Amd §§6527, 6807, 6827, 6909 & 6951, add §6505-d, Ed L
Relates to the dispensing of contraceptive drugs and devices that are self-administered; authorizes a licensed physician, certified nurse practitioner, and a licensed midwife to prescribe and order a non-patient specific regimen to a professional nurse and a licensed pharmacist for the dispensing of contraceptive drugs and devices that are self-administered.
STATE OF NEW YORK
________________________________________________________________________
480
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. PAULIN, GOTTFRIED, THIELE, GALEF, COOK, RIVERA,
SEAWRIGHT, JAFFEE, DINOWITZ, BICHOTTE, BARRETT -- read once and
referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to the dispensing of
contraceptive drugs and devices that are self-administered
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section
2 6505-d to read as follows:
3 § 6505-d. Non-patient specific regimen. A non-patient specific regimen
4 prescribed and ordered under this chapter shall be deemed to be a
5 prescription for all purposes of the insurance law.
6 § 2. Section 6527 of the education law is amended by adding a new
7 subdivision 9 to read as follows:
8 9. A licensed physician may prescribe and order a non-patient specific
9 regimen to a licensed pharmacist, for dispensing contraceptive drugs and
10 devices that are self-administered and approved by the federal food and
11 drug administration, in accordance with professional standards of prac-
12 tice and subdivision four of section sixty-eight hundred seven of this
13 title.
14 § 3. Subdivision 3 of section 6807 of the education law, as added by
15 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is
16 added to read as follows:
17 3. A pharmacist may dispense drugs and devices to a registered profes-
18 sional nurse, and a registered professional nurse may possess and admin-
19 ister, drugs and devices, pursuant to a non-patient specific regimen
20 prescribed or ordered by a licensed physician, licensed midwife, or
21 certified nurse practitioner, pursuant to regulations promulgated by the
22 commissioner and the public health law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03775-01-9
A. 480 2
1 4. a. A licensed pharmacist may dispense a non-patient specific regi-
2 men of contraceptive drugs and devices that are self-administered and
3 approved by the federal food and drug administration, prescribed or
4 ordered by a licensed physician, certified nurse practitioner, or
5 licensed midwife, pursuant to rules and regulations promulgated by the
6 commissioner, in accordance with professional standards of practice and
7 the provisions of this subdivision.
8 b. The dispensing of contraceptive drugs and devices that are self-ad-
9 ministered by a licensed pharmacist under this subdivision shall be done
10 in accordance with written procedures and protocols developed by a phar-
11 macist and a licensed physician, certified nurse practitioner, licensed
12 midwife, or a hospital (licensed under article twenty-eight of the
13 public health law) that provides gynecological or family planning
14 services. When contraceptive drugs and devices that are self-adminis-
15 tered are dispensed under this subdivision, the pharmacist shall provide
16 to the patient a fact sheet that includes the clinical considerations
17 and recommendations for use of the drug, the appropriate method for
18 using the drug, information on the importance of follow-up health care,
19 and health care referral information. The commissioner shall develop
20 this fact sheet in consultation with the department of health and the
21 American college of obstetricians and gynecologists. Prior to dispensing
22 contraceptive drugs and devices that are self-administered as authorized
23 under this section, a pharmacist shall successfully complete contracep-
24 tive drug therapy education and training in accordance with subdivision
25 seven of section sixty-eight hundred twenty-seven of this article.
26 § 4. Section 6827 of the education law is amended by adding a new
27 subdivision 7 to read as follows:
28 7. Acceptable formal continuing education under this section shall
29 include education and training in contraceptive drugs and devices that
30 are self-administered, in accordance with regulations of the commission-
31 er. The commissioner may provide that a pharmacist who has had suffi-
32 ciently recent education and training in contraceptive drugs may be
33 exempted from the requirement of this subdivision.
34 § 5. Subdivision 4 of section 6909 of the education law is amended by
35 adding a new paragraph (h) to read as follows:
36 (h) contraceptive drugs and devices that are self-administered and
37 approved by the federal food and drug administration, in accordance with
38 professional standards of practice.
39 § 6. Subdivision 5 of section 6909 of the education law, as added by
40 chapter 573 of the laws of 1999, is amended to read as follows:
41 5. A registered professional nurse may execute a non-patient specific
42 regimen prescribed or ordered by a licensed physician, licensed midwife,
43 or certified nurse practitioner, pursuant to regulations promulgated by
44 the commissioner.
45 § 7. Section 6909 of the education law is amended by adding a new
46 subdivision 10 to read as follows:
47 10. A certified nurse practitioner may prescribe and order a non-pa-
48 tient specific regimen to a licensed pharmacist, for dispensing contra-
49 ceptive drugs and devices that are self-administered and approved by the
50 federal food and drug administration, in accordance with professional
51 standards of practice and subdivision four of section sixty-eight
52 hundred seven of this title.
53 § 8. Section 6951 of the education law is amended by adding a new
54 subdivision 4 to read as follows:
55 4. A licensed midwife may prescribe and order a non-patient specific
56 regimen pursuant to regulations promulgated by the commissioner,
A. 480 3
1 consistent with this section, and consistent with the public health law,
2 to:
3 (a) a registered professional nurse for contraceptive drugs and
4 devices that are self-administered and approved by the federal food and
5 drug administration, in accordance with professional standards of prac-
6 tice; or
7 (b) a licensed pharmacist, for dispensing contraceptive drugs and
8 devices that are self-administered and approved by the federal food and
9 drug administration, in accordance with professional standards of prac-
10 tice and subdivision four of section sixty-eight hundred seven of this
11 title.
12 § 9. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law; provided that the commissioner of education
14 is authorized to promulgate any and all rules and regulations and take
15 any other measures necessary to implement this act on its effective date
16 on or before such date.
