A01125 Summary:

BILL NOA01125
 
SAME ASSAME AS S06698
 
SPONSORPaulin
 
COSPNSRGottfried, Thiele, Galef, Cook, Rivera J, Seawright, Dinowitz, Bichotte Hermelyn, Barrett, Kelles, Hevesi, McDonald
 
MLTSPNSR
 
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.
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A01125 Actions:

BILL NOA01125
 
01/07/2021referred to higher education
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A01125 Committee Votes:

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A01125 Floor Votes:

There are no votes for this bill in this legislative session.
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A01125 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1125
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the education law, in relation to the dispensing of contraceptive drugs and devices that are self-administered   PURPOSE: To reduce the number of unintended pregnancies by increasing access contraceptive drugs for women in New York State.   SUMMARY OF SPECIFIC PROVISIONS: Section one provides that a non-patient specific regimen prescribed and ordered under this chapter shall be deemed to be a prescription for all purposes of the insurance law. Section two provides that a licensed physician may prescribe and order a non-patient specific regimen to a licensed pharmacist, for dispensing contraceptive drugs and devices that are self-administered and approved by the Federal Food and Drug Administration (FDA). Section three provides that a licensed pharmacist may dispense a non-pa- tient specific regimen of contraceptive drugs and devices that are self- administered and approved by the FDA, prescribed or ordered by a licensed physician, certified nurse practitioner, or licensed midwife. It further provides that the dispensing of contraceptive drugs shall be in accordance with written procedures and protocols developed by a phar- macist and a licensed physician, certified nurse practitioner, licensed midwife, or a hospital that provides gynecological or family planning services. When drugs are dispensed, the pharmacist shall provide the patient with a fact sheet, to be developed by the Commissioner in consultation with the Department of Health and the American College of Obstetrics and Gynecologists. Prior to dispensing drugs under this section, a pharmacist shall complete training. Section four provides that acceptable formal continuing education shall include training in contraceptive drugs and devices that are self-admin- istered. Section five provides that a certified nurse practitioner may prescribe and order a non-patient specific regimen to a registered professional nurse for dispensing contraceptive drugs and devices that are self-ad- ministered. Section six provides that a registered professional nurse may execute a non-patient specific regimen ordered by a licensed midwife. Sections seven and eight provide that a certified nurse practitioner and licensed midwife, respectively, may prescribe and order a non-patient specific regimen to a licensed pharmacist for dispensing contraceptive drugs and devices that are self-administered and approved by the FDA. Section nine 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 and registered nurses to dispense contraceptive drugs from a non-patient specific order, written by a licensed physician, certified nurse practi- tioner, or licensed midwife, bypassing the frequent difficulties encountered in obtaining medical appointments at offices with limited hours, long waits or inconvenient locations.   PRIOR LEGISLATIVE HISTORY: A.480, 2019 and 2020, referred to higher education. A.2632, 2017 and 2018, referred to higher education. Same as 5.3792, 2017 and 2018, referred to higher education. A.8707A, 2016 referred to higher educa- tion. Same as 5.7503, 2016 referred to higher education.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect 180 days after it becomes law provided the commissioner of education is authorized to promulgate any and all rules, regulations and measures necessary for implementation on or before such date.
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A01125 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1125
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced   by  M.  of  A.  PAULIN,  GOTTFRIED,  THIELE,  GALEF,  COOK,
          J. RIVERA, SEAWRIGHT, 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 10 to read as follows:
     8    10. A licensed physician may prescribe and order a non-patient specif-
     9  ic regimen to a licensed pharmacist, for dispensing contraceptive  drugs
    10  and  devices that are self-administered and approved by the federal food
    11  and drug administration, in accordance with  professional  standards  of
    12  practice  and  subdivision  four of section sixty-eight hundred seven of
    13  this 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.
    23    4. a. A licensed pharmacist may dispense a non-patient specific  regi-
    24  men  of  contraceptive  drugs and devices that are self-administered and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01980-01-1

        A. 1125                             2
 
     1  approved by the federal food  and  drug  administration,  prescribed  or
     2  ordered  by  a  licensed  physician,  certified  nurse  practitioner, or
     3  licensed midwife, pursuant to rules and regulations promulgated  by  the
     4  commissioner,  in accordance with professional standards of practice and
     5  the provisions of this subdivision.
     6    b. The dispensing of contraceptive drugs and devices that are self-ad-
     7  ministered by a licensed pharmacist under this subdivision shall be done
     8  in accordance with written procedures and protocols developed by a phar-
     9  macist and a licensed physician, certified nurse practitioner,  licensed
    10  midwife,  or  a  hospital  (licensed  under  article twenty-eight of the
    11  public health  law)  that  provides  gynecological  or  family  planning
    12  services.    When contraceptive drugs and devices that are self-adminis-
    13  tered are dispensed under this subdivision, the pharmacist shall provide
    14  to the patient a fact sheet that includes  the  clinical  considerations
    15  and  recommendations  for  use  of  the drug, the appropriate method for
    16  using the drug, information on the importance of follow-up health  care,
    17  and  health  care  referral  information. The commissioner shall develop
    18  this fact sheet in consultation with the department of  health  and  the
    19  American college of obstetricians and gynecologists. Prior to dispensing
    20  contraceptive drugs and devices that are self-administered as authorized
    21  under  this section, a pharmacist shall successfully complete contracep-
    22  tive drug therapy education and training in accordance with  subdivision
    23  seven of section sixty-eight hundred twenty-seven of this article.
    24    §  4.  Section  6827  of  the education law is amended by adding a new
    25  subdivision 7 to read as follows:
    26    7. Acceptable formal continuing education  under  this  section  shall
    27  include  education  and training in contraceptive drugs and devices that
    28  are self-administered, in accordance with regulations of the commission-
    29  er. The commissioner may provide that a pharmacist who  has  had  suffi-
    30  ciently  recent  education  and  training  in contraceptive drugs may be
    31  exempted from the requirement of this subdivision.
    32    § 5. Subdivision 4 of section 6909 of the education law is amended  by
    33  adding a new paragraph (h) to read as follows:
    34    (h)  contraceptive  drugs  and  devices that are self-administered and
    35  approved by the federal food and drug administration, in accordance with
    36  professional standards of practice.
    37    § 6. Subdivision 5 of section 6909 of the education law, as  added  by
    38  chapter 573 of the laws of 1999, is amended to read as follows:
    39    5.  A registered professional nurse may execute a non-patient specific
    40  regimen prescribed or ordered by a licensed physician, licensed midwife,
    41  or certified nurse practitioner, pursuant to regulations promulgated  by
    42  the commissioner.
    43    §  7.  Section  6909  of  the education law is amended by adding a new
    44  subdivision 10 to read as follows:
    45    10. A certified nurse practitioner may prescribe and order  a  non-pa-
    46  tient  specific regimen to a licensed pharmacist, for dispensing contra-
    47  ceptive drugs and devices that are self-administered and approved by the
    48  federal food and drug administration, in  accordance  with  professional
    49  standards  of  practice  and  subdivision  four  of  section sixty-eight
    50  hundred seven of this title.
    51    § 8. Section 6951 of the education law is  amended  by  adding  a  new
    52  subdivision 4 to read as follows:
    53    4.  A  licensed midwife may prescribe and order a non-patient specific
    54  regimen  pursuant  to  regulations  promulgated  by  the   commissioner,
    55  consistent with this section, and consistent with the public health law,
    56  to:

        A. 1125                             3
 
     1    (a)  a  registered  professional  nurse  for  contraceptive  drugs and
     2  devices that are self-administered and approved by the federal food  and
     3  drug  administration, in accordance with professional standards of prac-
     4  tice; or
     5    (b)  a  licensed  pharmacist,  for  dispensing contraceptive drugs and
     6  devices that are self-administered and approved by the federal food  and
     7  drug  administration, in accordance with professional standards of prac-
     8  tice and subdivision four of section sixty-eight hundred seven  of  this
     9  title.
    10    § 9. This act shall take effect on the one hundred eightieth day after
    11  it  shall  have become a law. Effective immediately, the commissioner of
    12  education is authorized to promulgate any and all rules and  regulations
    13  and  take  any  other  measures  necessary  to implement this act on its
    14  effective date on or before such date.
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