S892-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Apr 12, 2011: REPORTED AND COMMITTED TO INSURANCE
• Mar 18, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO HIGHER EDUCATION

S892-2011 Votes

S892-2011 Memo

BILL NUMBER:S892

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 contraception under
certain conditions

PURPOSE OR GENERAL IDEA OF BILL:
This legislation will help to reduce the number of unintended
pregnancies 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."

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 may 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
pharmacist 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 and 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 practitioner, or licensed midwife.

Section five amends the education law by adding a new section 6829:
emergency contraception; non-patient specific prescription or order.
Subdivision one defines the terms "emergency contraception" and
"prescriber." Subdivision two provides that section 6829 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 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. 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 (ACOO).

Section six amends paragraphs (a) and (b) of subdivision four of
section 6909 of the education law. Paragraph (a) provides that
emergency contraception 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 (g) to subdivision one of section
207 of the public health law to broaden the education and outreach
program to include information on emergency contraception and its
safety, 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 postcoital emergency contraception
(Be). Administered 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 intercourse. EC will not cause an abortion; it is not
the same as RU-486 (also known as Mifepristone or the medical
abortion pill). In 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 if a person is eighteen years or
older. However, young women in New York State currently face barriers
to accessing EC, as current law requires that a traditionally
licensed source, such as a physician, prescribe 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 hours, long waits, or
inconvenient locations. By accessing EC in this manner, young women
will have the opportunity to ask questions 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 unintended
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 54% 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 (YRES) 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 EC 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 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 emergency contraception hotline (1-888-NOT-2-LATE). Calls
from Washington State to the hotline increased ten-fold, an average
of 1,160 per month, after the campaign was launched, indicating that
outreach programs are effective. 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 pregnancy, 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.

LEGISLATIVE HISTORY:
2009-2010: S.1410-A (Schneiderman) A.627-A (Paulin)
2008 - Referred to Higher Education
2007 - Referred to Higher Education

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.

S892-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     892

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen. KRUEGER -- 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:


    Section  1.  Short  title. This act shall be known and may be cited as
  the "unintended pregnancy prevention act".
    S 2. Legislative findings. The United States Food  and  Drug  Adminis-
  tration  (FDA) has declared emergency contraceptive pills to be safe and
  effective in preventing pregnancy when used within 72 hours after unpro-
  tected intercourse. The American College of Obstetricians and  Gynecolo-
  gists  and  the  American College of Nurse-Midwives state that emergency
  contraception (EC) is so safe, and using it  quickly  is  so  important,
  that  it  should  be available over the counter, without a prescription.
  They also emphasize the need for unimpeded access to EC for all women of
  reproductive age. However, although there  are  no  medical  reasons  to
  limit provision of EC, the FDA only approved non-prescription access for
  women 18 years and older. Additionally, the FDA imposed requirements for
  proving  the  patient's  identity  with government-issued identification
  documents. The need remains, however, to provide  access  to  women  who
  have  difficulty  obtaining the required identification documents and to
  women under the age of 17 years. Minors in New York State have long been
  legally entitled to full access, without parental consent, to all repro-
  ductive health care and services, including EC. Providing direct  access
  to  EC  for  younger  women will also make it more likely that they will
  receive appropriate  and  timely  professional  attention,  support  and
  assistance.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00900-01-1

 S. 892                              2

    The legislature deems it necessary to create a structure for simplify-
  ing  access  to  EC for these women, while respecting and preserving the
  prescribing scopes of practice of physicians, nurse  practitioners,  and
  midwives,  the treating and case-finding scope of practice of registered
  professional  nurses,  and  the  dispensing scope of practice of pharma-
  cists. This act does not alter the scopes of such professions, nor  does
  this  legislation  interfere with non-prescription access to EC where it
  is otherwise lawful.
    The legislature also finds  that  this  legislation  is  necessary  to
  ensure  that  women do not lose insurance coverage for EC solely because
  it has become available without a prescription. Losing coverage would be
  a major obstacle to access, which would undermine the  important  health
  objectives of the FDA and the legislature.
    S  3.  Subdivision 6 of section 6527 of the education law, as added by
  chapter 573 of the laws of 1999, paragraph (c) as added by  chapter  221
  of  the  laws  of  2002 and paragraph (d) as added by chapter 429 of the
  laws of 2005, 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[.];
    [(d)] (IV) administering tests to determine the presence of the  human
  immunodeficiency virus[.];
    (V)  EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
  SELF-ADMINISTERED BY THE  PATIENT,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
  TWENTY-NINE OF THIS TITLE; OR
    (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
  BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
  TWENTY-NINE OF THIS TITLE.
    S  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 profes-
  sional nurse, and a registered professional nurse may possess and admin-
  ister,  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 PRACTI-
  TIONER,  OR  LICENSED  MIDWIFE,  UNDER   SECTION   SIXTY-EIGHT   HUNDRED
  TWENTY-NINE OF THIS ARTICLE.
    S 5. The education law is amended by adding a new section 6829 to read
  as follows:

    S  6829. 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
  NON-PRESCRIPTION DRUGS, USED SEPARATELY OR IN COMBINATION, IN  A  DOSAGE
  AND  MANNER  FOR PREVENTING PREGNANCY WHEN USED AFTER INTERCOURSE, FOUND

 S. 892                              3

  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 PRACTI-
  TIONER OR LICENSED MIDWIFE.
    2. THIS SECTION APPLIES TO THE ADMINISTERING OR DISPENSING OF EMERGEN-
  CY CONTRACEPTION BY A REGISTERED PROFESSIONAL NURSE OR LICENSED  PHARMA-
  CIST  PURSUANT  TO  A  PRESCRIPTION  OR ORDER FOR A NON-PATIENT SPECIFIC
  REGIMEN  MADE  BY  A  PRESCRIBER  UNDER   SECTION   SIXTY-FIVE   HUNDRED
  TWENTY-SEVEN, 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 HOSPI-
  TAL  (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  CONSIDER-
  ATIONS  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  RELAT-
  ING  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 AMER-
  ICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS.
    S  6.  Subdivision 4 of section 6909 of the education law, as added by
  chapter 573 of the laws of 1999, paragraph (a) as amended and  paragraph
  (c)  as  added  by  chapter 221 of the laws of 2002 and paragraph (d) as
  added by chapter 429 of the laws of 2005, is amended to read as follows:

    4. A certified nurse practitioner may prescribe and  order  a  non-pa-
  tient specific regimen [to a registered professional nurse], pursuant to
  regulations promulgated by the commissioner, consistent with subdivision
  three  of  section  [six  thousand  nine] SIXTY-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[.];
    [(d)] (IV) administering tests to determine the presence of the  human
  immunodeficiency virus[.];
    (V)  EMERGENCY CONTRACEPTION, TO BE ADMINISTERED TO OR DISPENSED TO BE
  SELF-ADMINISTERED BY THE  PATIENT,  UNDER  SECTION  SIXTY-EIGHT  HUNDRED
  TWENTY-NINE OF THIS TITLE; OR
    (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
  BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
  TWENTY-NINE OF THIS TITLE.
    S  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,

 S. 892                              4

  or  certified nurse practitioner, pursuant to regulations promulgated by
  the commissioner.
    S  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  OF 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 TWENTY-NINE OF THIS TITLE; OR
    (B)  A LICENSED PHARMACIST, FOR DISPENSING EMERGENCY CONTRACEPTION, TO
  BE SELF-ADMINISTERED BY THE PATIENT, UNDER SECTION  SIXTY-EIGHT  HUNDRED
  TWENTY-NINE OF THIS TITLE.
    S  9.  Section  3216  of  the insurance law is amended by adding a new
  subsection (m) to read as follows:

    (M) 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  TWENTY-NINE  OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  TWEN-
  TY-NINE  OF  THE  EDUCATION  LAW  AND  WHEN LAWFULLY PROVIDED OTHER THAN
  THROUGH A PRESCRIPTION OR ORDER.
    S 10. Section 3221 of the insurance law is amended  by  adding  a  new
  subsection (s) to read as follows:

    (S)  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  TWENTY-NINE  OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  TWEN-
  TY-NINE  OF  THE  EDUCATION  LAW  AND  WHEN LAWFULLY PROVIDED OTHER THAN
  THROUGH A PRESCRIPTION OR ORDER.
    S 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  TWENTY-NINE  OF THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN
  ORDINARY PRESCRIPTION OR ORDER UNDER SECTION SIXTY-EIGHT  HUNDRED  TWEN-
  TY-NINE  OF  THE  EDUCATION  LAW  AND  WHEN LAWFULLY PROVIDED OTHER THAN
  THROUGH A PRESCRIPTION OR ORDER.
    S 12. Subdivision 1 of section 207 of the public health law is amended
  by adding a new paragraph (i) to read as follows:

    (I) EMERGENCY CONTRACEPTION, INCLUDING INFORMATION ABOUT  ITS  SAFETY,
  EFFICACY, APPROPRIATE USE AND AVAILABILITY.
    S  13.  This  act  shall  take effect on the one hundred eightieth day
  after it shall have become a law; and sections nine, ten and  eleven  of
  this  act  shall  apply to policies and contracts issued, renewed, modi-
  fied, altered or amended on  or after such effective date.  The  commis-
  sioner  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.