N.Y. Public Health Law § 2805-p: Emergency treatment of rape survivors

§ 2805-p. Emergency treatment of rape survivors. 1. As used in this

section:

(a) "Emergency contraception" shall mean one or more prescription

drugs used separately or in combination to be administered or

self-administered by a patient to prevent pregnancy within a medically

recommended amount of time after sexual intercourse and dispensed for

that purpose in accordance with professional standards of practice and

determined by the United States Food and Drug Administration to be safe.

(b) "Emergency treatment" shall mean any medical examination or

treatment provided by a hospital to a rape survivor following an alleged

rape.

(c) "Rape" shall mean any act defined in section 130.25, 130.30 or

130.35 of the penal law.

(d) "Rape survivor" or "survivor" shall mean any person who alleges or

is alleged to have been raped and who presents as a patient.

2. Every hospital providing emergency treatment to a rape survivor

shall promptly:

(a) provide such survivor with written information prepared or

approved, pursuant to subdivision three of this section, relating to

emergency contraception;

(b) orally inform such survivor of the availability of emergency

contraception, its use and efficacy; and

(c) provide emergency contraception to such survivor, unless

contraindicated, upon such survivor's request. No hospital may be

required to provide emergency contraception to a rape survivor who is

pregnant.

3. The commissioner shall develop, prepare and produce informational

materials relating to emergency contraception for distribution to and

use in all hospitals in the state, in quantities sufficient to comply

with the requirements of this section. The commissioner may also approve

informational materials from medically recognized sources for the

purposes of this section. Such informational material shall be in clear

and concise language, readily comprehensible, in such varieties and

forms as the commissioner shall deem necessary to inform survivors in

English and languages other than English. Such materials shall explain

the nature of emergency contraception including its use and efficacy.

4. The commissioner shall promulgate all such rules and regulations as

may be necessary and proper to implement the provisions of this section.