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A09957 Summary:

BILL NOA09957
 
SAME ASNo Same As
 
SPONSORCahill
 
COSPNSRSeawright, Rosenthal L, Glick, Jenne, Jaffee, Simotas, Gottfried, Barron, Blake, Barrett, Magnarelli, Bronson, Lavine, Mayer, Carroll, Galef, Otis, Sepulveda, Harris, Simon, Hyndman, Morelle, Ramos, D'Urso, Peoples-Stokes, Pichardo, Ortiz, Taylor, Weprin, Perry, Solages, Jean-Pierre
 
MLTSPNSRBraunstein, Buchwald, Cook, Hooper, Lifton, Lupardo, Mosley, Rozic, Thiele, Titus
 
Amd 3221, 4303, & 3216, Ins L; amd 365-a, Soc Serv L; amd 6527, 6807, 6909 & 6951, add 6832, Ed L; amd 207, Pub Health L
 
Enacts the "comprehensive contraception coverage act" to provide insurance coverage for FDA-approved contraceptive drugs, devices and products.
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A09957 Actions:

BILL NOA09957
 
03/01/2018referred to insurance
03/05/2018reported referred to codes
03/05/2018reported referred to rules
03/06/2018reported
03/06/2018rules report cal.11
03/06/2018ordered to third reading rules cal.11
03/13/2018passed assembly
03/13/2018delivered to senate
03/13/2018REFERRED TO INSURANCE
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A09957 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9957          REVISED MEMO 03/02/2018
 
SPONSOR: Cahill
  TITLE OF BILL: An act to amend the insurance law, the social services law, the education law and the public health law, in relation to requir- ing health insurance policies to include coverage of all FDA-approved contraceptive drugs, devices, and products, as well as voluntary steri- lization procedures, contraceptive education and counseling, and related follow up services and prohibiting a health insurance policy from impos- ing any cost-sharing requirements or other restrictions or delays with respect to this coverage   PURPOSE: This legislation will help to reduce the number of unintended pregnan- cies, improve birth outcomes and improve the health and welfare of New Yorkers by ensuring that individuals have timely access to contraception and the information they need in order to plan their families and their future.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Provides that the act shall be known and may be cited as the Comprehensive Contraception Coverage Act. Section 2. Amends paragraph 16 of subsection (1) of section 3221 of the insurance law to require commercial group health insurance policies to cover all FDA-approved contraceptive drugs, devices and products when prescribed by a health care provider. When the FDA has approved one or more therapeutic and pharmaceutical equivalent versions of a contraceptive drug, device or product, coverage is not required for equivalent versions of the contraceptive drug unless the equivalent is not available or is medically inadvisable. Coverage shall: (i) include emergency contraception when prescribed through a prescription or a non-patient specific order; (ii) allow for dispensing of up to twelve months of contraception; (iii) include voluntary steri- lization procedures for women and men; (iv) include patient education and counseling about contraception; and (v) include any follow-up care related to the covered contraceptives including management of side-ef- fects, counseling and device insertion and removal. An insurer may not apply co-pays or deductibles when coverage for a contraceptive method is required. In addition, no restrictions, or delays in coverage can be applied when coverage for a contraceptive method is required. Coverage for an enrollee's covered spouse, domestic partner and covered dependents shall be the same as for the enrollee. "Conscience protections" in existing law remain untouched. Specif- ically; the bill does not amend existing law which allows a religious employer to request an insurance policy without coverage for FDA-ap- proved contraceptive methods that are contrary to the religious employ- er's religious tenets. Sections 3 and 4. Makes similar changes outlined in Section 2 to subsection (cc) of Section 4303 of the insurance law relating to nonpro- fit medical indemnity, or health and hospital service corporations and subparagraph (E) of paragraph 17 of subsection (i) of section 3216 of the insurance law relating to individual health insurance policies. Section 5. Amends paragraph (d) of subdivision 3 of section 365-a of the social services law to expand the definition of "medical services" to include 12 months of contraceptive supplies for eligible persons. Section 6. Amends subdivision six of section 6527 of the education law to authorize a registered professional nurse to administer or dispense emergency contraception to a patient and authorizes a pharmacist to dispense emergency contraception to be self-administered by the patient. Section 7. Amends subdivision 3 of section 6807 of the education law to add a licensed midwife to the list of practitioners who may prescribe or order a non-patient specific regimen. Also, adds a new subdivision to the education law providing that a licensed pharmacist may dispense a non-patient specific regimen of emergency contraception, to be self-ad- ministered by the patient, which was prescribed or ordered by a licensed physician, certified nurse practitioner, or licensed midwife. Section 8. Adds a new section 6832 to the education law to: (i) define the terms "emergency contraception" and "prescriber"; (ii) provide that this section does not apply to administering or dispensing emergency contraception when lawfully done without a prescription or non-patient specific regimen; (iii) require that the administering or dispensing of emergency contraception.by a registered professional nurse or licensed pharmacist be done in accordance with professional standards of practice and in accordance with written procedures and protocols; and (iv) outline the contents of written material that must be provided to the patient when emergency contraception is administered or dispensed. Such written material shall be developed or approved by the commissioner in consultation with the Department of Health (DOH) and the American College of Obstetricians and Gynecologists (AGOG). Section 9. Amends subdivision 4 of Section 6909 of the education law to authorize a registered professional nurse to administer or dispense emergency contraception to a patient and a pharmacist to dispense emer- gency contraception to be self-administered by the patient. Section 10. Amends subdivision five of section 6909 of the education law by adding a licensed midwife to those practitioners who may prescribe and order a non-patient specific regimen of emergency contraception. Section 11. Adds a new subdivision 4 to section 6951 of the education law to authorize a licensed midwife to prescribe and order a non-patient specific regimen of emergency contraception to be administered or dispensed by a registered professional nurse or dispensed by a licensed pharmacist. Sections 10, 11, and 12. Amends three sections of the insurance law to mandate that under these sections any insurance policy that covers emer- gency contraception shall also cover emergency contraception when provided by a non-patient-specific prescription. Section 12. Adds a new paragraph (1) to subdivision one of section 207 of the public health law to broaden the NYS Department of Health's education and outreach program to include information on emergency contraception and its safety, efficacy, appropriate use and availabili- ty. Section 13. Provides that this act shall take effect on January 1, 2019, provided however that section six shall take effect on January 1, 2020.   JUSTIFICATION: Access to contraceptive services is essential to women's health and equality. New York has long recognized the central role that contracep- tion plays in women's health and lives and has led efforts to expand access to contraception. All New Yorkers, regardless of economic status, should have timely access to contraception and the information they need in order to protect their health, plan their families and their future. Time and time again, studies show that contraceptive access reduces rates of unintended pregnancy, plays a crucial role in improving public health outcomes, as well as improving the economic well-being of women and their families. * However, despite legal reform on the State and Federal level, lack of contraceptive insurance coverage and high co-pay- ments remain significant barriers to contraceptive access. The Contraceptive Equity Act would amend state insurance and social service laws to require health insurance policies to include coverage of all Food and Drug Administration (FDA)-approved contraceptive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services.** It would also prohibit a health insurance policy from impos- ing any cost-sharing requirements or other restriction or delays with respect to this coverage. In 2002, the New York State Legislature passed the Women's Health and Wellness Act, an important first step toward contraceptive equity that required insurance plans that cover prescriptions to include contracep- tion. Eight years later, the U.S. Congress passed the Affordable Care Act (ACA), which includes a contraceptive coverage guarantee as part of a broader requirement for health insurance plans to cover contraceptive services without cost-sharing for all women in the Health Insurance Marketplace. The contraceptive equity policy is one of the landmark achievements of the ACA, but a lack of clarity in the federal law has led to inconsist- ent implementation and enforcement. Insurers can take advantage of this confusion to limit coverage for the diverse array of contraceptive meth- ods available and, in some cases, can prevent individuals from accessing the method deemed most effective by their medical provider: Addi- tionally, many insurance companies do not typically cover male methods of contraception or require high cost-sharing despite the critical role men play in the prevention of unintended pregnancy. Building on existing state and federal law to promote gender equity and women's health, this Act would ensure broad contraceptive coverage and timely access to all federal FDA-approved methods of contraception for individuals covered under health insurance plans in New York.   PRIOR LEGISLATIVE HISTORY: 2017: A.1378 Passed Assembly 2015-16: A.8135-B Passed Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on January 1, 2019. However, section five shall take effect on January 1, 2020. *Bonfield, Adam. "What Women Already Know: Documenting the Social and Economic Benefits of Family Planning." Guttmacher Institute. Winter 2013. http://www.guttmacher.org/pubs/gpr/16/1/gpr160108.html **For a full list of these devices, see the FDA Office of Women's Health's Birth Control Guide http://Wwm.fda.gov/downloads/ForConsumers/ByAudience/ ForWomen/FreePublications/UCM356451.pdf
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A09957 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9957
 
                   IN ASSEMBLY
 
                                      March 1, 2018
                                       ___________
 
        Introduced  by  M.  of A. CAHILL, SEAWRIGHT, L. ROSENTHAL, GLICK, JENNE,
          JAFFEE, SIMOTAS, GOTTFRIED, BARRON, BLAKE, BARRETT, MAGNARELLI,  BRON-
          SON,  LAVINE,  MAYER,  CARROLL, GALEF, OTIS, SEPULVEDA, HARRIS, SIMON,
          HYNDMAN, MORELLE,  RAMOS,  D'URSO,  PEOPLES-STOKES,  PICHARDO,  ORTIZ,
          TAYLOR  --  Multi-Sponsored by -- M. of A. BRAUNSTEIN, BUCHWALD, COOK,
          HOOPER, LIFTON, LUPARDO, MOSLEY, ROZIC, THIELE, TITUS --  (at  request
          of  the  Department of Law) -- read once and referred to the Committee
          on Insurance
 
        AN ACT to amend the insurance law, the social services law,  the  educa-
          tion  law  and  the public health law, in relation to requiring health
          insurance policies to include coverage of all FDA-approved  contracep-
          tive  drugs, devices, and products, as well as voluntary sterilization
          procedures, contraceptive education and counseling, and related follow
          up services and prohibiting a health insurance  policy  from  imposing
          any  cost-sharing  requirements  or  other restrictions or delays with
          respect to this coverage
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "comprehen-
     2  sive contraception coverage act".
     3    §  2.  Paragraph 16 of subsection (l) of section 3221 of the insurance
     4  law, as added by chapter 554 of the laws of 2002, is amended to read  as
     5  follows:
     6    (16)  (A)  Every  group or blanket policy [which provides coverage for
     7  prescription drugs shall include coverage for the cost of  contraceptive
     8  drugs or devices approved by the federal food and drug administration or
     9  generic equivalents approved as substitutes by such food and drug admin-
    10  istration  under  the  prescription  of  a  health care provider legally
    11  authorized to prescribe under title eight  of  the  education  law.  The
    12  coverage  required  by  this  section  shall be included in policies and
    13  certificates only through the addition of a rider.
    14    (A)] that is issued, amended, renewed, effective or  delivered  on  or
    15  after  January  first, two thousand nineteen, shall provide coverage for
    16  all of the following services and contraceptive methods:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14975-01-8

        A. 9957                             2
 
     1    (1) All FDA-approved contraceptive drugs, devices, and other products.
     2  This includes all  FDA-approved  over-the-counter  contraceptive  drugs,
     3  devices,  and  products  as  prescribed or as otherwise authorized under
     4  state or federal law. The following applies to this coverage:
     5    (a)  where the FDA has approved one or more therapeutic and pharmaceu-
     6  tical equivalent, as defined by the FDA,  versions  of  a  contraceptive
     7  drug,  device,  or product, a group or blanket policy is not required to
     8  include all such therapeutic and pharmaceutical equivalent  versions  in
     9  its  formulary,  so long as at least one is included and covered without
    10  cost-sharing and in accordance with this paragraph;
    11    (b) if the covered therapeutic and pharmaceutical equivalent  versions
    12  of  a drug, device, or product are not available or are deemed medically
    13  inadvisable a group or blanket policy  shall  provide  coverage  for  an
    14  alternate  therapeutic  and  pharmaceutical  equivalent  version  of the
    15  contraceptive drug, device, or product without cost-sharing;
    16    (c) this coverage shall include emergency contraception without  cost-
    17  sharing  when provided pursuant to an ordinary prescription, non-patient
    18  specific regimen order, or order under section sixty-eight hundred thir-
    19  ty-one of the education  law  and  when  lawfully  provided  other  than
    20  through a prescription or order; and
    21    (d) this coverage must allow for the dispensing of twelve months worth
    22  of a contraceptive at one time;
    23    (2) Voluntary sterilization procedures;
    24    (3) Patient education and counseling on contraception; and
    25    (4)  Follow-up  services  related to the drugs, devices, products, and
    26  procedures covered under this paragraph, including, but not limited  to,
    27  management  of  side  effects,  counseling  for continued adherence, and
    28  device insertion and removal.
    29    (B) A group or blanket policy subject  to  this  paragraph  shall  not
    30  impose  a  deductible, coinsurance, copayment, or any other cost-sharing
    31  requirement on the coverage provided pursuant to this paragraph.
    32    (C) Except as otherwise authorized under this paragraph,  a  group  or
    33  blanket policy shall not impose any restrictions or delays on the cover-
    34  age required under this paragraph.
    35    (D)  Benefits  for  an enrollee under this paragraph shall be the same
    36  for an  enrollee's  covered  spouse  or  domestic  partner  and  covered
    37  nonspouse dependents.
    38    (E)  Notwithstanding  any  other provision of this subsection, a reli-
    39  gious employer may request a contract without coverage for federal  food
    40  and drug administration approved contraceptive methods that are contrary
    41  to  the  religious  employer's  religious  tenets. If so requested, such
    42  contract shall be provided without coverage for  contraceptive  methods.
    43  This  paragraph  shall not be construed to deny an enrollee coverage of,
    44  and timely access to, contraceptive methods.
    45    (1) For purposes of this subsection,  a  "religious  employer"  is  an
    46  entity for which each of the following is true:
    47    (a) The inculcation of religious values is the purpose of the entity.
    48    (b)  The  entity  primarily  employs  persons  who share the religious
    49  tenets of the entity.
    50    (c) The entity serves primarily persons who share the religious tenets
    51  of the entity.
    52    (d) The entity is a nonprofit organization  as  described  in  Section
    53  6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
    54    (2) Every religious employer that invokes the exemption provided under
    55  this  paragraph  shall  provide  written notice to prospective enrollees

        A. 9957                             3
 
     1  prior to enrollment with the plan, listing the contraceptive health care
     2  services the employer refuses to cover for religious reasons.
     3    [(B)  (i)] (F) (1) Where a group policyholder makes an election not to
     4  purchase coverage for contraceptive drugs or devices in accordance  with
     5  subparagraph  [(A)] (E) of this paragraph each certificateholder covered
     6  under the policy issued to that group policyholder shall have the  right
     7  to  directly  purchase  the  rider  required  by this paragraph from the
     8  insurer which issued the group policy  at  the  prevailing  small  group
     9  community  rate  for such rider whether or not the employee is part of a
    10  small group.
    11    [(ii)] (2) Where  a  group  policyholder  makes  an  election  not  to
    12  purchase  coverage for contraceptive drugs or devices in accordance with
    13  subparagraph [(A)] (E) of this paragraph, the insurer that provides such
    14  coverage shall provide written notice to certificateholders upon enroll-
    15  ment with the insurer of their right to directly purchase  a  rider  for
    16  coverage  for  the  cost  of  contraceptive drugs or devices. The notice
    17  shall also advise the certificateholders of the additional  premium  for
    18  such coverage.
    19    [(C)]  (G) Nothing in this paragraph shall be construed as authorizing
    20  a group or blanket policy which provides coverage for prescription drugs
    21  to exclude coverage for prescription drugs prescribed for reasons  other
    22  than contraceptive purposes.
    23    [(D) Such coverage may be subject to reasonable annual deductibles and
    24  coinsurance  as  may  be deemed appropriate by the superintendent and as
    25  are consistent with those established for other drugs or devices covered
    26  under the policy.]
    27    § 3. Subsection (cc) of section 4303 of the insurance law, as added by
    28  chapter 554 of the laws of 2002, is amended to read as follows:
    29    (cc) (1) Every contract  [which  provides  coverage  for  prescription
    30  drugs  shall  include  coverage  for  the cost of contraceptive drugs or
    31  devices approved by the federal food and drug administration or  generic
    32  equivalents approved as substitutes by such food and drug administration
    33  under  the  prescription of a health care provider legally authorized to
    34  prescribe under title eight of the education law. The coverage  required
    35  by  this  section  shall  be included in contracts and certificates only
    36  through the addition of a rider.
    37    (1)] that is issued, amended, renewed, effective or  delivered  on  or
    38  after  January  first, two thousand nineteen, shall provide coverage for
    39  all of the following services and contraceptive methods:
    40    (A) All FDA-approved contraceptive drugs, devices, and other products.
    41  This includes all  FDA-approved  over-the-counter  contraceptive  drugs,
    42  devices,  and  products  as  prescribed or as otherwise authorized under
    43  state or federal law.  The following applies to this coverage:
    44    (i) where the FDA has approved one or more therapeutic and  pharmaceu-
    45  tical  equivalent,  as  defined  by the FDA, versions of a contraceptive
    46  drug, device, or product, a contract is not required to include all such
    47  therapeutic and pharmaceutical equivalent versions in its formulary,  so
    48  long as at least one is included and covered without cost-sharing and in
    49  accordance with this subsection;
    50    (ii) if the covered therapeutic and pharmaceutical equivalent versions
    51  of  a drug, device, or product are not available or are deemed medically
    52  inadvisable a contract shall provide coverage for an alternate therapeu-
    53  tic and pharmaceutical equivalent version  of  the  contraceptive  drug,
    54  device, or product without cost-sharing;
    55    (iii)  this  coverage  shall  include  emergency contraception without
    56  cost-sharing when provided pursuant to an ordinary prescription, non-pa-

        A. 9957                             4
 
     1  tient specific regimen order, or order under section sixty-eight hundred
     2  thirty-one of the education law and when lawfully  provided  other  than
     3  through a prescription or order; and
     4    (iv)  this  coverage  must  allow  for the dispensing of twelve months
     5  worth of a contraceptive at one time;
     6    (B) Voluntary sterilization procedures;
     7    (C) Patient education and counseling on contraception; and
     8    (D) Follow-up services related to the drugs,  devices,  products,  and
     9  procedures covered under this subsection, including, but not limited to,
    10  management  of  side  effects,  counseling  for continued adherence, and
    11  device insertion and removal.
    12    (2) A contract subject to this subsection shall not impose  a  deduct-
    13  ible,  coinsurance,  copayment, or any other cost-sharing requirement on
    14  the coverage provided pursuant to this subsection.
    15    (3) Except as otherwise authorized under this subsection,  a  contract
    16  shall  not  impose  any  restrictions or delays on the coverage required
    17  under this subsection.
    18    (4) Benefits for an enrollee under this subsection shall be  the  same
    19  for  an  enrollee's  covered  spouse  or  domestic  partner  and covered
    20  nonspouse dependents.
    21    (5) Notwithstanding any other provision of this  subsection,  a  reli-
    22  gious  employer may request a contract without coverage for federal food
    23  and drug administration approved contraceptive methods that are contrary
    24  to the religious employer's religious  tenets.  If  so  requested,  such
    25  contract  shall  be provided without coverage for contraceptive methods.
    26  This paragraph shall not be construed to deny an enrollee  coverage  of,
    27  and timely access to, contraceptive methods.
    28    (A)  For  purposes  of  this  subsection, a "religious employer" is an
    29  entity for which each of the following is true:
    30    (i) The inculcation of religious values is the purpose of the entity.
    31    (ii) The entity primarily employs  persons  who  share  the  religious
    32  tenets of the entity.
    33    (iii)  The  entity  serves  primarily  persons who share the religious
    34  tenets of the entity.
    35    (iv) The entity is a nonprofit organization as  described  in  Section
    36  6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.
    37    (B) Every religious employer that invokes the exemption provided under
    38  this  paragraph  shall  provide  written notice to prospective enrollees
    39  prior to enrollment with the plan, listing the contraceptive health care
    40  services the employer refuses to cover for religious reasons.
    41    [(2)](6) (A) Where a group contractholder makes  an  election  not  to
    42  purchase  coverage for contraceptive drugs or devices in accordance with
    43  paragraph [one] five of this subsection, each enrollee covered under the
    44  contract issued to that group contractholder shall  have  the  right  to
    45  directly purchase the rider required by this subsection from the insurer
    46  or  health  maintenance  organization which issued the group contract at
    47  the prevailing small group community rate for such rider whether or  not
    48  the employee is part of a small group.
    49    (B)  Where  a  group  contractholder makes an election not to purchase
    50  coverage for contraceptive drugs or devices in accordance with paragraph
    51  [one] five of this subsection, the insurer or health maintenance  organ-
    52  ization  that  provides  such  coverage  shall provide written notice to
    53  enrollees upon enrollment with the insurer or health maintenance  organ-
    54  ization of their right to directly purchase a rider for coverage for the
    55  cost of contraceptive drugs or devices. The notice shall also advise the
    56  enrollees of the additional premium for such coverage.

        A. 9957                             5
 
     1    [(3)](7)  Nothing in this subsection shall be construed as authorizing
     2  a contract which provides coverage for  prescription  drugs  to  exclude
     3  coverage  for  prescription  drugs  prescribed  for  reasons  other than
     4  contraceptive purposes.
     5    [(4) Such coverage may be subject to reasonable annual deductibles and
     6  coinsurance  as  may  be deemed appropriate by the superintendent and as
     7  are consistent with those established for other drugs or devices covered
     8  under the policy.]
     9    § 4. Subparagraph (E) of paragraph 17 of  subsection  (i)  of  section
    10  3216  of the insurance law is amended by adding a new clause (v) to read
    11  as follows:
    12    (v) all FDA-approved contraceptive drugs, devices, and other products,
    13  including  all  over-the-counter  contraceptive  drugs,   devices,   and
    14  products as prescribed or as otherwise authorized under state or federal
    15  law;  voluntary  sterilization  procedures;  patient education and coun-
    16  seling on contraception; and follow-up services related  to  the  drugs,
    17  devices,  products, and procedures covered under this clause, including,
    18  but not limited to, management of side effects, counseling for continued
    19  adherence, and device insertion and removal. Except as otherwise author-
    20  ized under this clause, a contract shall not impose any restrictions  or
    21  delays  on  the  coverage required under this clause. However, where the
    22  FDA has approved one or more therapeutic and pharmaceutical  equivalent,
    23  as  defined  by  the  FDA,  versions of a contraceptive drug, device, or
    24  product, a contract is not required to include all such therapeutic  and
    25  pharmaceutical equivalent versions in its formulary, so long as at least
    26  one  is included and covered without cost-sharing and in accordance with
    27  this clause. If the covered therapeutic  and  pharmaceutical  equivalent
    28  versions  of  a drug, device, or product are not available or are deemed
    29  medically inadvisable a contract shall provide coverage for an alternate
    30  therapeutic and pharmaceutical equivalent version of  the  contraceptive
    31  drug,  device,  or  product  without  cost-sharing.  This coverage shall
    32  include  emergency  contraception  without  cost-sharing  when  provided
    33  pursuant  to  an  ordinary  prescription,  non-patient  specific regimen
    34  order, or order under section  sixty-eight  hundred  thirty-one  of  the
    35  education   law   and  when  lawfully  provided  other  than  through  a
    36  prescription or order; and this coverage must allow for  the  dispensing
    37  of twelve months worth of a contraceptive at one time.
    38    §  5.  Paragraph  (d)  of subdivision 3 of section 365-a of the social
    39  services law, as amended by chapter 909 of  the  laws  of  1974  and  as
    40  relettered  by  chapter  82  of  the laws of 1995, is amended to read as
    41  follows:
    42    (d) family planning services and twelve months of supplies for  eligi-
    43  ble  persons  of  childbearing  age, including children under twenty-one
    44  years of age who can be considered  sexually  active,  who  desire  such
    45  services  and  supplies,  in accordance with the requirements of federal
    46  law and regulations and the regulations of  the  department.  No  person
    47  shall be compelled or coerced to accept such services or supplies.
    48    §  6.  Subdivision 6 of section 6527 of the education law, as added by
    49  chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
    50  of the laws of 2015, paragraph (d) as added by chapter 429 of  the  laws
    51  of  2005,  paragraph  (e)  as  added by chapter 352 of the laws of 2014,
    52  paragraph (f) as added by section 6 of part V of chapter 57 of the  laws
    53  of  2015  and paragraph (g) as added by chapter 502 of the laws of 2016,
    54  is amended to read as follows:
    55    6. A licensed physician may prescribe and order a non-patient specific
    56  regimen [to a registered professional nurse],  pursuant  to  regulations

        A. 9957                             6
 
     1  promulgated  by  the commissioner, and consistent with the public health
     2  law, [for] to:
     3    (a) a registered professional nurse for:
     4    (i) administering immunizations[.];
     5    [(b)] (ii) the emergency treatment of anaphylaxis[.];
     6    [(c)]  (iii)  administering purified protein derivative (PPD) tests or
     7  other tests to detect or screen for tuberculosis infections[.];
     8    [(d)] (iv) administering tests to determine the presence of the  human
     9  immunodeficiency virus[.];
    10    [(e)] (v) administering tests to determine the presence of the hepati-
    11  tis C virus[.];
    12    [(f)] (vi) emergency contraception, to be administered to or dispensed
    13  to  be  self-administered  by  the  patient,  under  section sixty-eight
    14  hundred thirty-two of this title;
    15    (vii) the urgent or emergency treatment of opioid related overdose  or
    16  suspected opioid related overdose[.]; or
    17    [(g)]  (viii)  screening  of  persons  at  increased risk of syphilis,
    18  gonorrhea and chlamydia.
    19    (b) a licensed pharmacist, for dispensing emergency contraception,  to
    20  be  self-administered  by the patient, under section sixty-eight hundred
    21  thirty-two of this title.
    22    § 7. Subdivision 3 of section 6807 of the education law, as  added  by
    23  chapter  573  of the laws of 1999, is amended and a new subdivision 4 is
    24  added to read as follows:
    25    3. A pharmacist may dispense drugs and devices to a registered profes-
    26  sional nurse, and a registered professional nurse may possess and admin-
    27  ister, drugs and devices, pursuant to  a  non-patient  specific  regimen
    28  prescribed  or  ordered  by  a  licensed  physician, licensed midwife or
    29  certified nurse practitioner, pursuant to regulations promulgated by the
    30  commissioner and the public health law.
    31    4. A pharmacist may dispense a non-patient specific regimen  of  emer-
    32  gency  contraception, to be self-administered by the patient, prescribed
    33  or ordered by a licensed physician,  certified  nurse  practitioner,  or
    34  licensed  midwife,  under section sixty-eight hundred thirty-two of this
    35  article.
    36    § 8. The education law is amended by adding a new section 6832 to read
    37  as follows:
    38    § 6832. Emergency contraception; non-patient specific prescription  or
    39  order.  1.  As  used in this section, the following terms shall have the
    40  following meanings, unless the context requires otherwise:
    41    (a) "Emergency  contraception"  means  one  or  more  prescription  or
    42  nonprescription  drugs,  used  separately or in combination, in a dosage
    43  and manner for preventing pregnancy when used after  intercourse,  found
    44  safe  and  effective  for  that  use  by the United States food and drug
    45  administration, and dispensed or administered for that purpose.
    46    (b) "Prescriber" means a licensed physician, certified  nurse  practi-
    47  tioner or licensed midwife.
    48    2. This section applies to the administering or dispensing of emergen-
    49  cy contraception by a registered professional nurse or the dispensing of
    50  emergency   contraception   by  a  licensed  pharmacist  pursuant  to  a
    51  prescription or order for a non-patient specific regimen made by a pres-
    52  criber under section sixty-five hundred twenty-seven, sixty-nine hundred
    53  nine or sixty-nine hundred fifty-one of this title.  This  section  does
    54  not  apply  to  administering or dispensing emergency contraception when
    55  lawfully done without such a prescription or order.

        A. 9957                             7
 
     1    3. The administering or dispensing of  emergency  contraception  by  a
     2  registered  professional nurse or the dispensing of emergency contracep-
     3  tion by a licensed pharmacist shall be done in accordance  with  profes-
     4  sional  standards  of practice and in accordance with written procedures
     5  and protocols agreed to by the registered professional nurse or licensed
     6  pharmacist  and  the  prescriber  or  a hospital (licensed under article
     7  twenty-eight of the public health law) that  provides  gynecological  or
     8  family planning services.
     9    4.  (a) When emergency contraception is administered or dispensed, the
    10  registered professional nurse or licensed pharmacist  shall  provide  to
    11  the  patient  written material that includes: (i) the clinical consider-
    12  ations and recommendations for use of the  drug;  (ii)  the  appropriate
    13  method  for  using  the  drug;  (iii)  information  on the importance of
    14  follow-up health care; (iv) information on the health  risks  and  other
    15  dangers  of unprotected intercourse; and (v) referral information relat-
    16  ing to health care and services relating to sexual  abuse  and  domestic
    17  violence.
    18    (b)  Such  written  material  shall  be  developed  or approved by the
    19  commissioner in consultation with the department of health and the Amer-
    20  ican college of obstetricians and gynecologists.
    21    § 9. Subdivision 4 of section 6909 of the education law, as  added  by
    22  chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
    23  of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
    24  of  2015,  paragraph  (d)  as  added by chapter 429 of the laws of 2005,
    25  paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
    26  as added by section 5 of part V of chapter 57 of the laws  of  2015  and
    27  paragraph (g) as added by chapter 502 of the laws of 2016, is amended to
    28  read as follows:
    29    4.  A  certified  nurse practitioner may prescribe and order a non-pa-
    30  tient specific regimen [to a registered professional nurse], pursuant to
    31  regulations promulgated by the commissioner, consistent with subdivision
    32  three of section [six thousand nine]  sixty-nine  hundred  two  of  this
    33  article, and consistent with the public health law, for:
    34    (a) a registered professional nurse for:
    35    (i) administering immunizations[.];
    36    [(b)] (ii) the emergency treatment of anaphylaxis[.];
    37    [(c)]  (iii)  administering purified protein derivative (PPD) tests or
    38  other tests to detect or screen for tuberculosis infections[.];
    39    [(d)] (iv) administering tests to determine the presence of the  human
    40  immunodeficiency virus[.];
    41    [(e)] (v) administering tests to determine the presence of the hepati-
    42  tis C virus[.];
    43    [(f)] (vi) emergency contraception, to be administered to or dispensed
    44  to  be  self-administered  by  the  patient,  under  section sixty-eight
    45  hundred thirty-two of this title;
    46    (vii) the urgent or emergency treatment of opioid related overdose  or
    47  suspected opioid related overdose[.]; or
    48    [(g)]  (viii)  screening  of  persons  at increased risk for syphilis,
    49  gonorrhea and chlamydia.
    50    (b) a licensed pharmacist, for dispensing emergency contraception,  to
    51  be  self-administered  by the patient, under section sixty-eight hundred
    52  thirty-two of this title.
    53    § 10. Subdivision 5 of section 6909 of the education law, as added  by
    54  chapter 573 of the laws of 1999, is amended to read as follows:
    55    5.  A registered professional nurse may execute a non-patient specific
    56  regimen prescribed or ordered by a licensed physician, licensed  midwife

        A. 9957                             8
 
     1  or  certified nurse practitioner, pursuant to regulations promulgated by
     2  the commissioner.
     3    §  11.  Section  6951  of the education law is amended by adding a new
     4  subdivision 4 to read as follows:
     5    4. A licensed midwife may prescribe and order a  non-patient  specific
     6  regimen   pursuant  to  regulations  promulgated  by  the  commissioner,
     7  consistent with this section and the public health law, to:
     8    (a) a registered professional nurse for emergency contraception, to be
     9  administered to or dispensed to be  self-administered  by  the  patient,
    10  under section sixty-eight hundred thirty-two of this title; or
    11    (b)  a licensed pharmacist, for dispensing emergency contraception, to
    12  be self-administered by the patient, under section  sixty-eight  hundred
    13  thirty-two of this title.
    14    § 12. Subdivision 1 of section 207 of the public health law is amended
    15  by adding a new paragraph (o) to read as follows:
    16    (o)  Emergency  contraception, including information about its safety,
    17  efficacy, appropriate use and availability.
    18    § 13. This act shall  take  effect  January  1,  2019;  provided  that
    19  section  six  of  this  act shall take effect January 1, 2020; provided,
    20  however, that effective  immediately,  the  addition,  amendment  and/or
    21  repeal  of  any  rule  or regulation necessary for the implementation of
    22  this act on its effective date are authorized and directed  to  be  made
    23  and  completed by the commissioner of education and the board of regents
    24  on or before such effective date.
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