What's happening
This bill allows nurses and pharmacists to dispense emergency contraception under non-patient specific orders and requires insurance coverage for emergency contraception.
Why it matters
Expands direct access to emergency contraception. By permitting registered nurses and pharmacists to dispense emergency contraception under non-patient specific orders, the bill removes the need for an individual doctor’s prescription, making timely access easier—especially important since emergency contraception is most effective when taken soon after unprotected sex.
Standardizes patient education and safety. The bill requires that anyone dispensing emergency contraception (nurses or pharmacists) must provide written information about how to use the medication, clinical guidance, the importance of follow-up care, risks of unprotected sex, and resources for sexual abuse or domestic violence. This ensures patients receive comprehensive, medically accurate information at the point of care.
Reduces financial barriers. By mandating that insurance policies cover emergency contraception whether provided by prescription or over-the-counter, the legislation addresses a major barrier for many people—out-of-pocket cost—ensuring broader, more equitable access regardless of how the medication is obtained.
Aligns scope of practice for health professionals. The law clarifies and expands the roles of physicians, nurse practitioners, midwives, registered nurses, and pharmacists regarding emergency contraception. This can improve healthcare efficiency and responsiveness, particularly in underserved or rural areas where access to physicians may be limited.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Expand Access to Emergency Contraception
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 3793a
- Amend and recommit to higher education
- 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.
Allow Pharmacists Emergency Contraception
In Assembly Committee · Ways And Means · Sponsor Amy Paulin
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3793--A
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sens. KRUEGER, AVELLA, BAILEY, HOYLMAN, MONTGOMERY, PARK- ER, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, the insurance law and the public health law, in relation to providing for dispensing emergency contraception under certain conditions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "unintended pregnancy prevention act".
§ 2. Legislative findings. The United States Food and Drug Administration (FDA) has declared emergency contraceptive drugs to be safe and effective. There is neither medical nor public health research that validates an age restriction on access to emergency contraception (EC). Furthermore, no specific medical conditions preclude a woman from using EC. The only contraindication to EC use is pregnancy itself, not because it represents a danger to the woman or to the embryo but because it would be inefficient in preventing the pregnancy. Pregnancy prevention, not abortion, is caused by the use of emergency contraceptive drugs.
The legislature deems it necessary to guarantee immediate access to EC to all, especially young women. Nearly thirty percent of United States teenage girls become pregnant before reaching twenty years of age. Teens are more likely than adults to experience contraceptive failure, which may lead to unintended pregnancies and consequently dangerous medical issues for both mother and baby.
The legislature deems it necessary to create a structure for simplifying access to EC for these women, while respecting and preserving the prescribing scope of practice for physicians, nurse practitioners, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07629-03-8
S. 3793--A 2
midwives; the treating and case-finding scope of practice of registered professional nurses; and the dispensing scope of practice of pharmacists. This act does not alter the scope of such professions, nor does this legislation interfere with non-prescription access to EC where it is otherwise lawful.
§ 3. Subdivision 6 of section 6527 of the education law, as added by chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws of 2005, paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f) as added by section 6 of part V of chapter 57 of the laws of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016, is amended to read as follows:
6. A licensed physician may prescribe and order a non-patient specific regimen [to a registered professional nurse], pursuant to regulations promulgated by the commissioner, and consistent with the public health law, [for] to:
(a) a registered professional nurse for:
(i) administering immunizations[.];
[(b)] (ii) the emergency treatment of anaphylaxis[.];
[(c)] (iii) administering purified protein derivative (PPD) tests or other tests to detect or screen for tuberculosis infections[.];
[(d)] (iv) administering tests to determine the presence of the human immunodeficiency virus[.];
[(e)] (v) administering tests to determine the presence of the hepatitis C virus[.];
[(f)] (vi) the urgent or emergency treatment of opioid related overdose or suspected opioid related overdose[.];
[(g)] (vii) screening of persons at increased risk of syphilis, gonorrhea and chlamydia[.];
(viii) emergency contraception, to be administered to or dispensed to be self-administered by the patient, under section sixty-eight hundred thirty-two of this title; or
(b) A licensed pharmacist, for dispensing emergency contraception, to be self-administered by the patient, under section sixty-eight hundred thirty-two of this title.
§ 4. 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 licensed pharmacist may dispense a non-patient specific regimen of emergency contraception, to be self-administered by the patient, prescribed or ordered by a licensed physician, certified nurse practitioner, or licensed midwife, under section sixty-eight hundred thirtytwo of this article.
§ 5. The education law is amended by adding a new section 6832 to read as follows:
§ 6832. Emergency contraception; non-patient specific prescription or order. 1. As used in this section, the following terms shall have the following meanings, unless the context requires otherwise:
(a) "Emergency contraception" means one or more prescription or nonprescription drugs, used separately or in combination, in a dosage and
S. 3793--A 3
manner for preventing pregnancy when used after intercourse, found safe and effective for that use by the United States food and drug administration, and dispensed or administered for that purpose.
(b) "Prescriber" means a licensed physician, certified nurse practitioner or licensed midwife.
2. This section applies to the administering or dispensing of emergency contraception by a registered professional nurse or licensed pharmacist pursuant to a prescription or order for a non-patient specific regimen made by a prescriber under section sixty-five hundred twentyseven, sixty-nine hundred nine or sixty-nine hundred fifty-one of this title. This section does not apply to administering or dispensing emergency contraception when lawfully done without such a prescription or order.
3. The administering or dispensing of emergency contraception by a registered professional nurse or licensed pharmacist shall be done in accordance with professional standards of practice and in accordance with written procedures and protocols agreed to by the registered professional nurse or licensed pharmacist and the prescriber or a hospital (licensed under article twenty-eight of the public health law) that provides gynecological or family planning services.
4. (a) When emergency contraception is administered or dispensed, the registered professional nurse or licensed pharmacist shall provide to the patient written material that includes: (i) the clinical considerations and recommendations for use of the drug; (ii) the appropriate method for using the drug; (iii) information on the importance of follow-up health care; (iv) information on the health risks and other dangers of unprotected intercourse; and (v) referral information relating to health care and services relating to sexual abuse and domestic violence.
(b) Such written material shall be developed or approved by the commissioner in consultation with the department of health and the American college of obstetricians and gynecologists.
§ 6. Subdivision 4 of section 6909 of the education law, as added by chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws of 2005, paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f) as added by section 5 of part V of chapter 57 of the laws of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016, is amended to read as follows:
4. A certified nurse practitioner may prescribe and order a non-patient specific regimen [to a registered professional nurse], pursuant to regulations promulgated by the commissioner, consistent with subdivision three of section six thousand nine hundred two of this article, and consistent with the public health law, [for] to:
(a) a registered professional nurse for:
(i) administering immunizations[.];
[(b)](ii) the emergency treatment of anaphylaxis[.];
[(c)](iii) administering purified protein derivative (PPD) tests or other tests to detect or screen for tuberculosis infections[.];
[(d)](iv) administering tests to determine the presence of the human immunodeficiency virus[.];
[(e)](v) administering tests to determine the presence of the hepatitis C virus[.];
[(f)](vi) the urgent or emergency treatment of opioid related overdose or suspected opioid related overdose[.];
S. 3793--A 4
[(g)](vii) screening of persons at increased risk for syphilis, gonorrhea and chlamydia[.];
(viii) emergency contraception, to be administered to or dispensed to be self-administered by the patient, under section sixty-eight hundred thirty-two of this title; or
(b) a licensed pharmacist, for dispensing emergency contraception, to be self-administered by the patient, under section sixty-eight hundred thirty-two of this title.
§ 7. 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.
§ 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 the public health law, to:
(a) a registered professional nurse for emergency contraception, to be administered to or dispensed to be self-administered by the patient, under section sixty-eight hundred thirty-two of this title; or
(b) a licensed pharmacist, for dispensing emergency contraception, to be self-administered by the patient, under section sixty-eight hundred thirty-two of this title.
§ 9. Section 3216 of the insurance law is amended by adding a new subsection (n) to read as follows:
(n) Any policy under this article that covers contraception when provided pursuant to a prescription shall cover emergency contraception as defined in paragraph (a) of subdivision one of section sixty-eight hundred thirty-two of the education law, when provided pursuant to an ordinary prescription or order under section sixty-eight hundred thirty-two of the education law and when lawfully provided other than through a prescription or order.
§ 10. Section 3221 of the insurance law is amended by adding a new subsection (t) to read as follows:
(t) Any policy under this article that covers contraception when provided pursuant to a prescription, shall cover emergency contraception as defined in paragraph (a) of subdivision one of section sixty-eight hundred thirty-two of the education law, when provided pursuant to an ordinary prescription or order under section sixty-eight hundred thirty-two of the education law and when lawfully provided other than through a prescription or order.
§ 11. Section 4304 of the insurance law is amended by adding a new subsection (n) to read as follows:
(n) Any policy under this article that covers contraception when provided pursuant to a prescription, shall cover emergency contraception as defined in paragraph (a) of subdivision one of section sixty-eight hundred thirty-two of the education law, when provided pursuant to an ordinary prescription or order under section sixty-eight hundred thirty-two of the education law and when lawfully provided other than through a prescription or order.
§ 12. Subdivision 1 of section 207 of the public health law is amended by adding a new paragraph (o) to read as follows:
(o) Emergency contraception, including information about its safety, efficacy, appropriate use and availability.
S. 3793--A 5
§ 13. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that sections nine, ten and eleven of this act shall apply to policies and contracts issued, renewed, modified, altered or amended on or after such effective date. 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 effective 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, the insurance law and the public health law, in relation to providing for dispensing emergency contracep- tion under certain conditions
Purpose or general idea of bill
This legislation will help to reduce the number of unintended pregnan- cies by increasing access to emergency contraception for women in New York State.
Summary of specific provisions
Section one provides that this act shall be cited as the "unintended pregnancy prevention act."
Read the full memo (1,828 words)
Section two describes legislative findings.
Section three amends subdivision six of section 6527 of the education law and provides that a licensed physician may prescribe and order a non-patient specific regimen to a registered professional nurse for emergency contraception, to be administered to or dispense to be self- administered by the patient. Section three also provides that a licensed physician stay prescribe and order a non-patient specific regimen to a licensed pharmacist, for dispensing emergency contraception, to be self- administered by the patient.
Section four amends subdivision three of section 6807 of the education law by adding licensed midwife to the list of practitioners who may prescribe or order a non-patient specific regimen which allows a pharma- cist to dispense drugs and devices to a registered professional nurse who may possess and administer such drugs and devices. Current law only allows a licensed physician or certified nurse practitioner to prescribe add order a non-patient specific regimen. A new subdivision four is also added to section 6807 of the education law and provides that a licensed pharmacist may dispense a non-patient specific regimen of emergency contraception, to be self-administered by the patient, which was prescribed or ordered by a licensed physician, certified nurse practi- tioner, or licensed midwife.
Section five amends the education law by adding a new section 6829 to the education law: emergency contraception; non-patient specific prescription or order. Subdivision one defines the terms "emergency contraception" and "prescriber." Subdivision two provides that section 6629 of the education law applies to the administering or dispensing of emergency contraception by a registered professional nurse or licensed pharmacist pursuant to a prescription or non-patient specific regimen made by prescribers as outlined in three sections of the education law. Subdivision three provides that the administering or dispensing of emer- gency contraception by a registered professional nurse or licensed phar- macist shall be done in accordance with professional standards of prac- tice and in accordance with written procedures and protocols.
Subdivision four outlines the contents of written material that must be provided to the patient. Such written material shall be developed or approved by the commissioner in consultation with the Department Of Health (DOH) and the American College of Obstetricians and Gynecologists (AC00).
Section six amends paragraphs (a) and (b) of subdivision four of section 6909 of the education law. Paragraph (a) provides that emergency contra- ception is added to the list for which a certified nurse practitioner may already prescribe and order a non-patient specific regimen to a registered professional nurse. Paragraph (b) provides that, in addition to a registered professional nurse; a certified nurse practitioner may also prescribe or order a non-patient specific regimen to a licensed pharmacist, for dispensing emergency contraception.
Section seven amends subdivision five of section 6909 of the education law by adding a licensed midwife to those practitioners who may already prescribe and order a non-patient specific regimen to a registered professional nurse.
Section eight amends section 6951 of the education law by adding a new subdivision four which provides that a licensed midwife may prescribe and order a non-patient specific regimen to: a registered professional nurse for emergency contraception to be administered to or dispensed to be self-administered by the patient and; a licensed pharmacist for dispensing-emergency contraception; to be self-administered by the patient.
Sections nine, ten, and eleven amend three sections of the insurance law to mandate that under these articles any insurance policy that covers emergency contraception shall also cover emergency contraception when provided by a non-patient-specific prescription.
Section twelve adds a new paragraph (o) to subdivision one of section 2.07 of the public health law to broaden the education and outreach program to include information on emergency contraception and its safe- ty, efficacy, appropriate use and availability.
Section thirteen provides that this act shall take effect on the 180th day after it shall have become 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.
Justification
EC is Safe: In February of 1997, the Food and Drug Administration (FDA) announced that certain combinations of estrogen and progestin were safe and effective for use as post-coital emergency contraception. Adminis- tered in pill form, EC is a higher dosage of standard birth control pills that serve to prevent pregnancy after unprotected intercourse, including when birth control fails or in cases of sexual assault. EC can reduce the risk of pregnancy from 75% to 89% if the first dose is taken within 72 hours of unprotected intercourse. EC is almost seven times more effective if taken within the first 24 hours of unprotected, inter-Course. EC will not cause an abortion; it is not the same as RU-486 (also known as Mifepristone or the medical abortion Pill) 1999, the FDA prescription use plan B (Which is Levonorgestrel, a form of progesterone) is currently the only brand of emergency contraception packaged for that use. In 2007, Plan B was approved by the FDA for over the counter Sale for individuals of seventeen years of age or older. In 2013 the age restriction was lifted and women of all age scan now purchase Plan B without prescription. Nevertheless, young,women in New York State are still facing some barriers to access EC, as the prescription mandate for women younger than seventeen years of age is still in effect for other brands of EC. This bill would allow New York State pharmacists and registered professional nurses to dispense EC from a non-patient specific order, written by either a licensed physician, certified nurse practitioner or licensed midwife, bypassing the frequent difficulties encountered in obtaining medical appointments at offices with limited hour, long waits, or inconvenient locations. By accessing EC in this manner, young women will have the opportunity to ask ques- tions and have them answered by a healthcare professional who will also provide a fact sheet and a verbal explanation about EC. Currently, a pharmacist may refuse to dispense any medication if he or she reasonably feels that it would endanger someone. This same discretion would apply to EC.
EC Will Significantly Lower the Number of Abortions: In New York State, there were 120,349 induced abortions in 2002, of which 9,155 were performed on girls ages seventeen and under, according to the New York State Department of Health (NYSDOH). Medical experts, including the American College of Obstetricians and Gynecologists (ACOG), believe that increased access to EC will reduce the number of abortions in New York by at least one half. Increased access to EC will not only, reduce the number of abortions young women have, but reduce the, cost and health risks associated with pregnancy, childbirth and abortion. A commonsense, risk-benefit analysis indicates that increased access to EC will enable young women to pursue a better, healthier future by preventing an unin- tended pregnancy in a safe and timely fashion.
EC Will Positively Impact the Lives of Young Women: Victims of sexual assault are most often younger women and adolescents. According to Tjaden and Thoennes, researchers from the National Institute of Justice, "Rape is primarily a crime against youth." A study conducted by National Violence Against Women reported 5495 of rape victims were between the ages of 12 and 17. Similarly, the National Women's Study found that 62% of sexual assault victims were under seventeen years of age. Every two years, Youth Risk Behavior Survey (YRBS) conducts a study of high school students in grades nine through twelve throughout the entire country. In 1997 and in 1999, a question was added to the Massachusetts survey regarding teen violence. One in five girls reported being sexually or physically abused by a dating partner and of those females, one in ten was sexually abused. The statistics support the fact that there is a tremendous need for prevention of unintended pregnancies in very young women. A misconception about EC is that by giving women, especially Young women, access to EC the rate of sexually transmitted infections (STIs) will increase and it will lead to more risky sexual behavior.
However, a study providing EC to 2,117 young women ages 15 to 24, reported in the January 5, 2005 issue of the Journal, of the American Medical Association (JAMA), concludes that giving young women access to BC does not negate the ability of women to act responsibly. The study confirmed that EC does not increase promiscuity or unprotected sex among women, nor does it cause women to abandon their regular birth control methods. Moreover, other methods of birth control such as condoms and VI Spermicides may already.be purchased over the counter in pharmacies, grocery stores, or convenience stores.
EC Will Be Covered by Insurance: This legislation provides that if an insurance policy covers contraception when it is provided pursuant to a Prescription, that same policy shall cover emergency contraception.
Education and Outreach Programs are Effective: In 1998, Washington State began to conduct public relations and promotional activities to increase public awareness of emergency contraception and of the national emergen- cy contraception hotline (1-888-NOT-2-LATE). Calls from Washington State to the hotline increased tenfold, an average of 1,160 per month, after the campaign was launched, indicating; that outreach programs are effec- tive. This legislation adds emergency contraception to the list of health related issues for which the Commissioner of Health shall conduct education and outreach programs. Making the public aware of the safety, efficacy, appropriate use, and availability of EC is important to the health and safety of women in New York.
Conclusion: EC is designed to be just that: emergency contraception, to be used when other methods of contraception fail or in cases of rape, incest, or human error. Many pregnancies, births and abortions are far more dangerous to a woman's health, especially a young woman's health, than EC. By allowing women the chance to prevent an unintended pregnan- cy, the abortion rate will drop, healthcare costs will decrease and young Women will not have to start their adult lives with the difficult decision of whether to have a baby (often as a single mother), have an abortion, or give a baby up for adoption. By allowing young women access to EC, they will have the opportunity to have a healthier and more promising future.
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.