2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
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 female 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  her  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.

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