What's happening
This bill allows pharmacists, under certain protocols, to dispense self-administered FDA-approved contraceptives without patient-specific prescriptions.
Why it matters
Expands Access to Contraceptives. By allowing pharmacists to dispense self-administered contraceptives based on protocols developed with physicians, nurse practitioners, or midwives, the bill could make it easier and faster for individuals to obtain birth control, reducing barriers related to scheduling and provider shortages.
Ensures Clinical Oversight and Patient Safety. The requirement for written procedures, protocols, and pharmacist training in contraceptive drugs aims to maintain clinical standards, ensuring patients receive accurate information and appropriate care, including counseling and referral for follow-up health services.
Insurance Coverage Implications. Non-patient specific orders are recognized as valid prescriptions for insurance purposes, which means that contraceptives dispensed under this model would be covered by health insurance, potentially reducing out-of-pocket costs for patients.
Empowers Healthcare Professionals. The bill explicitly authorizes physicians, nurse practitioners, and midwives to issue non-patient specific orders to pharmacists for contraceptive dispensing, clarifying and expanding the roles of these professionals in reproductive health care delivery.
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Who cares
Headline styles
Let Pharmacists Dispense Birth Control
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Pharmacists Give Birth Control
In Assembly Committee · Higher Education · Sponsor Amy Paulin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3792
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sens. KRUEGER, RIVERA, STAVISKY -- read twice and ordered printed, and when printed to be committed 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 Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 6505-d to read as follows:
§ 6505-d. Non-patient specific regimen. 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.
§ 2. Section 6527 of the education law is amended by adding a new subdivision 9 to read as follows:
9. 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, in accordance with professional standards of practice and subdivision four of section sixty-eight hundred seven of this title.
§ 3. Subdivision 3 of section 6807 of the education law, as added by chapter 573 of the laws of 1999, is amended and a new subdivision 4 is added to read as follows:
3. A pharmacist may dispense drugs and devices to a registered professional nurse, and a registered professional nurse may possess and administer, drugs and devices, pursuant to a non-patient specific regimen prescribed or ordered by a licensed physician, licensed midwife, or certified nurse practitioner, pursuant to regulations promulgated by the commissioner and the public health law.
4. a. A licensed pharmacist may dispense a non-patient specific regimen 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.
LBD06008-01-7
S. 3792 2
approved by the federal food and drug administration, prescribed or ordered by a licensed physician, certified nurse practitioner, or licensed midwife, pursuant to rules and regulations promulgated by the commissioner, in accordance with professional standards of practice and the provisions of this subdivision.
b. The dispensing of contraceptive drugs and devices that are self-administered by a licensed pharmacist under this subdivision shall be done in accordance with written procedures and protocols developed by a pharmacist and a licensed physician, certified nurse practitioner, licensed midwife, or a hospital (licensed under article twenty-eight of the public health law) that provides gynecological or family planning services. When contraceptive drugs and devices that are self-administered are dispensed under this subdivision, the pharmacist shall provide to the patient a fact sheet that includes the clinical considerations and recommendations for use of the drug, the appropriate method for using the drug, information on the importance of follow-up health care, and health care referral information. The commissioner shall develop this fact sheet in consultation with the department of health and the American college of obstetricians and gynecologists. Prior to dispensing contraceptive drugs and devices that are self-administered as authorized under this section, a pharmacist shall successfully complete contraceptive drug therapy education and training in accordance with subdivision seven of section sixty-eight hundred twenty-seven of this article.
§ 4. Section 6827 of the education law is amended by adding a new subdivision 7 to read as follows:
7. Acceptable formal continuing education under this section shall include education and training in contraceptive drugs and devices that are self-administered, in accordance with regulations of the commissioner. The commissioner may provide that a pharmacist who has had sufficiently recent education and training in contraceptive drugs may be exempted from the requirement of this subdivision.
§ 5. Subdivision 4 of section 6909 of the education law is amended by adding a new paragraph (h) to read as follows:
(h) contraceptive drugs and devices that are self-administered and approved by the federal food and drug administration, in accordance with professional standards of practice.
§ 6. Subdivision 5 of section 6909 of the education law, as added by chapter 573 of the laws of 1999, is amended to read as follows:
5. A registered professional nurse may execute a non-patient specific regimen prescribed or ordered by a licensed physician, licensed midwife, or certified nurse practitioner, pursuant to regulations promulgated by the commissioner.
§ 7. Section 6909 of the education law is amended by adding a new subdivision 9 to read as follows:
9. A certified nurse practitioner 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, in accordance with professional standards of practice and subdivision four of section sixty-eight hundred seven of this title.
§ 8. Section 6951 of the education law is amended by adding a new subdivision 4 to read as follows:
4. A licensed midwife may prescribe and order a non-patient specific regimen pursuant to regulations promulgated by the commissioner, consistent with this section, and consistent with the public health law, to:
S. 3792 3
(a) a registered professional nurse for contraceptive drugs and devices that are self-administered and approved by the federal food and drug administration, in accordance with professional standards of practice; or
(b) a licensed pharmacist, for dispensing contraceptive drugs and devices that are self-administered and approved by the federal food and drug administration, in accordance with professional standards of practice and subdivision four of section sixty-eight hundred seven of this title.
§ 9. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the commissioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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-patient 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 pharmacist 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-administered.
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-administered.
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 contraceptive 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 practitioner, 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
This is a new bill.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.