S 5517: Provides for dispensing emergency contraception under certain conditions; defines emergency contraception.

  
  STATE OF NEW YORK ________________________________________________________________________ 5517 2025-2026 Regular Sessions  IN SENATE February 24, 2025 ___________ Introduced by Sens. HINCHEY, CLEARE, HOYLMAN-SIGAL, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education 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 drugs to be safe and 5 effective. There is neither medical nor public health research that 6 validates an age restriction on access to emergency contraception (EC). 7 Furthermore, no specific medical conditions preclude a woman from using 8 EC. The only contraindication to EC use is pregnancy itself, not because 9 it represents a danger to the woman or to the embryo but because it 10 would be inefficient in preventing the pregnancy. Pregnancy prevention, 11 not abortion, is caused by the use of emergency contraceptive drugs. 12 The legislature deems it necessary to guarantee immediate access to EC 13 to all, especially young women. Nearly thirty percent of United States 14 teenage girls become pregnant before reaching twenty years of age. Teens 15 are more likely than adults to experience contraceptive failure, which 16 may lead to unintended pregnancies and consequently dangerous medical 17 issues for both mother and baby. 18 The legislature deems it necessary to create a structure for simplify- 19 ing access to EC for these women, while respecting and preserving the 20 prescribing scope of practice for physicians, nurse practitioners, and 21 midwives; the treating and case-finding scope of practice of registered 22 professional nurses; and the dispensing scope of practice of pharma- 23 cists. This act does not alter the scope of such professions, nor does EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05111-01-5 
 S. 5517 2 1 this legislation interfere with non-prescription access to EC where it 2 is otherwise lawful. 3 § 3. Subdivision 6 of section 6527 of the education law, as added by 4 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464 5 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws 6 of 2005, paragraph (e) as added by chapter 352 of the laws of 2014, 7 paragraph (f) as added by section 6 of part V of chapter 57 of the laws 8 of 2015, paragraph (g) as added by chapter 502 of the laws of 2016, 9 paragraph (h) as added by section 6 of part C of chapter 57 of the laws 10 of 2022 and paragraphs (i), (j), (k) and (l) as added by chapter 193 of 11 the laws of 2023, is amend to read as follows: 12 6. A licensed physician may prescribe and order a non-patient specific 13 regimen [to a registered professional nurse], pursuant to regulations 14 promulgated by the commissioner, and consistent with the public health 15 law, [for] to: 16 (a) a registered professional nurse for: 17 (i) administering immunizations[.]; 18 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 19 [(c)] (iii) administering purified protein derivative (PPD) tests or 20 other tests to detect or screen for tuberculosis infections[.]; 21 [(d)] (iv) administering tests to determine the presence of the human 22 immunodeficiency virus[.]; 23 [(e)] (v) administering tests to determine the presence of the hepati- 24 tis C virus[.]; 25 [(f)] (vi) the urgent or emergency treatment of opioid related over- 26 dose or suspected opioid related overdose[.]; 27 [(g)] (vii) screening of persons at increased risk of syphilis, gonor- 28 rhea and chlamydia[.]; 29 [(h)] (viii) administering tests to determine the presence of COVID-19 30 or its antibodies or influenza virus[.]; 31 [(i)] (ix) administering electrocardiogram tests to detect signs and 32 symptoms of acute coronary syndrome[.]; 33 [(j)] (x) administering point-of-care blood glucose tests to evaluate 34 acute mental status changes in persons with suspected hypoglycemia[.]; 35 [(k)] (xi) administering tests and intravenous lines to persons that 36 meet severe sepsis and septic shock criteria[.]; 37 [(l)] (xii) administering tests to determine pregnancy[.]; or 38 (xiii) emergency contraception, to be administered to or dispensed to 39 be self-administered by the patient, under section sixty-eight hundred 40 thirty-three of this title; or 41 (b) a licensed pharmacist, for dispensing emergency contraception, to 42 be self-administered by the patient, under section sixty-eight hundred 43 thirty-three of this title. 44 § 4. Subdivision 3 of section 6807 of the education law, as added by 45 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is 46 added to read as follows: 47 3. A pharmacist may dispense drugs and devices to a registered profes- 48 sional nurse, and a registered professional nurse may possess and admin- 49 ister, drugs and devices, pursuant to a non-patient specific regimen 50 prescribed or ordered by a licensed physician, licensed midwife or 51 certified nurse practitioner, pursuant to regulations promulgated by the 52 commissioner and the public health law. 53 4. A licensed pharmacist may dispense a non-patient specific regimen 54 of emergency contraception, to be self-administered by the patient, 55 prescribed or ordered by a licensed physician, certified nurse practi- 
 S. 5517 3 1 tioner, or licensed midwife, under section sixty-eight hundred thirty- 2 three of this article. 3 § 5. The education law is amended by adding a new section 6833 to read 4 as follows: 5 § 6833. Emergency contraception; non-patient specific prescription or 6 order. 1. As used in this section, the following terms shall have the 7 following meanings, unless the context requires otherwise: 8 (a) "Emergency contraception" means one or more prescription or non- 9 prescription drugs, used separately or in combination, in a dosage and 10 manner for preventing pregnancy when used after intercourse, found safe 11 and effective for that use by the United States food and drug adminis- 12 tration, and dispensed or administered for that purpose. 13 (b) "Prescriber" means a licensed physician, certified nurse practi- 14 tioner or licensed midwife. 15 2. This section applies to the administering or dispensing of emergen- 16 cy contraception by a registered professional nurse or licensed pharma- 17 cist pursuant to a prescription or order for a non-patient specific 18 regimen made by a prescriber under section sixty-five hundred twenty- 19 seven, sixty-nine hundred nine or sixty-nine hundred fifty-one of this 20 title. This section does not apply to administering or dispensing emer- 21 gency contraception when lawfully done without such a prescription or 22 order. 23 3. The administering or dispensing of emergency contraception by a 24 registered professional nurse or licensed pharmacist shall be done in 25 accordance with professional standards of practice and in accordance 26 with written procedures and protocols agreed to by the registered 27 professional nurse or licensed pharmacist and the prescriber or a hospi- 28 tal (licensed under article twenty-eight of the public health law) that 29 provides gynecological or family planning services. 30 4. (a) When emergency contraception is administered or dispensed, the 31 registered professional nurse or licensed pharmacist shall provide to 32 the patient written material that includes: (i) the clinical consider- 33 ations and recommendations for use of the drug; (ii) the appropriate 34 method for using the drug; (iii) information on the importance of 35 follow-up health care; (iv) information on the health risks and other 36 dangers of unprotected intercourse; and (v) referral information relat- 37 ing to health care and services relating to sexual abuse and domestic 38 violence. 39 (b) Such written material shall be developed or approved by the 40 commissioner in consultation with the department of health and the Amer- 41 ican college of obstetricians and gynecologists. 42 § 6. Subdivision 4 of section 6909 of the education law, as added by 43 chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221 44 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws 45 of 2015, paragraph (d) as added by chapter 429 of the laws of 2005, 46 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f) 47 as added by section 5 of part V of chapter 57 of the laws of 2015, para- 48 graph (g) as added by chapter 502 of the laws of 2016, paragraph (h) as 49 added by section 7 of part C of chapter 57 of the laws of 2022 and para- 50 graphs (i), (j), (k) and (l) as added by chapter 193 of the laws of 51 2023, is amended to read as follows: 52 4. A certified nurse practitioner may prescribe and order a non-pa- 53 tient specific regimen [to a registered professional nurse], pursuant to 54 regulations promulgated by the commissioner, consistent with subdivision 55 three of section six thousand nine hundred two of this article, and 56 consistent with the public health law, [for] to: 
 S. 5517 4 1 (a) a registered professional nurse for: 2 (i) administering immunizations[.]; 3 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 4 [(c)] (iii) administering purified protein derivative (PPD) tests or 5 other tests to detect or screen for tuberculosis infections[.]; 6 [(d)] (iv) administering tests to determine the presence of the human 7 immunodeficiency virus[.]; 8 [(e)] (v) administering tests to determine the presence of the hepati- 9 tis C virus[.]; 10 [(f)] (vi) the urgent or emergency treatment of opioid related over- 11 dose or suspected opioid related overdose[.]; 12 [(g)] (vii) screening of persons at increased risk for syphilis, 13 gonorrhea and chlamydia[.]; 14 [(h)] (viii) administering tests to determine the presence of COVID-19 15 or its antibodies or influenza virus[.]; 16 [(i)] (ix) administering electrocardiogram tests to detect signs and 17 symptoms of acute coronary syndrome[.]; 18 [(j)] (x) administering point-of-care blood glucose tests to evaluate 19 acute mental status changes in persons with suspected hypoglycemia[.]; 20 [(k)] (xi) administering tests and intravenous lines to persons that 21 meet severe sepsis and septic shock criteria[.]; 22 [(l)] (xii) administering tests to determine pregnancy[.]; or 23 (xiii) emergency contraception, to be administered to or dispensed to 24 be self-administered by the patient, under section sixty-eight hundred 25 thirty-three of this title; or 26 (b) a licensed pharmacist, for dispensing emergency contraception, to 27 be self-administered by the patient, under section sixty-eight hundred 28 thirty-three of this title. 29 § 7. Subdivision 5 of section 6909 of the education law, as added by 30 chapter 573 of the laws of 1999, is amended to read as follows: 31 5. A registered professional nurse may execute a non-patient specific 32 regimen prescribed or ordered by a licensed physician, licensed midwife 33 or certified nurse practitioner, pursuant to regulations promulgated by 34 the commissioner. 35 § 8. Section 6951 of the education law is amended by adding a new 36 subdivision 4 to read as follows: 37 4. A licensed midwife may prescribe and order a non-patient specific 38 regimen pursuant to regulations promulgated by the commissioner, 39 consistent with this section and the public health law, to: 40 (a) a registered professional nurse for emergency contraception, to be 41 administered to or dispensed to be self-administered by the patient, 42 under section sixty-eight hundred thirty-three of this title; or 43 (b) a licensed pharmacist, for dispensing emergency contraception, to 44 be self-administered by the patient, under section sixty-eight hundred 45 thirty-three of this title. 46 § 9. Section 3216 of the insurance law is amended by adding a new 47 subsection (n) to read as follows: 48 (n) Any policy under this article that covers contraception when 49 provided pursuant to a prescription shall cover emergency contraception 50 as defined in paragraph (a) of subdivision one of section sixty-eight 51 hundred thirty-three of the education law, when provided pursuant to an 52 ordinary prescription or order under section sixty-eight hundred thir- 53 ty-three of the education law and when lawfully provided other than 54 through a prescription or order. 55 § 10. Section 3221 of the insurance law is amended by adding a new 56 subsection (v) to read as follows: 
 S. 5517 5 1 (v) Any policy under this article that covers contraception when 2 provided pursuant to a prescription, shall cover emergency contraception 3 as defined in paragraph (a) of subdivision one of section sixty-eight 4 hundred thirty-three of the education law, when provided pursuant to an 5 ordinary prescription or order under section sixty-eight hundred thir- 6 ty-three of the education law and when lawfully provided other than 7 through a prescription or order. 8 § 11. Section 4304 of the insurance law is amended by adding a new 9 subsection (n) to read as follows: 10 (n) Any policy under this article that covers contraception when 11 provided pursuant to a prescription, shall cover emergency contraception 12 as defined in paragraph (a) of subdivision one of section sixty-eight 13 hundred thirty-three of the education law, when provided pursuant to an 14 ordinary prescription or order under section sixty-eight hundred thir- 15 ty-three of the education law and when lawfully provided other than 16 through a prescription or order. 17 § 12. Subdivision 1 of section 207 of the public health law is amended 18 by adding a new paragraph (t) to read as follows: 19 (t) Emergency contraception, including information about its safety, 20 efficacy, appropriate use and availability. 21 § 13. This act shall take effect on the one hundred eightieth day 22 after it shall have become a law; provided, however, that sections nine, 23 ten and eleven of this act shall apply to policies and contracts issued, 24 renewed, modified, altered or amended on or after such effective date; 25 provided, further, that the amendments to paragraph (h) of subdivision 6 26 of section 6527 of the education law, made by section three of this act 27 shall not affect the repeal of such paragraph and shall be deemed 28 repealed therewith; provided, further, that the amendments to paragraph 29 (h) of subdivision 4 of section 6909 of the education law, made by 30 section six of this act shall not affect the repeal of such paragraph 31 and shall be deemed repealed therewith. Effective immediately, the addi- 32 tion, amendment and/or repeal of any rule or regulation necessary for 33 the implementation of this act on its effective date are authorized to 34 be made and completed on or before such effective date.