S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3792
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by Sens. KRUEGER, RIVERA, STAVISKY -- 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 the dispensing of
   contraceptive drugs and devices that are self-administered

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The  education  law  is amended by adding a new section
 6505-d to read as follows:
   § 6505-D. NON-PATIENT SPECIFIC REGIMEN. A NON-PATIENT SPECIFIC REGIMEN
 PRESCRIBED AND ORDERED UNDER THIS  CHAPTER  SHALL  BE  DEEMED  TO  BE  A
 PRESCRIPTION FOR ALL PURPOSES OF THE INSURANCE LAW.
   §  2.  Section  6527  of  the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
 REGIMEN TO A LICENSED PHARMACIST, FOR DISPENSING CONTRACEPTIVE DRUGS AND
 DEVICES THAT ARE SELF-ADMINISTERED AND APPROVED BY THE FEDERAL FOOD  AND
 DRUG  ADMINISTRATION, IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRAC-
 TICE AND SUBDIVISION FOUR OF SECTION SIXTY-EIGHT HUNDRED SEVEN  OF  THIS
 TITLE.
   §  3.  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. A LICENSED PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGI-
 MEN OF CONTRACEPTIVE DRUGS AND DEVICES THAT  ARE  SELF-ADMINISTERED  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06008-01-7

 S. 3792                             2
 
 APPROVED  BY  THE  FEDERAL  FOOD  AND DRUG ADMINISTRATION, PRESCRIBED OR
 ORDERED BY  A  LICENSED  PHYSICIAN,  CERTIFIED  NURSE  PRACTITIONER,  OR
 LICENSED  MIDWIFE,  PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE
 COMMISSIONER,  IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRACTICE AND
 THE PROVISIONS OF THIS SUBDIVISION.
   B. THE DISPENSING OF CONTRACEPTIVE DRUGS AND DEVICES THAT ARE SELF-AD-
 MINISTERED BY A LICENSED PHARMACIST UNDER THIS SUBDIVISION SHALL BE DONE
 IN ACCORDANCE WITH WRITTEN PROCEDURES AND PROTOCOLS DEVELOPED BY A PHAR-
 MACIST AND A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTITIONER,  LICENSED
 MIDWIFE,  OR  A  HOSPITAL  (LICENSED  UNDER  ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH  LAW)  THAT  PROVIDES  GYNECOLOGICAL  OR  FAMILY  PLANNING
 SERVICES.    WHEN CONTRACEPTIVE DRUGS AND DEVICES THAT ARE SELF-ADMINIS-
 TERED ARE DISPENSED UNDER THIS SUBDIVISION, THE PHARMACIST SHALL PROVIDE
 TO THE PATIENT A FACT SHEET THAT INCLUDES  THE  CLINICAL  CONSIDERATIONS
 AND  RECOMMENDATIONS  FOR  USE  OF  THE DRUG, THE APPROPRIATE METHOD FOR
 USING THE DRUG, INFORMATION ON THE IMPORTANCE OF FOLLOW-UP HEALTH  CARE,
 AND  HEALTH  CARE  REFERRAL  INFORMATION. THE COMMISSIONER SHALL DEVELOP
 THIS FACT SHEET IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH  AND  THE
 AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. PRIOR TO DISPENSING
 CONTRACEPTIVE DRUGS AND DEVICES THAT ARE SELF-ADMINISTERED AS AUTHORIZED
 UNDER  THIS SECTION, A PHARMACIST SHALL SUCCESSFULLY COMPLETE CONTRACEP-
 TIVE DRUG THERAPY EDUCATION AND TRAINING IN ACCORDANCE WITH  SUBDIVISION
 SEVEN OF SECTION SIXTY-EIGHT HUNDRED TWENTY-SEVEN OF THIS ARTICLE.
   §  4.  Section  6827  of  the education law is amended by adding a new
 subdivision 7 to read as follows:
   7. ACCEPTABLE FORMAL CONTINUING EDUCATION  UNDER  THIS  SECTION  SHALL
 INCLUDE  EDUCATION  AND TRAINING IN CONTRACEPTIVE DRUGS AND DEVICES THAT
 ARE SELF-ADMINISTERED, IN ACCORDANCE WITH REGULATIONS OF THE COMMISSION-
 ER. THE COMMISSIONER MAY PROVIDE THAT A PHARMACIST WHO  HAS  HAD  SUFFI-
 CIENTLY  RECENT  EDUCATION  AND  TRAINING  IN CONTRACEPTIVE DRUGS MAY BE
 EXEMPTED FROM THE REQUIREMENT OF THIS SUBDIVISION.
   § 5. Subdivision 4 of section 6909 of the education law is amended  by
 adding a new paragraph (h) to read as follows:
   (H)  CONTRACEPTIVE  DRUGS  AND  DEVICES THAT ARE SELF-ADMINISTERED AND
 APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, IN ACCORDANCE WITH
 PROFESSIONAL STANDARDS OF PRACTICE.
   § 6. 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.
   §  7.  Section  6909  of  the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND  ORDER  A  NON-PA-
 TIENT  SPECIFIC REGIMEN TO A LICENSED PHARMACIST, FOR DISPENSING CONTRA-
 CEPTIVE DRUGS AND DEVICES THAT ARE SELF-ADMINISTERED AND APPROVED BY THE
 FEDERAL FOOD AND DRUG ADMINISTRATION, IN  ACCORDANCE  WITH  PROFESSIONAL
 STANDARDS  OF  PRACTICE  AND  SUBDIVISION  FOUR  OF  SECTION SIXTY-EIGHT
 HUNDRED SEVEN OF THIS TITLE.
   § 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 CONSISTENT WITH THE PUBLIC HEALTH LAW,
 TO:

 S. 3792                             3
 
   (A)  A  REGISTERED  PROFESSIONAL  NURSE  FOR  CONTRACEPTIVE  DRUGS AND
 DEVICES THAT ARE SELF-ADMINISTERED AND APPROVED BY THE FEDERAL FOOD  AND
 DRUG  ADMINISTRATION, IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRAC-
 TICE; OR
   (B)  A  LICENSED  PHARMACIST,  FOR  DISPENSING CONTRACEPTIVE DRUGS AND
 DEVICES THAT ARE SELF-ADMINISTERED AND APPROVED BY THE FEDERAL FOOD  AND
 DRUG  ADMINISTRATION, IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRAC-
 TICE AND SUBDIVISION FOUR OF SECTION SIXTY-EIGHT HUNDRED SEVEN  OF  THIS
 TITLE.
   § 9. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided that 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 date.