STATE OF NEW YORK
________________________________________________________________________
5517
2025-2026 Regular Sessions
IN SENATE
February 24, 2025
___________
Introduced by Sens. HINCHEY, CLEARE, HOYLMAN-SIGAL, 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "unintended pregnancy prevention act".
3 § 2. Legislative findings. The United States Food and Drug Adminis-
4 tration (FDA) has declared emergency contraceptive drugs to be safe and
5 effective. There is neither medical nor public health research that
6 validates an age restriction on access to emergency contraception (EC).
7 Furthermore, no specific medical conditions preclude a woman from using
8 EC. The only contraindication to EC use is pregnancy itself, not because
9 it represents a danger to the woman or to the embryo but because it
10 would be inefficient in preventing the pregnancy. Pregnancy prevention,
11 not abortion, is caused by the use of emergency contraceptive drugs.
12 The legislature deems it necessary to guarantee immediate access to EC
13 to all, especially young women. Nearly thirty percent of United States
14 teenage girls become pregnant before reaching twenty years of age. Teens
15 are more likely than adults to experience contraceptive failure, which
16 may lead to unintended pregnancies and consequently dangerous medical
17 issues for both mother and baby.
18 The legislature deems it necessary to create a structure for simplify-
19 ing access to EC for these women, while respecting and preserving the
20 prescribing scope of practice for physicians, nurse practitioners, and
21 midwives; the treating and case-finding scope of practice of registered
22 professional nurses; and the dispensing scope of practice of pharma-
23 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.
LBD05111-01-5
S. 5517 2
1 this legislation interfere with non-prescription access to EC where it
2 is otherwise lawful.
3 § 3. Subdivision 6 of section 6527 of the education law, as added by
4 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464
5 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws
6 of 2005, paragraph (e) as added by chapter 352 of the laws of 2014,
7 paragraph (f) as added by section 6 of part V of chapter 57 of the laws
8 of 2015, paragraph (g) as added by chapter 502 of the laws of 2016,
9 paragraph (h) as added by section 6 of part C of chapter 57 of the laws
10 of 2022 and paragraphs (i), (j), (k) and (l) as added by chapter 193 of
11 the laws of 2023, is amend to read as follows:
12 6. A licensed physician may prescribe and order a non-patient specific
13 regimen [to a registered professional nurse], pursuant to regulations
14 promulgated by the commissioner, and consistent with the public health
15 law, [for] to:
16 (a) a registered professional nurse for:
17 (i) administering immunizations[.];
18 [(b)] (ii) the emergency treatment of anaphylaxis[.];
19 [(c)] (iii) administering purified protein derivative (PPD) tests or
20 other tests to detect or screen for tuberculosis infections[.];
21 [(d)] (iv) administering tests to determine the presence of the human
22 immunodeficiency virus[.];
23 [(e)] (v) administering tests to determine the presence of the hepati-
24 tis C virus[.];
25 [(f)] (vi) the urgent or emergency treatment of opioid related over-
26 dose or suspected opioid related overdose[.];
27 [(g)] (vii) screening of persons at increased risk of syphilis, gonor-
28 rhea and chlamydia[.];
29 [(h)] (viii) administering tests to determine the presence of COVID-19
30 or its antibodies or influenza virus[.];
31 [(i)] (ix) administering electrocardiogram tests to detect signs and
32 symptoms of acute coronary syndrome[.];
33 [(j)] (x) administering point-of-care blood glucose tests to evaluate
34 acute mental status changes in persons with suspected hypoglycemia[.];
35 [(k)] (xi) administering tests and intravenous lines to persons that
36 meet severe sepsis and septic shock criteria[.];
37 [(l)] (xii) administering tests to determine pregnancy[.]; or
38 (xiii) emergency contraception, to be administered to or dispensed to
39 be self-administered by the patient, under section sixty-eight hundred
40 thirty-three of this title; or
41 (b) a licensed pharmacist, for dispensing emergency contraception, to
42 be self-administered by the patient, under section sixty-eight hundred
43 thirty-three of this title.
44 § 4. Subdivision 3 of section 6807 of the education law, as added by
45 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is
46 added to read as follows:
47 3. A pharmacist may dispense drugs and devices to a registered profes-
48 sional nurse, and a registered professional nurse may possess and admin-
49 ister, drugs and devices, pursuant to a non-patient specific regimen
50 prescribed or ordered by a licensed physician, licensed midwife or
51 certified nurse practitioner, pursuant to regulations promulgated by the
52 commissioner and the public health law.
53 4. A licensed pharmacist may dispense a non-patient specific regimen
54 of emergency contraception, to be self-administered by the patient,
55 prescribed or ordered by a licensed physician, certified nurse practi-
S. 5517 3
1 tioner, or licensed midwife, under section sixty-eight hundred thirty-
2 three of this article.
3 § 5. The education law is amended by adding a new section 6833 to read
4 as follows:
5 § 6833. Emergency contraception; non-patient specific prescription or
6 order. 1. As used in this section, the following terms shall have the
7 following meanings, unless the context requires otherwise:
8 (a) "Emergency contraception" means one or more prescription or non-
9 prescription drugs, used separately or in combination, in a dosage and
10 manner for preventing pregnancy when used after intercourse, found safe
11 and effective for that use by the United States food and drug adminis-
12 tration, and dispensed or administered for that purpose.
13 (b) "Prescriber" means a licensed physician, certified nurse practi-
14 tioner or licensed midwife.
15 2. This section applies to the administering or dispensing of emergen-
16 cy contraception by a registered professional nurse or licensed pharma-
17 cist pursuant to a prescription or order for a non-patient specific
18 regimen made by a prescriber under section sixty-five hundred twenty-
19 seven, sixty-nine hundred nine or sixty-nine hundred fifty-one of this
20 title. This section does not apply to administering or dispensing emer-
21 gency contraception when lawfully done without such a prescription or
22 order.
23 3. The administering or dispensing of emergency contraception by a
24 registered professional nurse or licensed pharmacist shall be done in
25 accordance with professional standards of practice and in accordance
26 with written procedures and protocols agreed to by the registered
27 professional nurse or licensed pharmacist and the prescriber or a hospi-
28 tal (licensed under article twenty-eight of the public health law) that
29 provides gynecological or family planning services.
30 4. (a) When emergency contraception is administered or dispensed, the
31 registered professional nurse or licensed pharmacist shall provide to
32 the patient written material that includes: (i) the clinical consider-
33 ations and recommendations for use of the drug; (ii) the appropriate
34 method for using the drug; (iii) information on the importance of
35 follow-up health care; (iv) information on the health risks and other
36 dangers of unprotected intercourse; and (v) referral information relat-
37 ing to health care and services relating to sexual abuse and domestic
38 violence.
39 (b) Such written material shall be developed or approved by the
40 commissioner in consultation with the department of health and the Amer-
41 ican college of obstetricians and gynecologists.
42 § 6. Subdivision 4 of section 6909 of the education law, as added by
43 chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221
44 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws
45 of 2015, paragraph (d) as added by chapter 429 of the laws of 2005,
46 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f)
47 as added by section 5 of part V of chapter 57 of the laws of 2015, para-
48 graph (g) as added by chapter 502 of the laws of 2016, paragraph (h) as
49 added by section 7 of part C of chapter 57 of the laws of 2022 and para-
50 graphs (i), (j), (k) and (l) as added by chapter 193 of the laws of
51 2023, is amended to read as follows:
52 4. A certified nurse practitioner may prescribe and order a non-pa-
53 tient specific regimen [to a registered professional nurse], pursuant to
54 regulations promulgated by the commissioner, consistent with subdivision
55 three of section six thousand nine hundred two of this article, and
56 consistent with the public health law, [for] to:
S. 5517 4
1 (a) a registered professional nurse for:
2 (i) administering immunizations[.];
3 [(b)] (ii) the emergency treatment of anaphylaxis[.];
4 [(c)] (iii) administering purified protein derivative (PPD) tests or
5 other tests to detect or screen for tuberculosis infections[.];
6 [(d)] (iv) administering tests to determine the presence of the human
7 immunodeficiency virus[.];
8 [(e)] (v) administering tests to determine the presence of the hepati-
9 tis C virus[.];
10 [(f)] (vi) the urgent or emergency treatment of opioid related over-
11 dose or suspected opioid related overdose[.];
12 [(g)] (vii) screening of persons at increased risk for syphilis,
13 gonorrhea and chlamydia[.];
14 [(h)] (viii) administering tests to determine the presence of COVID-19
15 or its antibodies or influenza virus[.];
16 [(i)] (ix) administering electrocardiogram tests to detect signs and
17 symptoms of acute coronary syndrome[.];
18 [(j)] (x) administering point-of-care blood glucose tests to evaluate
19 acute mental status changes in persons with suspected hypoglycemia[.];
20 [(k)] (xi) administering tests and intravenous lines to persons that
21 meet severe sepsis and septic shock criteria[.];
22 [(l)] (xii) administering tests to determine pregnancy[.]; or
23 (xiii) emergency contraception, to be administered to or dispensed to
24 be self-administered by the patient, under section sixty-eight hundred
25 thirty-three of this title; or
26 (b) a licensed pharmacist, for dispensing emergency contraception, to
27 be self-administered by the patient, under section sixty-eight hundred
28 thirty-three of this title.
29 § 7. Subdivision 5 of section 6909 of the education law, as added by
30 chapter 573 of the laws of 1999, is amended to read as follows:
31 5. A registered professional nurse may execute a non-patient specific
32 regimen prescribed or ordered by a licensed physician, licensed midwife
33 or certified nurse practitioner, pursuant to regulations promulgated by
34 the commissioner.
35 § 8. Section 6951 of the education law is amended by adding a new
36 subdivision 4 to read as follows:
37 4. A licensed midwife may prescribe and order a non-patient specific
38 regimen pursuant to regulations promulgated by the commissioner,
39 consistent with this section and the public health law, to:
40 (a) a registered professional nurse for emergency contraception, to be
41 administered to or dispensed to be self-administered by the patient,
42 under section sixty-eight hundred thirty-three of this title; or
43 (b) a licensed pharmacist, for dispensing emergency contraception, to
44 be self-administered by the patient, under section sixty-eight hundred
45 thirty-three of this title.
46 § 9. Section 3216 of the insurance law is amended by adding a new
47 subsection (n) to read as follows:
48 (n) Any policy under this article that covers contraception when
49 provided pursuant to a prescription shall cover emergency contraception
50 as defined in paragraph (a) of subdivision one of section sixty-eight
51 hundred thirty-three of the education law, when provided pursuant to an
52 ordinary prescription or order under section sixty-eight hundred thir-
53 ty-three of the education law and when lawfully provided other than
54 through a prescription or order.
55 § 10. Section 3221 of the insurance law is amended by adding a new
56 subsection (v) to read as follows:
S. 5517 5
1 (v) Any policy under this article that covers contraception when
2 provided pursuant to a prescription, shall cover emergency contraception
3 as defined in paragraph (a) of subdivision one of section sixty-eight
4 hundred thirty-three of the education law, when provided pursuant to an
5 ordinary prescription or order under section sixty-eight hundred thir-
6 ty-three of the education law and when lawfully provided other than
7 through a prescription or order.
8 § 11. Section 4304 of the insurance law is amended by adding a new
9 subsection (n) to read as follows:
10 (n) Any policy under this article that covers contraception when
11 provided pursuant to a prescription, shall cover emergency contraception
12 as defined in paragraph (a) of subdivision one of section sixty-eight
13 hundred thirty-three of the education law, when provided pursuant to an
14 ordinary prescription or order under section sixty-eight hundred thir-
15 ty-three of the education law and when lawfully provided other than
16 through a prescription or order.
17 § 12. Subdivision 1 of section 207 of the public health law is amended
18 by adding a new paragraph (t) to read as follows:
19 (t) Emergency contraception, including information about its safety,
20 efficacy, appropriate use and availability.
21 § 13. This act shall take effect on the one hundred eightieth day
22 after it shall have become a law; provided, however, that sections nine,
23 ten and eleven of this act shall apply to policies and contracts issued,
24 renewed, modified, altered or amended on or after such effective date;
25 provided, further, that the amendments to paragraph (h) of subdivision 6
26 of section 6527 of the education law, made by section three of this act
27 shall not affect the repeal of such paragraph and shall be deemed
28 repealed therewith; provided, further, that the amendments to paragraph
29 (h) of subdivision 4 of section 6909 of the education law, made by
30 section six of this act shall not affect the repeal of such paragraph
31 and shall be deemed repealed therewith. Effective immediately, the addi-
32 tion, amendment and/or repeal of any rule or regulation necessary for
33 the implementation of this act on its effective date are authorized to
34 be made and completed on or before such effective date.
