NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8881
SPONSOR: McDonald TITLE OF BILL:
An act to amend the education law and the public health law, in relation
to authorizing pharmacists to administer injections for contraceptive
use
PURPOSE:
To authorize pharmacists to administer injections for contraceptive use.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 11 of section 6527 of the education law to
allow pharmacists to administer injections of United States Food and
Drug Administration (USFDA) approved injectable contraceptives.
Section 2 amends subdivision 9 of Section 3 amends section 6801 of the
education law to authorize pharmacists to administer injectable contra-
ception as a part of their lawful scope of practice.
Section 3 adds a new subdivision 30 to section 6802 of the education law
to define United States Food and Drug Administration reversible proges-
tin-only contraceptive injection.
Section 4 amends subdivision 11 to section 6909 of the education law to
allow a certified nurse practitioner to prescribe and order a non-pa-
tient specific regimen to a pharmacist located in the state who adminis-
ters injectable contraceptives.
Section 5 adds a new section 267-b to the public health law authorizing
the commissioner to establish a non-patient specific order for dispens-
ing and the administration of injectable contraceptives.
Section 6 provides the effective date.
JUSTIFICATION:
Over 25,000 women throughout New York live in contraceptive deserts,
without access to a single clinic with the full range of contraceptives.
As a result, some women must cross county lines to receive the contra-
ceptive of their choice. With 60% of women of reproductive age currently
using a contraceptive method, it is clear that access to contraception
is a public health concern.
One such shot is the Depo-Provera injection that must be received every
three months. In New York, it must be given by your healthcare provider
rather than a pharmacist. This is an unnecessary barrier keeping women
from the contraception of their choice.
This bill would allow pharmacists to administer these injections, allow-
ing women to receive their hormonal injection at their local pharmacy.
Pharmacists must comply with current laws that require training, provid-
ing self-screening risk assessment questionnaires to patients along with
a fact sheet about the injection. Additionally, pharmacists will be
required to notify the patient's primary health care provider unless the
patient opts out of this notification.
Pharmacies are convenient locations for accessing birth control given
their prevalence in communities and their flexible hours. This legis-
lation improves access for marginalized communities of young people,
rural communities, and other individuals who have historically experi-
enced barriers to reproductive and contraceptive care.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect one year after it has become a law.
STATE OF NEW YORK
________________________________________________________________________
8881
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee 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:
1 Section 1. Subdivision 11 of section 6527 of the education law, as
2 added by chapter 128 of the laws of 2023, is amended to read as follows:
3 11. A licensed physician may prescribe and order a non-patient specif-
4 ic order to a pharmacist licensed and located in the state, pursuant to
5 regulations promulgated by the commissioner, and consistent with section
6 sixty-eight hundred one of this title, for dispensing self-administered
7 hormonal contraceptives or administering a United States Food and Drug
8 Administration approved reversible progestin-only contraceptive
9 injection as defined in section sixty-eight hundred two of this title.
10 § 2. Subdivision 9 of section 6801 of the education law, as added by
11 chapter 128 of the laws of 2023, is amended to read as follows:
12 9. a. A licensed pharmacist may execute a non-patient specific order
13 for the dispensing of self-administered hormonal contraceptives or
14 administer a United States Food and Drug Administration reversible
15 progestin-only contraceptive injection prescribed or ordered by the
16 commissioner of health, a physician licensed in this state or a nurse
17 practitioner certified in this state pursuant to rules and regulations
18 promulgated by the commissioner.
19 b. Prior to dispensing self-administered hormonal contraceptives or
20 administering a United States Food and Drug Administration reversible
21 progestin-only contraceptive injection to a patient, and at a minimum of
22 every twelve months for each returning patient, the pharmacist shall:
23 (i) provide the patient with a self-screening risk assessment ques-
24 tionnaire, developed by the commissioner of health in consultation with
25 the commissioner, to be reviewed by the pharmacist to identify any known
26 risk factors and assist the patient's selection of an appropriate self-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10028-07-4
A. 8881 2
1 administered hormonal contraceptive or United States Food and Drug
2 Administration reversible progestin-only contraceptive injection; and
3 (ii) provide the patient with a fact sheet, developed by the commis-
4 sioner of health, that includes but is not limited to, the clinical
5 considerations and recommendations for use of the self-administered
6 hormonal contraceptive or administration of a United States Food and
7 Drug Administration reversible progestin-only contraceptive injection,
8 the appropriate method for using such hormonal contraceptive, informa-
9 tion on the importance of follow-up health care, health care referral
10 information, and the ability of the patient to opt out of practitioner
11 reporting requirements.
12 c. No pharmacist shall dispense self-administered hormonal contracep-
13 tives or administer a United States Food and Drug Administration
14 reversible progestin-only contraceptive injection under this subdivision
15 without receiving training satisfactory to the commissioner.
16 d. A pharmacist shall notify the patient's primary health care practi-
17 tioner, unless the patient opts out of such notification, within seven-
18 ty-two hours of dispensing a self-administered hormonal contraceptive or
19 administration of a United States Food and Drug Administration revers-
20 ible progestin-only contraceptive injection, that such self-administered
21 hormonal contraceptive or United States Food and Drug Administration
22 reversible progestin-only contraceptive injection has been dispensed or
23 administered. If the patient does not have a primary health care prac-
24 titioner, or is unable to provide contact information for their primary
25 health care practitioner, the pharmacist shall provide the patient with
26 a written record of the contraceptives dispensed, and advise the patient
27 to consult an appropriate health care practitioner.
28 e. Nothing in this subdivision shall prevent a pharmacist from refus-
29 ing to dispense a non-patient specific order of self-administered
30 hormonal contraceptive or administration of a United States Food and
31 Drug Administration reversible progestin-only contraceptive injection
32 pursuant to this subdivision if, in their professional judgment, poten-
33 tial adverse effects, interactions or other therapeutic complications
34 could endanger the health of the patient.
35 § 3. Section 6802 of the education law is amended by adding a new
36 subdivision 30 to read as follows:
37 30. "United States Food and Drug Administration reversible proges-
38 tin-only contraceptive injection" for the purposes of section sixty-
39 eight hundred one of this article, means a pharmacist administered
40 reversible progestin-only contraceptive injection approved by the United
41 States Food and Drug Administration to prevent pregnancy by using
42 hormones to regulate or prevent ovulation.
43 § 4. Subdivision 11 of section 6909 of the education law, as added by
44 chapter 128 of the laws of 2023, is amended to read as follows:
45 11. A certified nurse practitioner may prescribe and order a non-pa-
46 tient specific order to a pharmacist licensed and located in the state,
47 pursuant to regulations promulgated by the commissioner, and consistent
48 with section sixty-eight hundred one of this title, for dispensing self-
49 administered hormonal contraceptives or administration of a United
50 States Food and Drug Administration approved reversible progestin-only
51 contraceptive injection as defined in section sixty-eight hundred two of
52 this title.
53 § 5. The public health law is amended by adding a new section 267-b to
54 read as follows:
55 § 267-b. Pharmacist administered reversible progestin-only contracep-
56 tive injections. The commissioner is authorized to establish a non-pa-
A. 8881 3
1 tient specific order, consistent with section sixty-eight hundred one of
2 the education law, for dispensing and for the administration of United
3 States Food and Drug Administration reversible progestin-only contra-
4 ceptive injection as defined in section sixty-eight hundred two of such
5 chapter.
6 § 6. This act shall take effect one year after it shall have become a
7 law; provided however, that the amendments to sections 6527, 6801 and
8 6909 of the education law made by sections one, two and four of this act
9 shall take effect on the same date and in the same manner as chapter 128
10 of the laws of 2023, takes effect.
11 Effective immediately, the addition, amendment and/or repeal of any
12 rule or regulation necessary for the implementation of this act on its
13 effective date are authorized to be made and completed on or before such
14 effective date.
