A00420 Summary:

BILL NO    A00420A

SAME AS    SAME AS S01494-A

SPONSOR    Paulin (MS)

COSPNSR    Gottfried, Englebright, Galef, Glick, Rosenthal, Skoufis, Lavine,
           Titone, Fahy

MLTSPNSR   Aubry, Brennan, Cahill, Clark, Cook, Crouch, Cymbrowitz, Dinowitz,
           Farrell, Gunther, Heastie, Hevesi, Hooper, Jacobs, Jaffee, Kellner,
           Lifton, Lupardo, Millman, Morelle, Perry, Pretlow, Thiele,
           Weisenberg, Wright

Amd SS6527, 6807, 6909 & 6951, add S6831, Ed L; amd SS3216, 3221 & 4304, Ins L;
amd S207, Pub Health L

Provides for the dispensing of emergency contraception under certain
circumstances and conditions.
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A00420 Memo:

BILL NUMBER:A420A

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
contraception 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 findings.

Section three amends subdivision six of section 6527 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 may 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
allows 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:
emergency contraception; non-patient specific prescription or order.
Subdivision one defines the terms "emergency contraception" and "pres-
criber." 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 prescribers as
outlined in three sections of the education law. Subdivision three
provides that 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.

Subdivision four outlines the contents of written material that must be
provided to the patient. 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
(ACOO).

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 that under these articles any insurance policy that covers
emergency contraception shall also cover emergency contraception when
provided by a non-patient-specific prescription.

Section twelve adds a new paragraph (g) 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 180'h
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 postcoital 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. BC is almost seven times
more effective if taken within the first 24 hours of unprotected inter-
course. 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 progest-
erone) is, currently, the only brand of emergency contraception packaged
for that use. In 2007, Plan B was approved by the FDA for over the coun-
ter sale if a person is seventeen years or older. However, young women
in New York State currently face barriers to accessing EC, as current
law requires that a traditionally licensed source, such as a physician,
prescribe EC.  This bill would allow New York State pharmacists and
registered professional nurses to dispense EC from a non-patient specif-
ic order, written by either a licensed physician, certified nurse prac-
titioner or licensed midwife, bypassing the frequent difficulties
encountered in obtaining medical appointments at offices with limited
hours, 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 fact
sheet and a verbal explanation about EC. Currently, a pharmacist may
refuse to dispense any medication if he 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 2002, of which 9,155 were
performed on girls ages seventeen and under, according to the New York
State Department of Health (NYSDOI-I). 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 1999, a question was added to the Massachusetts survey
regarding teen violence. One in five girls 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 pregnancies in very young

women. A misconception about EC is that by giving 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 a ges 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
BC 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
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 contraception 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 emergen-
cy contraception hotline (1-888-NOT-2-LATE). Calls from Washington State
to the hotline increased tenfold, an average of 1,160 per month, after
the campaign was launched, indicating that outreach programs are effec-
tive. 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: BC is designed to be just that: emergency contraception, to
be used when other methods of contraception fail 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,
than EC. By allowing women the chance to prevent an unintended pregnan-
cy, the abortion rate will 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 will have the opportunity to have a healthier and
more promising future.

PRIOR LEGISLATIVE HISTORY:

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.
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A00420 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        420--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A. PAULIN, GOTTFRIED, ENGLEBRIGHT, GALEF, GLICK,
         ROSENTHAL, BOYLAND, SKOUFIS, LAVINE, TITONE, FAHY  --  Multi-Sponsored
         by  -- M. of A.  AUBRY, BRENNAN, CAHILL, CLARK, COOK, CROUCH, CYMBROW-
         ITZ, DINOWITZ, FARRELL,  GUNTHER,  HEASTIE,  HEVESI,  HOOPER,  JACOBS,
         JAFFEE,  KELLNER,  LIFTON,  LUPARDO, MILLMAN, MORELLE, PERRY, PRETLOW,
         THIELE, WEISENBERG, WRIGHT -- read once and referred to the  Committee
         on Health -- recommitted to the Committee on Health in accordance with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee

       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:

    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "unintended pregnancy prevention act".
    3    S  2.  Legislative  findings. The United States Food and Drug Adminis-
    4  tration (FDA) has declared emergency contraceptive pills to be safe  and
    5  effective in preventing pregnancy when used within 72 hours after unpro-
    6  tected  intercourse. The American College of Obstetricians and Gynecolo-
    7  gists and the American College of Nurse-Midwives  state  that  emergency
    8  contraception  (EC)  is  so  safe, and using it quickly is so important,
    9  that it should be available over the counter,  without  a  prescription.
   10  They also emphasize the need for unimpeded access to EC for all women of
   11  reproductive  age.  However,  although  there  are no medical reasons to
   12  limit provision of EC, the FDA only approved non-prescription access for
   13  women 18 years and older. Additionally, the FDA imposed requirements for
   14  proving the patient's  identity  with  government-issued  identification
   15  documents.  The  need  remains,  however, to provide access to women who
   16  have difficulty obtaining the required identification documents  and  to
   17  women under the age of 17 years. Minors in New York State have long been
   18  legally entitled to full access, without parental consent, to all repro-
   19  ductive  health care and services, including EC. Providing direct access

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00945-03-4
       A. 420--A                           2

    1  to EC for younger women will also make it more  likely  that  they  will
    2  receive  appropriate  and  timely  professional  attention,  support and
    3  assistance.
    4    The legislature deems it necessary to create a structure for simplify-
    5  ing  access  to  EC for these women, while respecting and preserving the
    6  prescribing scopes of practice of physicians, nurse  practitioners,  and
    7  midwives,  the treating and case-finding scope of practice of registered
    8  professional nurses, and the dispensing scope  of  practice  of  pharma-
    9  cists.  This act does not alter the scopes of such professions, nor does
   10  this legislation interfere with non-prescription access to EC  where  it
   11  is otherwise lawful.
   12    The  legislature  also  finds  that  this  legislation is necessary to
   13  ensure that women do not lose insurance coverage for EC  solely  because
   14  it has become available without a prescription. Losing coverage would be
   15  a  major  obstacle to access, which would undermine the important health
   16  objectives of the FDA and the legislature.
   17    S 3. Subdivision 6 of section 6527 of the education law, as  added  by
   18  chapter  573  of the laws of 1999, paragraph (c) as added by chapter 221
   19  of the laws of 2002 and paragraph (d) as added by  chapter  429  of  the
   20  laws of 2005, is amended to read as follows:
   21    6. A licensed physician may prescribe and order a non-patient specific
   22  regimen  [to  a  registered professional nurse], pursuant to regulations
   23  promulgated by the commissioner, and consistent with the  public  health
   24  law, [for] TO:
   25    (a) A REGISTERED PROFESSIONAL NURSE FOR:
   26    (I) administering immunizations[.];
   27    [(b)] (II) the emergency treatment of anaphylaxis[.];
   28    [(c)] (III) administering purified protein derivative (PPD) tests[.];
   29    [(d)]  (IV) administering tests to determine the presence of the human
   30  immunodeficiency virus[.];
   31    (V) EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO  BE
   32  SELF-ADMINISTERED  BY  THE  PATIENT,  UNDER  SECTION SIXTY-EIGHT HUNDRED
   33  THIRTY-ONE OF THIS TITLE; OR
   34    (B) A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION,  TO
   35  BE  SELF-ADMINISTERED  BY THE PATIENT, UNDER SECTION SIXTY-EIGHT HUNDRED
   36  THIRTY-ONE OF THIS TITLE.
   37    S 4. Subdivision 3 of section 6807 of the education law, as  added  by
   38  chapter  573  of the laws of 1999, is amended and a new subdivision 4 is
   39  added to read as follows:
   40    3. A pharmacist may dispense drugs and devices to a registered profes-
   41  sional nurse, and a registered professional nurse may possess and admin-
   42  ister, drugs and devices, pursuant to  a  non-patient  specific  regimen
   43  prescribed  or  ordered  by  a  licensed physician, LICENSED MIDWIFE, or
   44  certified nurse practitioner, pursuant to regulations promulgated by the
   45  commissioner and the public health law.
   46    4. A LICENSED PHARMACIST MAY DISPENSE A NON-PATIENT  SPECIFIC  REGIMEN
   47  OF  EMERGENCY  CONTRACEPTION,  TO  BE  SELF-ADMINISTERED BY THE PATIENT,
   48  PRESCRIBED OR ORDERED BY A LICENSED PHYSICIAN, CERTIFIED  NURSE  PRACTI-
   49  TIONER,   OR   LICENSED   MIDWIFE,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
   50  THIRTY-ONE OF THIS ARTICLE.
   51    S 5. The education law is amended by adding a new section 6831 to read
   52  as follows:
   53    S 6831. EMERGENCY CONTRACEPTION; NON-PATIENT SPECIFIC PRESCRIPTION  OR
   54  ORDER.  1.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
   55  FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHERWISE:
       A. 420--A                           3

    1    (A) "EMERGENCY  CONTRACEPTION"  MEANS  ONE  OR  MORE  PRESCRIPTION  OR
    2  NON-PRESCRIPTION  DRUGS,  USED SEPARATELY OR IN COMBINATION, IN A DOSAGE
    3  AND MANNER FOR PREVENTING PREGNANCY WHEN USED AFTER  INTERCOURSE,  FOUND
    4  SAFE  AND  EFFECTIVE  FOR  THAT  USE  BY THE UNITED STATES FOOD AND DRUG
    5  ADMINISTRATION, AND DISPENSED OR ADMINISTERED FOR THAT PURPOSE.
    6    (B)  "PRESCRIBER"  MEANS A LICENSED PHYSICIAN, CERTIFIED NURSE PRACTI-
    7  TIONER OR LICENSED MIDWIFE.
    8    2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
    9  CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR LICENSED  PHARMA-
   10  CIST  PURSUANT  TO  A  PRESCRIPTION  OR ORDER FOR A NON-PATIENT SPECIFIC
   11  REGIMEN  MADE  BY  A  PRESCRIBER  UNDER   SECTION   SIXTY-FIVE   HUNDRED
   12  TWENTY-SEVEN, SIXTY-NINE HUNDRED NINE OR SIXTY-NINE HUNDRED FIFTY-ONE OF
   13  THIS  TITLE.  THIS SECTION DOES NOT APPLY TO ADMINISTERING OR DISPENSING
   14  EMERGENCY CONTRACEPTION WHEN LAWFULLY DONE WITHOUT SUCH  A  PRESCRIPTION
   15  OR ORDER.
   16    3.  THE  ADMINISTERING  OR  DISPENSING OF EMERGENCY CONTRACEPTION BY A
   17  REGISTERED PROFESSIONAL NURSE OR LICENSED PHARMACIST SHALL  BE  DONE  IN
   18  ACCORDANCE  WITH  PROFESSIONAL  STANDARDS  OF PRACTICE AND IN ACCORDANCE
   19  WITH WRITTEN PROCEDURES  AND  PROTOCOLS  AGREED  TO  BY  THE  REGISTERED
   20  PROFESSIONAL NURSE OR LICENSED PHARMACIST AND THE PRESCRIBER OR A HOSPI-
   21  TAL  (LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW) THAT
   22  PROVIDES GYNECOLOGICAL OR FAMILY PLANNING SERVICES.
   23    4. (A) WHEN EMERGENCY CONTRACEPTION IS ADMINISTERED OR DISPENSED,  THE
   24  REGISTERED  PROFESSIONAL  NURSE  OR LICENSED PHARMACIST SHALL PROVIDE TO
   25  THE PATIENT WRITTEN MATERIAL THAT INCLUDES: (I) THE  CLINICAL  CONSIDER-
   26  ATIONS  AND  RECOMMENDATIONS  FOR  USE OF THE DRUG; (II) THE APPROPRIATE
   27  METHOD FOR USING THE  DRUG;  (III)  INFORMATION  ON  THE  IMPORTANCE  OF
   28  FOLLOW-UP  HEALTH  CARE;  (IV) INFORMATION ON THE HEALTH RISKS AND OTHER
   29  DANGERS OF UNPROTECTED INTERCOURSE; AND (V) REFERRAL INFORMATION  RELAT-
   30  ING  TO  HEALTH  CARE AND SERVICES RELATING TO SEXUAL ABUSE AND DOMESTIC
   31  VIOLENCE.
   32    (B) SUCH WRITTEN MATERIAL  SHALL  BE  DEVELOPED  OR  APPROVED  BY  THE
   33  COMMISSIONER IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE AMER-
   34  ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
   35    S  6.  Subdivision 4 of section 6909 of the education law, as added by
   36  chapter 573 of the laws of 1999, paragraph (a) as amended and  paragraph
   37  (c)  as  added  by  chapter 221 of the laws of 2002 and paragraph (d) as
   38  added by chapter 429 of the laws of 2005, is amended to read as follows:
   39    4. A certified nurse practitioner may prescribe and  order  a  non-pa-
   40  tient specific regimen [to a registered professional nurse], pursuant to
   41  regulations promulgated by the commissioner, consistent with subdivision
   42  three  of  section  [six  thousand  nine] SIXTY-NINE hundred two of this
   43  article, and consistent with the public health law, [for] TO:
   44    (a) A REGISTERED PROFESSIONAL NURSE FOR:
   45    (I) administering immunizations[.];
   46    [(b)] (II) the emergency treatment of anaphylaxis[.];
   47    [(c)] (III) administering purified protein derivative (PPD) tests[.];
   48    [(d)] (IV) administering tests to determine the presence of the  human
   49  immunodeficiency virus[.];
   50    (V)  EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
   51  SELF-ADMINISTERED BY THE  PATIENT,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
   52  THIRTY-ONE OF THIS TITLE; OR
   53    (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
   54  BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
   55  THIRTY-ONE OF THIS TITLE.
       A. 420--A                           4

    1    S  7.  Subdivision 5 of section 6909 of the education law, as added by
    2  chapter 573 of the laws of 1999, is amended to read as follows:
    3    5.  A registered professional nurse may execute a non-patient specific
    4  regimen prescribed or ordered by a licensed physician, LICENSED MIDWIFE,
    5  or certified nurse practitioner, pursuant to regulations promulgated  by
    6  the commissioner.
    7    S  8.  Section  6951  of  the education law is amended by adding a new
    8  subdivision 4 to read as follows:
    9    4. A LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A  NON-PATIENT  SPECIFIC
   10  REGIMEN  PURSUANT  TO  REGULATIONS  OF THE COMMISSIONER, CONSISTENT WITH
   11  THIS SECTION AND THE PUBLIC HEALTH LAW, TO:
   12    (A) A REGISTERED PROFESSIONAL NURSE FOR EMERGENCY CONTRACEPTION, TO BE
   13  ADMINISTERED TO OR DISPENSED TO BE  SELF-ADMINISTERED  BY  THE  PATIENT,
   14  UNDER SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THIS TITLE; OR
   15    (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
   16  BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
   17  THIRTY-ONE OF THIS TITLE.
   18    S  9.  Section  3216  of  the insurance law is amended by adding a new
   19  subsection (n) to read as follows:
   20    (N) ANY POLICY UNDER  THIS  ARTICLE  THAT  COVERS  CONTRACEPTION  WHEN
   21  PROVIDED  PURSUANT TO A PRESCRIPTION SHALL COVER EMERGENCY CONTRACEPTION
   22  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
   23  HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
   24  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
   25  TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
   26  THROUGH A PRESCRIPTION OR ORDER.
   27    S 10. Section 3221 of the insurance law is amended  by  adding  a  new
   28  subsection (t) to read as follows:
   29    (T)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
   30  PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
   31  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
   32  HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
   33  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
   34  TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
   35  THROUGH A PRESCRIPTION OR ORDER.
   36    S 11. Section 4304 of the insurance law is amended  by  adding  a  new
   37  subsection (n) to read as follows:
   38    (N)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
   39  PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER EMERGENCY CONTRACEPTION
   40  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  SIXTY-EIGHT
   41  HUNDRED  THIRTY-ONE  OF  THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
   42  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  THIR-
   43  TY-ONE  OF  THE  EDUCATION  LAW  AND  WHEN  LAWFULLY PROVIDED OTHER THAN
   44  THROUGH A PRESCRIPTION OR ORDER.
   45    S 12. Subdivision 1 of section 207 of the public health law is amended
   46  by adding a new paragraph (j) to read as follows:
   47    (J) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT  ITS  SAFETY,
   48  EFFICACY, APPROPRIATE USE AND AVAILABILITY.
   49    S  13.  This  act  shall  take effect on the one hundred eightieth day
   50  after it shall have become a law; and sections nine, ten and  eleven  of
   51  this  act  shall  apply to policies and contracts issued, renewed, modi-
   52  fied, altered or amended on  or after such effective date.  The  commis-
   53  sioner  of  education  is authorized to promulgate any and all rules and
   54  regulations and take any other measures necessary to implement this  act
   55  on its effective date on or before such effective date.
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