S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    480
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. PAULIN, GOTTFRIED, THIELE, GALEF, COOK, RIVERA,
   SEAWRIGHT, JAFFEE,  DINOWITZ,  BICHOTTE,  BARRETT  --  read  once  and
   referred 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.

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

                                                            LBD03775-01-9

 A. 480                              2
 
   4.  A. A LICENSED PHARMACIST MAY DISPENSE A NON-PATIENT SPECIFIC REGI-
 MEN OF CONTRACEPTIVE DRUGS AND DEVICES THAT  ARE  SELF-ADMINISTERED  AND
 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 10 to read as follows:
   10.  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,

 A. 480                              3
 
 CONSISTENT WITH THIS SECTION, AND CONSISTENT WITH THE PUBLIC HEALTH LAW,
 TO:
   (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.