULARY, SO LONG AS AT LEAST
ONE  IS INCLUDED AND COVERED WITHOUT COST-SHARING AND IN ACCORDANCE WITH
THIS CLAUSE. IF THE COVERED THERAPEUTIC  AND  PHARMACEUTICAL  EQUIVALENT
VERSIONS  OF  A DRUG, DEVICE, OR PRODUCT ARE NOT AVAILABLE OR ARE DEEMED
MEDICALLY INADVISABLE A CONTRACT SHALL PROVIDE COVERAGE FOR AN ALTERNATE
THERAPEUTIC AND PHARMACEUTICAL EQUIVALENT VERSION OF  THE  CONTRACEPTIVE
DRUG,  DEVICE,  OR  PRODUCT  WITHOUT  COST-SHARING.  THIS COVERAGE SHALL
INCLUDE  EMERGENCY  CONTRACEPTION  WITHOUT  COST-SHARING  WHEN  PROVIDED
PURSUANT  TO  AN  ORDINARY  PRESCRIPTION,  NON-PATIENT  SPECIFIC REGIMEN
ORDER, OR ORDER UNDER SECTION  SIXTY-EIGHT  HUNDRED  THIRTY-ONE  OF  THE
EDUCATION   LAW   AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN  THROUGH  A
PRESCRIPTION OR ORDER; AND THIS COVERAGE MUST ALLOW FOR  THE  DISPENSING
OF TWELVE MONTHS WORTH OF A CONTRACEPTIVE AT ONE TIME.
  S  5.  Paragraph  (d)  of subdivision 3 of section 365-a of the social
services law, as amended by chapter 909 of  the  laws  of  1974  and  as
relettered  by  chapter  82  of  the laws of 1995, is amended to read as
follows:
  (d) family planning services and TWELVE MONTHS OF supplies for  eligi-
ble  persons  of  childbearing  age, including children under twenty-one
years of age who can be considered  sexually  active,  who  desire  such
services  and  supplies,  in accordance with the requirements of federal
law and regulations and the regulations of  the  department.  No  person
shall be compelled or coerced to accept such services or supplies.
  S  6.  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, paragraph (e) as added by chapter 352 of the laws of  2014  and

A. 8135--A                          6

paragraph  (f) as added by section 6 of part V of chapter 57 of the laws
of 2015, 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[.];
  [(f)] (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
  (VII)  the urgent or emergency treatment of opioid related overdose or
suspected opioid related overdose.
  (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 6-a. Paragraph (c) of subdivision 6 of section 6527 of the education
law, as amended by chapter 464 of the laws of 2015, is amended  to  read
as follows:
  [(c)](III)  administering  purified  protein derivative (PPD) tests or
other tests to detect or screen for tuberculosis infections[.];
  S 7. 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 PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGIMEN  OF  EMER-
GENCY  CONTRACEPTION, TO BE SELF-ADMINISTERED BY THE PATIENT, PRESCRIBED
OR ORDERED BY A LICENSED PHYSICIAN,  CERTIFIED  NURSE  PRACTITIONER,  OR
LICENSED  MIDWIFE,  UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-TWO OF THIS
ARTICLE.
  S 8. 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
NONPRESCRIPTION  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 THE DISPENSING OF
EMERGENCY   CONTRACEPTION   BY  A  LICENSED  PHARMACIST  PURSUANT  TO  A

A. 8135--A                          7

PRESCRIPTION OR ORDER FOR A NON-PATIENT SPECIFIC REGIMEN MADE BY A PRES-
CRIBER 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 THE DISPENSING OF EMERGENCY CONTRACEP-
TION BY A LICENSED PHARMACIST SHALL BE DONE IN ACCORDANCE  WITH  PROFES-
SIONAL  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  HOSPITAL  (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  9.  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, paragraph (e) as  added  by  chapter
352  of the laws of 2014 and paragraph (f) as added by section 5 of part
V of chapter 57 of the laws of 2015, 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:
  (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[.];
  [(f)] (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
  (VII) the urgent or emergency treatment of opioid related overdose  or
suspected opioid related overdose.
  (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-a. Paragraph (c) of subdivision 4 of section 6909 of the education
law,  as  amended by chapter 464 of the laws of 2015, is amended to read
as follows:

A. 8135--A                          8

  [(c)](III) administering purified protein derivative  (PPD)  tests  or
other tests to detect or screen for tuberculosis infections[.];
  S  10. 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.
  S  11.  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 12. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (m) to read as follows:
  (M)  EMERGENCY  CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
  S 13. This act shall  take  effect  January  1,  2017;  provided  that
section  six  of  this  act shall take effect January 1, 2018; provided,
however, that if chapter 464 of the laws of 2015 shall  not  have  taken
effect  on  or  before such date then the amendments to paragraph (c) of
subdivision 6 of section 6527 of the education law made by section six-a
of this act shall take effect on the same date and in the same manner as
chapter 464 of the laws of 2015, takes effect; provided,  further,  that
if  chapter  464  of  the laws of 2015 shall not have taken effect on or
before such date then the amendments to paragraph (c) of  subdivision  4
of  section 6909 of the education law made by section nine-a of this act
shall take effect on the same date and in the same manner as chapter 464
of the laws of 2015, takes effect; and provided, further, that effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date is authorized and directed to be made and completed by the  commis-
sioner of education and the board of regents on or before such effective
date.