New York State Assembly

 
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A01125 Summary:

A01125 Actions:

A01125 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/02/2022AYE/NAY:31/3  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Nay
Nolan
Aye
Hawley
Aye
Pretlow
Aye
Montesano
Aye
Colton
Aye
Blankenbush
Excused
Cook
Aye
Norris
Nay
Cahill
Aye
Brabenec
Nay
Aubry
Aye
Palmesano
Aye
Cusick
Aye
Byrne
Aye
Benedetto
Aye
Ashby
Aye
Weprin
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/03/2022AYE/NAY:25/3  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Nay
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Nay
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Excused
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye

A01125 Floor Votes:

A01125 Memo:

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



 
BILL NUMBER: A1125A
 
SPONSOR: Paulin

 
TITLE OF BILL:
 
An act to amend the education 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 one provides that a licensed physician may prescribe and order a
non-patient specific regimen to a pharmacist licensed and located in the
state, for dispensing self-administered hormonal contraceptives that are
approved by the Federal Food and Drug Administration (FDA).
 
Section 2 adds a new subdivision 29 to section 6802 of the education law
to provide a definition for "self-administered hormonal contraceptives."
 
Section three provides that a pharmacist licensed and located in the
state may dispense a non-patient specific regimen of self-administered
hormonal contraceptives that are approved by the Federal Food and Drug
Administration (FDA), prescribed or ordered by a licensed physician or
certified nurse practitioner. It further provides that prior to dispens-
ing, and at a minimum of every twelve months for returning patients, the
pharmacist must provide the patient with a self-screening risk assess-
ment questionnaire, developed by the commissioner of health. The pharma-
cist must also provide the patient with a fact sheet developed by the
commissioner of health.
 
This section also authorizes the commissioner to require training;
requires pharmacists to notify a patient's primary care provider when
self-administered hormonal contraceptives are dispensed under this
section, and makes it clear that the pharmacist retains the ability to
refuse to dispense a prescription if in their professional judgment,
potential adverse_effects,_interactions_or_other_therapeutic Compli-
cations could endanger the health of the patient.
 
Section four provides that a certified nurse practitioner may prescribe
and order a non-patient specific regimen to a pharmacist licensed and
located in the state dispensing self-administered hormonal contracep-
tives.
 
Section five 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 self-administered hormonal contracep-
tives from a non-patient specific order written by a licensed physician
or certified nurse practitioner, 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 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.

A01125 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1125--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced   by  M.  of  A.  PAULIN,  GOTTFRIED,  THIELE,  GALEF,  COOK,
          J. RIVERA, SEAWRIGHT, DINOWITZ,  BICHOTTE HERMELYN,  BARRETT,  KELLES,
          HEVESI,  McDONALD,  GONZALEZ-ROJAS, SILLITTI, DICKENS, REYES, MAMDANI,
          ROZIC, ENGLEBRIGHT, FORREST, EPSTEIN,  JACKSON,  STECK,  L. ROSENTHAL,
          NIOU,  QUART,  CARROLL,  BURDICK,  SIMON, BURGOS, LUNSFORD, GALLAGHER,
          LAVINE, J. D. RIVERA, CLARK -- read once and referred to the Committee
          on Higher Education -- recommitted to the Committee on  Higher  Educa-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the education 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  regimen  to a pharmacist licensed and located in the state, pursuant
     5  to regulations promulgated by  the  commissioner,  and  consistent  with
     6  section sixty-eight hundred seven of this title, for dispensing self-ad-
     7  ministered  hormonal  contraceptives  as  defined in section sixty-eight
     8  hundred two of 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 seven of this article,  means  self-adminis-
    13  tered  contraceptive medications or devices approved by the federal Food
    14  and Drug Administration to prevent pregnancy by using hormones to  regu-
    15  late  or  prevent  ovulation, and includes oral hormonal contraceptives,
    16  hormonal contraceptive vaginal rings and hormonal contraceptive patches.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01980-04-2
        A. 1125--A                          2
 
     1    § 3. Section 6807 of the education law is  amended  by  adding  a  new
     2  subdivision 4 to read as follows:
     3     4.  a.  A pharmacist licensed and located in the state may dispense a
     4  non-patient specific regimen of  self-administered  hormonal  contracep-
     5  tives,  prescribed or ordered by a licensed physician or certified nurse
     6  practitioner, pursuant to  rules  and  regulations  promulgated  by  the
     7  commissioner, in accordance with the provisions of this subdivision.
     8    b.  Prior to dispensing self-administered hormonal contraceptives to a
     9  patient, and at a minimum of every  twelve  months  for  each  returning
    10  patient, the pharmacist shall:
    11    (i)  provide  the  patient with a self-screening risk assessment ques-
    12  tionnaire, developed by the commissioner of health and made available in
    13  English and the top six languages spoken in the state, according to  the
    14  latest  available  data from the United States Census Bureau, to be used
    15  by the patient to help the patient select an  appropriate  self-adminis-
    16  tered hormonal contraceptive; and
    17    (ii)  provide  the patient with a fact sheet, developed by the commis-
    18  sioner of health and made available in English and the top six languages
    19  spoken in the state, according to the latest  available  data  from  the
    20  United  States  Census  Bureau, that includes but is not limited to, the
    21  clinical considerations and recommendations for use of the self-adminis-
    22  tered hormonal contraceptive, the  appropriate  method  for  using  such
    23  hormonal  contraceptive,  information  on  the  importance  of follow-up
    24  health care, and health care referral information.
    25    c. The  commissioner  may  require  pharmacists  to  undergo  training
    26  related to the provisions of this subdivision.
    27    d. A pharmacist shall notify the patient's primary health care practi-
    28  tioner,  within  seventy-two  hours  of  dispensing  a self-administered
    29  hormonal contraceptive, that such self-administered hormonal  contracep-
    30  tive  has  been dispensed. If the patient does not have a primary health
    31  care practitioner, or is unable to provide contact information for their
    32  primary health care  practitioner,  the  pharmacist  shall  provide  the
    33  patient  with  a  written  record  of  the contraceptives dispensed, and
    34  advise the patient to consult an appropriate health care practitioner.
    35    e. Nothing in this subdivision shall prevent a pharmacist from  refus-
    36  ing  to  dispense pursuant to this subdivision if, in their professional
    37  judgment, potential adverse effects, interactions or  other  therapeutic
    38  complications could endanger the health of the patient.
    39    §  4.  Section  6909  of  the education law is amended by adding a new
    40  subdivision 11 to read as follows:
    41    11. A certified nurse practitioner may prescribe and order  a  non-pa-
    42  tient  specific  regimen  to  a  pharmacist  licensed and located in the
    43  state, pursuant to regulations  promulgated  by  the  commissioner,  and
    44  consistent  with  section  sixty-eight  hundred seven of this title, for
    45  dispensing  self-administered  hormonal  contraceptives  as  defined  in
    46  section sixty-eight hundred two of this title.
    47    §  5.  This  act shall take effect eighteen months after it shall have
    48  become a law. Effective  immediately,  the  addition,  amendment  and/or
    49  repeal  of  any  rule  or regulation necessary for the implementation of
    50  this act on its effective date are authorized to be made  and  completed
    51  on or before such effective date.