S T A T E   O F   N E W   Y O R K
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                                  1043--A
     Cal. No. 153
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by Sens. STAVISKY, BROUK, FERNANDEZ, HOYLMAN-SIGAL, KENNEDY,
   LIU -- read twice and ordered printed, and when printed to be  commit-
   ted  to  the  Committee on Higher Education -- reported favorably from
   said committee and committed to the Committee  on  Rules  --  reported
   favorably  from  said committee, ordered to a third reading, passed by
   Senate and delivered to the  Assembly,  recalled,  vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the education law and the public health law, in relation
   to the dispensing of self-administered hormonal contraceptives
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6527 of the education law is amended by adding a
 new subdivision 11 to read as follows:
   11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
 IC ORDER TO A PHARMACIST LICENSED AND LOCATED IN THE STATE, PURSUANT  TO
 REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH SECTION
 SIXTY-EIGHT  HUNDRED ONE OF THIS TITLE, FOR DISPENSING SELF-ADMINISTERED
 HORMONAL CONTRACEPTIVES AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED TWO OF
 THIS TITLE.
   § 2. Section 6802 of the education law is  amended  by  adding  a  new
 subdivision 29 to read as follows:
   29.  "SELF-ADMINISTERED  HORMONAL  CONTRACEPTIVES", FOR THE PURPOSE OF
 SECTION SIXTY-EIGHT HUNDRED ONE OF THIS ARTICLE, MEANS SELF-ADMINISTERED
 CONTRACEPTIVE MEDICATIONS OR DEVICES APPROVED BY THE  FEDERAL  FOOD  AND
 DRUG  ADMINISTRATION  TO PREVENT PREGNANCY BY USING HORMONES TO REGULATE
 OR PREVENT OVULATION, AND INCLUDES ORAL HORMONAL CONTRACEPTIVES, HORMON-
 AL CONTRACEPTIVE VAGINAL RINGS AND HORMONAL CONTRACEPTIVE PATCHES.
   § 3. Section 6801 of the education law is  amended  by  adding  a  new
 subdivision 9 to read as follows:
    9.  A. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER
 FOR  THE  DISPENSING  OF   SELF-ADMINISTERED   HORMONAL   CONTRACEPTIVES
 PRESCRIBED  OR  ORDERED  BY  THE  COMMISSIONER  OF  HEALTH,  A PHYSICIAN
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02138-04-3
 S. 1043--A                          2
 
 LICENSED IN THIS STATE OR A NURSE PRACTITIONER CERTIFIED IN  THIS  STATE
 PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
   B.  PRIOR TO DISPENSING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES TO A
 PATIENT, AND AT A MINIMUM OF EVERY  TWELVE  MONTHS  FOR  EACH  RETURNING
 PATIENT, THE PHARMACIST SHALL:
   (I)  PROVIDE  THE  PATIENT WITH A SELF-SCREENING RISK ASSESSMENT QUES-
 TIONNAIRE, DEVELOPED BY THE COMMISSIONER OF HEALTH IN CONSULTATION  WITH
 THE COMMISSIONER, TO BE REVIEWED BY THE PHARMACIST TO IDENTIFY ANY KNOWN
 RISK  FACTORS AND ASSIST THE PATIENT'S SELECTION OF AN APPROPRIATE SELF-
 ADMINISTERED HORMONAL CONTRACEPTIVE; AND
   (II) PROVIDE THE PATIENT WITH A FACT SHEET, DEVELOPED BY  THE  COMMIS-
 SIONER  OF  HEALTH,  THAT  INCLUDES  BUT IS NOT LIMITED TO, THE CLINICAL
 CONSIDERATIONS AND RECOMMENDATIONS  FOR  USE  OF  THE  SELF-ADMINISTERED
 HORMONAL  CONTRACEPTIVE,  THE APPROPRIATE METHOD FOR USING SUCH HORMONAL
 CONTRACEPTIVE, INFORMATION ON THE IMPORTANCE OF FOLLOW-UP  HEALTH  CARE,
 HEALTH  CARE REFERRAL INFORMATION, AND THE ABILITY OF THE PATIENT TO OPT
 OUT OF PRACTITIONER REPORTING REQUIREMENTS.
   C. NO PHARMACIST SHALL DISPENSE SELF-ADMINISTERED HORMONAL  CONTRACEP-
 TIVES  UNDER THIS SUBDIVISION WITHOUT RECEIVING TRAINING SATISFACTORY TO
 THE COMMISSIONER.
   D. A PHARMACIST SHALL NOTIFY THE PATIENT'S PRIMARY HEALTH CARE PRACTI-
 TIONER, UNLESS THE PATIENT OPTS OUT OF SUCH NOTIFICATION, WITHIN  SEVEN-
 TY-TWO  HOURS  OF DISPENSING A SELF-ADMINISTERED HORMONAL CONTRACEPTIVE,
 THAT SUCH SELF-ADMINISTERED HORMONAL CONTRACEPTIVE HAS  BEEN  DISPENSED.
 IF  THE  PATIENT DOES NOT HAVE A PRIMARY HEALTH CARE PRACTITIONER, OR IS
 UNABLE TO PROVIDE CONTACT INFORMATION  FOR  THEIR  PRIMARY  HEALTH  CARE
 PRACTITIONER,  THE  PHARMACIST  SHALL PROVIDE THE PATIENT WITH A WRITTEN
 RECORD OF THE  CONTRACEPTIVES  DISPENSED,  AND  ADVISE  THE  PATIENT  TO
 CONSULT AN APPROPRIATE HEALTH CARE PRACTITIONER.
   E.  NOTHING IN THIS SUBDIVISION SHALL PREVENT A PHARMACIST FROM REFUS-
 ING TO  DISPENSE  A  NON-PATIENT  SPECIFIC  ORDER  OF  SELF-ADMINISTERED
 HORMONAL CONTRACEPTIVE PURSUANT TO THIS SUBDIVISION IF, IN THEIR PROFES-
 SIONAL JUDGMENT, POTENTIAL ADVERSE EFFECTS, INTERACTIONS OR OTHER THERA-
 PEUTIC COMPLICATIONS COULD ENDANGER THE HEALTH OF THE PATIENT.
   §  4.  Section  6909  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER  A  NON-PA-
 TIENT  SPECIFIC ORDER TO A PHARMACIST LICENSED AND LOCATED IN THE STATE,
 PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND  CONSISTENT
 WITH SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR DISPENSING SELF-
 ADMINISTERED  HORMONAL  CONTRACEPTIVES AS DEFINED IN SECTION SIXTY-EIGHT
 HUNDRED TWO OF THIS TITLE.
   § 5. The public health law is amended by adding a new section 267-a to
 read as follows:
   § 267-A. SELF-ADMINISTERED HORMONAL CONTRACEPTIVES.  THE  COMMISSIONER
 IS AUTHORIZED TO ESTABLISH A NON-PATIENT SPECIFIC ORDER, CONSISTENT WITH
 SECTION  SIXTY-EIGHT  HUNDRED  ONE  OF THE EDUCATION LAW, FOR DISPENSING
 SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AS DEFINED IN  SECTION  SIXTY-
 EIGHT HUNDRED TWO OF SUCH CHAPTER.
   §  6.  This  act shall take effect eighteen months after it shall have
 become a law. Effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.