New York State Assembly

 
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A01060 Summary:

A01060 Actions:

A01060 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Fahy      
DATE:03/21/2023AYE/NAY:18/8  Action: Favorable refer to committee Rules        
Fahy
Aye
Smullen
Nay
Lupardo
Aye
Smith
Nay
Stirpe
Aye
Fitzpatrick
Nay
Simon
Aye
Reilly
Nay
McDonald
Aye
Gandolfo
Nay
Bichotte Hermel
Aye
Miller
Nay
Hyndman
Aye
Flood
Nay
Epstein
Aye
Gray
Nay
McMahon
Aye
Buttenschon
Aye
Clark
Aye
Forrest
Aye
Chandler-Waterm
Aye
Joyner
Aye
Seawright
Aye
Wallace
Aye
Burgos
Aye
Eachus
Aye

Committee:RULES   Chair:Pretlow      
DATE:03/22/2023AYE/NAY:20/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A01060 Floor Votes:

A01060 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1060A
 
SPONSOR: Paulin

 
TITLE OF BILL:
 
An act to amend the education law and the public health law, in relation
to the dispensing of self-administered hormonal contraceptives
 
 
PURPOSE:
 
To reduce the number of unintended pregnancies by increasing access to
contraceptive drugs for women in New York State.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 provides that a licensed physician may prescribe and order a
non-patient specific order to a pharmacist licensed and located in the
state, for dispensing self-administered hormonal contraceptives.

Section 2 provides a definition for "self-administered hormonal contra-
ceptives" which shall include self-administered, Food and Drug Adminis-
tration-approved oral hormonal contraceptives, hormonal contraceptive
vaginal rings, and hormonal contraceptive patches.
 
Section 3 provides that a licensed pharmacist may execute a non-patient
specific order for the dispensing of self-administered hormonal contra-
ceptives prescribed or ordered by a licensed physician, nurse practi-
tioner, or the Commissioner of Health. It further provides that prior to
dispensing, and at a minimum of every twelve months for returning
patients, the pharmacist must provide the patient with a self-screening
risk assessment questionnaire, developed by the Commissioner of Health,
in consultation with the Commissioner of Education. The pharmacist must
also provide the patient with a fact sheet developed by the Commissioner
of Health, in consultation with the Commissioner of Education.

This section also requires pharmacists. to receive training satisfactory
to the Commissioner of Education; requires pharmacists to notify a
patient's primary care provider when self-administered hormonal contra-
ceptives are dispensed under this section unless the patient opts-out;
and makes it clear that pharmacists retain the ability to refuse to
dispense a prescription if in their professional judgment, potential
adverse effects, interactions or other therapeutic complications could
endanger the health of the patient.
 
Section 4 provides that a certified nurse practitioner may prescribe and
order a non-patient specific order to a pharmacist licensed and located
in the state, for dispensing self-administered hormonal contraceptives.
 
Section 5 authorizes the Commissioner of Health to establish a non-pa-
tient specific order for the dispensing of self-administered hormonal
contraceptives.
 
Section 6. provides the effective date.
 
 
JUSTIFICATION:

Women in New York State currently face barriers to accessing contracep-
tive drugs, as current law requires a patient-specific prescription from
a health care provider. This bill would allow New York State pharmacists
to execute a non-patient specific order from a licensed physician,
certified nurse practitioner, or the Commissioner of Health for the
dispensing of self-administered hormonal contraceptives. This would
bypass the frequent difficulties encountered in obtaining medical
appointments at offices with limited hours, long waits or inconvenient
locations.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.1125A, 2021 and 2022, passed Assembly. Same as S.6698A, 2021 and 2022,
amended and recommitted to higher education.
 
A.480, 2019 and 2020, referred to higher education.
 
A.2632, 2017 and 2018, referred to higher education. Same as S.3792,
2017 and 2018, referred to higher education.
 
A.8707A, 2016 referred to higher education. Same as S.7503, 2016
referred to higher education.
 
 
FISCAL IMPLICATIONS:
 
None
 
 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.

A01060 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1060--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced  by  M. of A. PAULIN, THIELE, COOK, RIVERA, SEAWRIGHT, DINOW-
          ITZ,  BICHOTTE HERMELYN,  BARRETT,  KELLES,  HEVESI,   GONZALEZ-ROJAS,
          SILLITTI,  DICKENS,  REYES,  MAMDANI,  ROZIC, EPSTEIN, JACKSON, STECK,
          L. ROSENTHAL, CARROLL, BURDICK, SIMON,  BURGOS,  LUNSFORD,  GALLAGHER,
          LAVINE,  CLARK,  GLICK, OTIS, McDONALD, RAGA -- read once and referred
          to the Committee on Higher Education  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the education law and the public health law, in relation
          to the dispensing of self-administered hormonal contraceptives
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  6527 of the education law is amended by adding a
     2  new subdivision 11 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 as defined in section sixty-eight hundred two of
     8  this title.
     9    § 2. Section 6802 of the education law is  amended  by  adding  a  new
    10  subdivision 29 to read as follows:
    11    29.  "Self-administered  hormonal  contraceptives", for the purpose of
    12  section sixty-eight hundred one of this article, means self-administered
    13  contraceptive medications or devices approved by the  federal  Food  and
    14  Drug  Administration  to prevent pregnancy by using hormones to regulate
    15  or prevent ovulation, and includes oral hormonal contraceptives, hormon-
    16  al contraceptive vaginal rings and hormonal contraceptive patches.
    17    § 3. Section 6801 of the education law is  amended  by  adding  a  new
    18  subdivision 9 to read as follows:
    19     9.  a. A licensed pharmacist may execute a non-patient specific order
    20  for  the  dispensing  of   self-administered   hormonal   contraceptives
    21  prescribed  or  ordered  by  the  commissioner  of  health,  a physician
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02138-03-3
        A. 1060--A                          2
 
     1  licensed in this state or a nurse practitioner certified in  this  state
     2  pursuant to rules and regulations promulgated by the commissioner.
     3    b.  Prior to dispensing self-administered hormonal contraceptives to a
     4  patient, and at a minimum of every  twelve  months  for  each  returning
     5  patient, the pharmacist shall:
     6    (i)  provide  the  patient with a self-screening risk assessment ques-
     7  tionnaire, developed by the commissioner of health in consultation  with
     8  the commissioner, to be reviewed by the pharmacist to identify any known
     9  risk  factors and assist the patient's selection of an appropriate self-
    10  administered hormonal contraceptive; and
    11    (ii) provide the patient with a fact sheet, developed by  the  commis-
    12  sioner  of  health,  that  includes  but is not limited to, the clinical
    13  considerations and recommendations  for  use  of  the  self-administered
    14  hormonal  contraceptive,  the appropriate method for using such hormonal
    15  contraceptive, information on the importance of follow-up  health  care,
    16  health  care referral information, and the ability of the patient to opt
    17  out of practitioner reporting requirements.
    18    c. No pharmacist shall dispense self-administered hormonal  contracep-
    19  tives  under this subdivision without receiving training satisfactory to
    20  the commissioner.
    21    d. A pharmacist shall notify the patient's primary health care practi-
    22  tioner, unless the patient opts out of such notification, within  seven-
    23  ty-two  hours  of dispensing a self-administered hormonal contraceptive,
    24  that such self-administered hormonal contraceptive has  been  dispensed.
    25  If  the  patient does not have a primary health care practitioner, or is
    26  unable to provide contact information  for  their  primary  health  care
    27  practitioner,  the  pharmacist  shall provide the patient with a written
    28  record of the  contraceptives  dispensed,  and  advise  the  patient  to
    29  consult an appropriate health care practitioner.
    30    e.  Nothing in this subdivision shall prevent a pharmacist from refus-
    31  ing to  dispense  a  non-patient  specific  order  of  self-administered
    32  hormonal contraceptive pursuant to this subdivision if, in their profes-
    33  sional judgment, potential adverse effects, interactions or other thera-
    34  peutic complications could endanger the health of the patient.
    35    §  4.  Section  6909  of  the education law is amended by adding a new
    36  subdivision 11 to read as follows:
    37    11. A certified nurse practitioner may prescribe and order  a  non-pa-
    38  tient  specific order to a pharmacist licensed and located in the state,
    39  pursuant to regulations promulgated by the commissioner, and  consistent
    40  with section sixty-eight hundred one of this title, for dispensing self-
    41  administered  hormonal  contraceptives as defined in section sixty-eight
    42  hundred two of this title.
    43    § 5. The public health law is amended by adding a new section 267-a to
    44  read as follows:
    45    § 267-a. Self-administered hormonal contraceptives.  The  commissioner
    46  is authorized to establish a non-patient specific order, consistent with
    47  section  sixty-eight  hundred  one  of the education law, for dispensing
    48  self-administered hormonal contraceptives as defined in  section  sixty-
    49  eight hundred two of such chapter.
    50    §  6.  This  act shall take effect eighteen months after it shall have
    51  become a law. Effective  immediately,  the  addition,  amendment  and/or
    52  repeal  of  any  rule  or regulation necessary for the implementation of
    53  this act on its effective date are authorized to be made  and  completed
    54  on or before such effective date.