New York 2023-2024 Regular Session

New York Assembly Bill A01060 Latest Draft

Bill / Amended Version Filed 01/13/2023

   
  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.