NY State Senate Bill 2023-S1855

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Jan 17, 2023	referred to higher education

co-Sponsors

2023-S1855 (ACTIVE) - Details

See Assembly Version of this Bill:: A2732
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6807, 6909 & 6951, add §6833, Ed L; amd §§3216, 3221 & 4304, Ins L; amd §207, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6954
2017-2018: A2674
2019-2020: A2808
2021-2022: S7860, A5186

2023-S1855 (ACTIVE) - Summary

Provides for dispensing emergency contraception under certain conditions; defines emergency contraception.

2023-S1855 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1855

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the education law, the insurance law and the public
health law, in relation to providing for dispensing emergency contracep-
tion under certain conditions

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will help to reduce the number of unintended pregnan-
cies by increasing access to emergency contraception for women in New
York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one provides that this act shall be Cited as the "unintended
pregnancy prevention act.'

Section two describes legislative finding.

Section three amends subdivision six of section 8527 of the education
law and provides that a licensed physician may prescribe and order a
non-patient specific regimen to a registered professional nurse for
emergency contraception. to be administered to or dispense to be self-
administered by the patient Section three also provides that a licensed
physician prescribe and order a non-patient specific regimen to a
licensed pharmacist, for dispensing emergency contraception, to be self-
administered by the patient

Section four amends subdivision three of section 6807 of the education
law by adding licensed midwife to the list of practitioners who may
prescribe or order a non-patient specific regimen which allows a pharma-
cist to dispense drugs and devices to a registered professional nurse
who may possess and administer, such drugs and devices. Current law only
Mows a licensed physician or certified nurse practitioner to prescribe
and order a non-patient specific regimen. A new subdivision four is also
added to section 6807 of the education law and provides that a licensed
pharmacist may dispense a non-patient specific regimen of emergency
contraception, to be self-administered by the patient which was
prescribed or ordered by a licensed physician, certified nurse practi-
tioner, or licensed midwife.

Section five amends the education law by adding a new section 6829 to
the education law: emergency contraception; non-patient specific
prescription or order. Subdivision one defines the terms *emergency
contraception.' and "prescriber." Subdivision two provides that section
6629 of the education law applies to the administering or dispensing of,
emergency contraception by a registered professional nurse or licensed
Pharmacist pursuant to a prescription or non-patient specific regimen
made by prescriber as outlined in three sections of the education law.
Subdivision three provides that the administering or dispensing of emer-
gency contraception by a registered professional nurse or licensed phar-
macist shall, be done In accordance with professional 'standards of
practice and in accordance with written procedures and protocols'.

Subdivision four outlines the contents of written material that must be
provided to the patient. Such written material shaft be developed or
approved by the commissioner in consultation with the Department Of
Health (DOH) and the American College of Obstetricians and Gynecolo-
gists: (AC00).

Section six amends paragraphs (a) and (b) of subdivision four of section
6909 of the education law. Paragraph (a) provides that emergency contra-
ception is added to the list for which a certified nurse practitioner
may already prescribe:and order a non-patient specific regimen to a
registered professional nurse. Paragraph (b) provides that, in addition
to a registered professional nurse, a certified nurse practitioner may
also prescribe or order a non-patient specific regimen to a licensed
pharmacist, for dispensing emergency contraception.

Section seven amends subdivision five of section 6909 of the education
law by adding a licensed midwife to those practitioners who may already
prescribe and order a non-patient specific regimen to a registered
professional nurse.

Section eight amends section 6951 of the education law by adding a new
subdivision four which provides that a licensed midwife may prescribe
and order a non-patient specific regimen to a registered professional
nurse for emergency contraception to be administered to or dispensed to
be self-administered by the patient and; a licensed pharmacist for
dispensing-emergency contraception; to be self-administered by the
patient.

Sections nine, ten, and eleven amend three sections-of the insurance law
to mandate Maunder these articles any insurance policy that covers emer-
gency contraception shall also cover emergency contraception when
provided by a non-patient specific prescription.

Section twelve adds a new paragraph (q) to subdivision one: of section
207 of the public health law to broaden the education and outreach
program to include information. on emergency Contraception and its safe-
ty, efficacy, appropriate use and availability.

Section thirteen provides that this act shall take effect on the 180th
day after It shall have become 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.

 
JUSTIFICATION:

EC is Safe: In February of 1997, the Food and Drug Administration (FDA)
announced that certain combinations of estrogen and progestin were safe
and effective for use as post-coital emergency Contraception Adminis-
tered in pill form, EC is a higher dosage of standard birth control
pills that serve to prevent pregnancy after unprotected intercourse,
including when birth control :fails or In cases of sexual assault. EC
can reduce the risk of pregnancy from 75% to 89% If the first dose is
taken within 72 hours of unprotected intercourse. EC is almost seven
times more effective if taken within the first 24 hours of unprotected,
intercourse. EC will not cause an abortion; it is not the same as RU-486
(also known as Mifepristone or the medical abortion Pill). In 1999, the
FDA prescription use plan B (Which is Levonorgestrel, a form of:
Progesterone) Is Currently the only brand of emergency contraception
packaged for that use In 2007, Plan B was approved by the FDA: for over
the counter sale for individuals of seventeen yews of age or older. In
2013 the age restriction was lifted and Women of all ages can now
purchase plan B without prescription. Nevertheless, young women in New
York State are still facing some barriers to access EC, as the
prescription mandate for women younger than seventeen years of age is
still in effect for other brands of EQ. This bill would allow. New York
State pharmacists and registered professional nurses to dispense. EC
from a non-patient specific order, written by either a licensed physi-
cian, certified nurse practitioner or licensed midwife, bypassing the
frequent difficulties encountered in obtaining medical appointments at
offices with limited hour, long waits, or inconvenient locations. By
accessing EC in this manner, young women will have the opportunity to
ask questions and have them answered by a healthcare professional who
will also provide a filet sheet and a verbal explanation about EC.
Currently, a pharmacist may refuse to dispense any medication with or
she reasonably feels that it would endanger someone. This same
discretion would apply to EC.

EC Will Significantly Lower the Number of Abortions: In New York State,
there were 120,349 induced abortions in 200Z of which 9,155 were
performed on girls ages seventeen and under, according to the New York
State. Department of Health (NySDOH). Medical experts, including the
American College of Obstetricians and Gynecologists ACOG), believe that
increased access to EC will reduce the number of abortions in New York
by at least one half. Increased access to EC will not only reduce the
number of abortions young women have, but reduce the cost and health
risks associated with pregnancy, childbirth and abortion. A commonsense,
risk-benefit analysis indicates that increased access to EC will enable
young women to pursue a better, healthier future by preventing an unin-
tended pregnancy in a safe and timely fashion.

EC Will Positively impact the Lives of Young Women: Victims of sexual
assault are most often younger women and adolescents. According to
Tjaden and Thoennes, researchers' from the National Institute of
Justice, "Rape is primarily a crime against youth" A study conducted by
National Violence Against Women reported 5495 of rape victims were
between the ages of 12 and 17. Similarly, the National Women's Study
found that 62% of sexual assault victims were under seventeen years of
age. Every two years, Youth Risk Behavior Survey (YRBS) conducts a study
of high school students in grades nine through twelve throughout the
entire country. In 1997; and in 199.9, 8 question was added to the
Massachusetts .survey regarding teen violence. One in five Otis reported
being Sexually or physically abused by a dating partner and of those
females one in ten was sexually abused, The statistics support the fact
that there is a tremendous need for prevention of unintended preghancies
in very young women: A misconception about EC is that by wing women,
especially Young women, access to EC the rate of sexually transmitted
Infections (STIs) will increase and It will lead to more risky sexual
behavior.

However, a study providing EC to 2,117 young women ages 15 to 24,
reported in the January 5, 2005 issue of the Journal, of the American
Medical Association (JAMA), concludes that giving young women access to
EC does not negate the ability of women to act responsibly. The study
confirmed that EC does not increase promiscuity or unprotected sex among
women, nor does it cause women to abandon their regular birth control
methods. Moreover, other methods of birth control such as condoms and VI
Spermicides may already be. purchased over the counter in pharmacies,
grocery stores, or convenience stores. EC Will Be Covered by Insurance:
This legislation provides that if an insurance policy covers contracep-
tion when It is provided pursuant to a prescription, that same policy
shall cover emergency contraception.

Education and Outreach Programs are Effective: In 1998, Washington State
began to conduct public relations ,and promotional activities to
increase public awareness of emergency contraception and of the national
emergency contraception hotline (1-888-NOT-2-LATE)- Calls from Washing-
ton State to the hotline increased tenfold, an average of 1,180 per
month, after the campaign was launched, indicating that outreach
programs are effective. This legislation adds emergency contraception to
the list of health, related issues for which the. Commissioner of
Health' shall conduct education and outreach programs. Making the public
aware. Of the safety, efficacy, appropriate use, and availability of EC
is important to the health and safety of women in New York.

Conclusion: EC is designed to be just that emergency contraception, to
be used when other method's of contraception fall or in cases of rape,
incest, or human error. Many pregnancies, births and abortions are far
more dangerous to a woman's health, especially a young woman's health,
thin EC. By allowing women the chance to prevent an unintended pregnan-
cy, The abortion rate wfil drop, healthcare costs will decrease and
young women will not have to start their adult lives with the difficult
decision of whether to have a baby (often as a single mother), have an
abortion, or give a baby up for adoption.  By allowing young women
access to EC, they wdl have the opportunity to have a healthier and more
promising future.

 
PRIOR LEGISLATIVE HISTORY:

01/12/22S7860 REFERRED TO HIGHER EDUCATION

A.2808 of 2019 and 2020, referred to health.

A.2674A of 2017 and 2018, referred to health in 2017 and ways and means
In 2018.

Same as S.3793A in 2017 and 2018, referred to higher education in 2017
and 2018.

A.6954 of 2015 and 2016, referred to health. A.420A. 2014 referred to
health.

Same as S.1494A, referred to higher education.  A.420, 2013 referred to
ways and means. Same as 01494, referred to higher education.

A.85, 2011 and 2012 advanced to assembly calendar 436. Same as S.892,
referred to rules.

A.627A, 2010 advanced to assembly rules calendar 125. Same as S.1410A,
referred to higher education.

A.627, 2009 advanced to assembly calendar 351. A.5569A, 2007 and 2008
passed assembly.

Same as S.3579A, 2007 and 2008 referred to higher education. Similar
bills introduced between 2002 and 2006 are listed here:

A.9906, 2006 passed assembly. Same as S.6686, 2006 referred to higher
education.

A.116, 2005 passed assembly. Same as S.3661, 2005 passed senate.
Vetoed, memo 47.

A.888, 2003 and 2004 passed assembly.

Same as S.3339, 2003 and 2004 referred to higher 'education. A.9653A,
2002 referred to health.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law provided the
Commissioner of Education is authorized to Promulgate any and all rules,
regulations and measures necessary for implementation on or before such
date.

2023-S1855 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1855
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced by Sens. HINCHEY, CLEARE, SEPULVEDA -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05231-01-3

 S. 1855                             2
 
 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
 of  2015,  paragraph (g) as added by chapter 502 of the laws of 2016 and
 paragraph (h) as added by section 6 of part C of chapter 57 of the  laws
 of 2022, 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[.];
   [(h)] (VIII) administering tests to determine the presence of COVID-19
 or its antibodies or influenza virus[.];
   (IX) 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
 S. 1855                             3
 
 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
 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, para-
 graph (g) as added by chapter 502 of the laws of 2016 and paragraph  (h)
 as  added  by  section 7 of part C of chapter 57 of the laws of 2022, 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[.];
 S. 1855                             4
 
   [(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 for syphilis,
 gonorrhea and chlamydia[.];
   [(h)] (VIII) administering tests to determine the presence of COVID-19
 or its antibodies or influenza virus[.];
   (IX) 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:
   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.
 S. 1855                             5
 
   § 12. Subdivision 1 of section 207 of the public health law is amended
 by adding a new paragraph (r) to read as follows:
   (R)  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;
 provided, further, that the amendments to paragraph (h) of subdivision 6
 of section 6527 of the education law, made by section three of this  act
 shall  not  affect  the  repeal  of  such  paragraph and shall be deemed
 repealed therewith; provided, further, that the amendments to  paragraph
 (h)  of  subdivision  4  of  section  6909 of the education law, made by
 section six of this act shall not affect the repeal  of  such  paragraph
 and shall be deemed repealed therewith. Effective immediately, the addi-
 tion,  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.

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Senate Bill S1855

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2023-S1855 (ACTIVE) - Details

2023-S1855 (ACTIVE) - Summary

2023-S1855 (ACTIVE) - Sponsor Memo

2023-S1855 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1855

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Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Cordell Cleare

Brad Hoylman-Sigal

Luis R. Sepúlveda

2023-S1855 (ACTIVE) - Details

2023-S1855 (ACTIVE) - Summary

2023-S1855 (ACTIVE) - Sponsor Memo

2023-S1855 (ACTIVE) - Bill Text download pdf

Comments