S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5635--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sens.  WEBB,  ADDABBO,  COMRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Higher
   Education  --  recommitted  to  the  Committee  on Higher Education in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law and the public health law, in relation
   to authorizing pharmacists to administer injections for  contraceptive
   use
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 of section 6527 of  the  education  law,  as
 added by chapter 128 of the laws of 2023, is amended 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  OR ADMINISTERING A UNITED STATES FOOD AND DRUG
 ADMINISTRATION   APPROVED   REVERSIBLE   PROGESTIN-ONLY    CONTRACEPTIVE
 INJECTION as defined in section sixty-eight hundred two of this title.
   §  2.  Subdivision 9 of section 6801 of the education law, as added by
 chapter 128 of the laws of 2023, is amended to read as follows:
   9. a. A licensed pharmacist may execute a non-patient  specific  order
 for  the  dispensing  of  self-administered  hormonal  contraceptives OR
 ADMINISTER A UNITED  STATES  FOOD  AND  DRUG  ADMINISTRATION  REVERSIBLE
 PROGESTIN-ONLY  CONTRACEPTIVE  INJECTION  prescribed  or  ordered by the
 commissioner of health, a physician 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  OR
 ADMINISTERING  A UNITED STATES  FOOD  AND DRUG ADMINISTRATION REVERSIBLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10028-06-4
              

 S. 5635--A                          2
 
 PROGESTIN-ONLY CONTRACEPTIVE INJECTION 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  OR  UNITED  STATES  FOOD  AND  DRUG
 ADMINISTRATION REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION; 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 OR ADMINISTRATION OF A UNITED  STATES  FOOD   AND
 DRUG  ADMINISTRATION  REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION,
 the appropriate method for using such hormonal  contraceptive,  informa-
 tion  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 OR ADMINISTER A UNITED STATES    FOOD    AND  DRUG  ADMINISTRATION
 REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION 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 OR
 ADMINISTRATION OF A UNITED STATES FOOD  AND DRUG ADMINISTRATION  REVERS-
 IBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION, that such self-administered
 hormonal  contraceptive OR UNITED  STATES  FOOD  AND DRUG ADMINISTRATION
 REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION has been dispensed  OR
 ADMINISTERED.   If the patient does not have a primary health care prac-
 titioner, 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 OR ADMINISTRATION OF A  UNITED  STATES  FOOD  AND
 DRUG  ADMINISTRATION  REVERSIBLE  PROGESTIN-ONLY CONTRACEPTIVE INJECTION
 pursuant to this subdivision if, in their professional judgment,  poten-
 tial  adverse  effects,  interactions or other therapeutic complications
 could endanger the health of the patient.
   § 3. Section 6802 of the education law is  amended  by  adding  a  new
 subdivision 30 to read as follows:
   30.  "UNITED  STATES FOOD   AND DRUG ADMINISTRATION REVERSIBLE PROGES-
 TIN-ONLY CONTRACEPTIVE INJECTION" FOR THE  PURPOSES  OF  SECTION  SIXTY-
 EIGHT  HUNDRED  ONE  OF  THIS  ARTICLE,  MEANS A PHARMACIST ADMINISTERED
 REVERSIBLE PROGESTIN-ONLY CONTRACEPTIVE INJECTION APPROVED BY THE UNITED
 STATES  FOOD   AND DRUG ADMINISTRATION TO  PREVENT  PREGNANCY  BY  USING
 HORMONES TO REGULATE OR PREVENT OVULATION.
   §  4. Subdivision 11 of section 6909 of the education law, as added by
 chapter 128 of the laws of 2023, is amended 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  OR  ADMINISTRATION  OF  A UNITED
 STATES FOOD AND DRUG ADMINISTRATION APPROVED  REVERSIBLE  PROGESTIN-ONLY
 S. 5635--A                          3
 
 CONTRACEPTIVE INJECTION as defined in section sixty-eight hundred two of
 this title.
   § 5. The public health law is amended by adding a new section 267-b to
 read as follows:
   §  267-B. PHARMACIST ADMINISTERED REVERSIBLE PROGESTIN-ONLY CONTRACEP-
 TIVE INJECTIONS. THE COMMISSIONER IS AUTHORIZED TO ESTABLISH  A  NON-PA-
 TIENT SPECIFIC ORDER, CONSISTENT WITH SECTION SIXTY-EIGHT HUNDRED ONE OF
 THE  EDUCATION  LAW, FOR DISPENSING AND FOR THE ADMINISTRATION OF UNITED
 STATES FOOD  AND DRUG ADMINISTRATION REVERSIBLE  PROGESTIN-ONLY  CONTRA-
 CEPTIVE  INJECTION AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED TWO OF SUCH
 CHAPTER.
   § 6. This act shall take effect one year after it shall have become  a
 law;  provided  however,  that the amendments to sections 6527, 6801 and
 6909 of the education law made by sections one, two and four of this act
 shall take effect on the same date and in the same manner as chapter 128
 of the laws of 2023, takes effect.
   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.