Relates to parental involvement in the distribution of emergency contraception in the public schools

Summary of specific provisions

Section 1 outlines the legislative intent.

Section 2 replaces a previously expired section in the education law, section 907, and adds new language requiring the public schools to mail "opt-in" letters to parents before their child may receive any form of emergency contraception from the public schools. This section provides specific instructions on information, provided by the United States Food and Drug Administration, which the letter must contain, as well as a Portion of the letter that must be returned to the school before emergency contraception may be dispensed to a child. This section also includes enumerated Provisions requiring the recording of certain readily observable facts and conditions regarding a child patient by a school health care professional and penalties for failure to record or report these conditions.

Section 3 adds a new sub-section (15) to section 6509 of the education law to extend the definition of professional misconduct to include violations of section 907 of the education law as created in this bill.

Section 4 adds a new sub-section (50) to section 6530 of the education law to extend the definition of professional misconduct for a physician, physician's assistant and specialist's assistant to include violations of section 907 of the education law as created by this bill.

Justification

The courts have determined that the legislature has the constitutional authority, within the context of the public schools, to prescribe the level of parental involvement required when a public school provides medical services to a child- The current standard is found in Alfonso v. Fernandez, 195 A.D. 2d 46, which requires schools to prohibit the distribution of condoms to un-emancipated minors without prior parental consent, or at least,an "opt-out" provision. Id. at 60. However, Alfonso involved the mere distribution of condoms, contraceptive devices available without a prescription and which have very minimal potential for serious health consequences or side-effects, This bill seeks to address the much more consequential distribution of "emergency contraception" to young girls in the public schools.

Emergency contraception, unlike the use of condoms, has been known to cause serious side-effects including nausea, abdominal pain, fatigue,

headache, menstrual irregularities, dizziness and vomiting, among others (see, U.S. Food and Drug Admin. Plan 8 drug approval, 3). More frighteningly, the use of emergency contraceptives greatly increases the risk of ectopic pregnancy, a very dangerous condition that requires immediate medical treatment tick at 2).

Currently, some New York City public schools distribute emergency contraception to students under the guise of a parental "opt-out" letter. However, this letter is not mailed to parents or guardians but merely sent home with students, allowing for the destruction or loss of the letter prior to a parent or guardian ever having seen or acted upon it. Furthermore, no standards are currently in place requiring that students who receive these services and medications are given informed consent and apprised of all the negative consequences of taking such medication. Such informed consent requirements, like those found in this bill, are in no way unusual - particularly in the area of reproductive health, even in New York City (see, e.g., N.Y.C. Admin, Code § 17-405, requiring informed consent for sterilization patients).

New York State government has been aggressive in increasing the level of parental involvement in children's health decisions - as recently as 2012 - by requiring parental consent before a minor can receive a body piercing (A. 10096, Ch.270 of the laws of 2012), and by preventing a minor from tanning at a tanning salon (A. 1074-B, Ch. 105 of the laws of 2012). In signing S. 7445 into law, Governor Cuomo echoed the sentiments of the efforts contained in this piece of legislation by stating that it is "our obligation as New Yorkers and parents to make sure that our teens are taking every precaution to remain healthy and safe" (Governor Cuomo Signs Bill to Protect Teens from Health Risks of Body Piercing, press release, July 30, 2012, emphasis added).

The legislature therefore has the legal authority and moral obligation to uphold the constitutional rights of parents to raise their children in the manner in which they see fit, as well as to protect the health and wellbeing of New York's children.

Prior legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect on the date on which is shall become law.