S T A T E O F N E W Y O R K
________________________________________________________________________
7860
I N S E N A T E
January 12, 2022
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
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".
§ 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
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.
§ 3. Subdivision 6 of section 6527 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
of the laws of 2015, paragraph (d) as added by chapter 429 of the laws
of 2005, paragraph (e) as added by chapter 352 of the laws of 2014,
paragraph (f) as added by section 6 of part V of chapter 57 of the laws
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01965-03-2
S. 7860 2
of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016,
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 or
other tests to detect or screen for tuberculosis infections[.];
[(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) the urgent or emergency treatment of opioid related over-
dose or suspected opioid related overdose[.];
[(g)] (VII) screening of persons at increased risk of syphilis, gonor-
rhea and chlamydia[.];
(VIII) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-THREE 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-THREE OF THIS TITLE.
§ 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-
THREE OF THIS ARTICLE.
§ 5. The education law is amended by adding a new section 6833 to read
as follows:
§ 6833. 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 ADMINIS-
TRATION, 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
S. 7860 3
TITLE. THIS SECTION DOES NOT APPLY TO ADMINISTERING OR DISPENSING EMER-
GENCY 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.
§ 6. Subdivision 4 of section 6909 of the education law, as added by
chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
of 2015, paragraph (d) as added by chapter 429 of the laws of 2005,
paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
as added by section 5 of part V of chapter 57 of the laws of 2015 and
paragraph (g) as added by chapter 502 of the laws of 2016, 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 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 or
other tests to detect or screen for tuberculosis infections[.];
[(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) the urgent or emergency treatment of opioid related overdose
or suspected opioid related overdose[.];
[(g)](VII) screening of persons at increased risk for syphilis, gonor-
rhea and chlamydia[.];
(VIII) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO
BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
THIRTY-THREE 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-THREE OF THIS TITLE.
§ 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:
S. 7860 4
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.
§ 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-THREE 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-THREE OF THIS TITLE.
§ 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-THREE OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-THREE OF THE EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
§ 10. Section 3221 of the insurance law is amended by adding a new
subsection (u) to read as follows:
(U) 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-THREE OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-THREE OF THE EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
§ 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-THREE OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT HUNDRED THIR-
TY-THREE OF THE EDUCATION LAW AND WHEN LAWFULLY PROVIDED OTHER THAN
THROUGH A PRESCRIPTION OR ORDER.
§ 12. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (q) to read as follows:
(Q) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT ITS SAFETY,
EFFICACY, APPROPRIATE USE AND AVAILABILITY.
§ 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.