S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1703
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sens.  WEBB, ADDABBO, COMRIE, HINCHEY, 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 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
 PROGESTIN-ONLY CONTRACEPTIVE INJECTION to a patient, and at a minimum of
 every twelve months for each returning patient, the pharmacist shall:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03405-01-5
 S. 1703                             2
              

 
   (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 31 to read as follows:
   31. "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
 CONTRACEPTIVE INJECTION as defined in section sixty-eight hundred two of
 this title.
 S. 1703                             3
 
   § 5. The public health law is amended by adding a new section 267-c to
 read as follows:
   §  267-C. 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. 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.