STATE OF NEW YORK
________________________________________________________________________
420--A
2013-2014 Regular Sessions
IN ASSEMBLY(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 § 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 § 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 § 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 thirty-
50 one of this article.
51 § 5. The education law is amended by adding a new section 6831 to read
52 as follows:
53 § 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 non-
2 prescription drugs, used separately or in combination, in a dosage and
3 manner for preventing pregnancy when used after intercourse, found safe
4 and effective for that use by the United States food and drug adminis-
5 tration, 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 twenty-
12 seven, sixty-nine hundred nine or sixty-nine hundred fifty-one of this
13 title. This section does not apply to administering or dispensing emer-
14 gency contraception when lawfully done without such a prescription or
15 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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.
