§ 2805-p. Emergency treatment of rape survivors. 1. As used in this\nsection:\n (a) "Emergency contraception" shall mean one or more prescription\ndrugs used separately or in combination to be administered or\nself-administered by a patient to prevent pregnancy within a medically\nrecommended amount of time after sexual intercourse and dispensed for\nthat purpose in accordance with professional standards of practice and\ndetermined by the United States Food and Drug Administration to be safe.\n (b) "Emergency treatment" shall mean any medical examination or\ntreatment provided by a hospital to a rape survivor following an alleged\nrape.\n (c) "Rape" shall mean any act defined in section 130.25, 130.30 or\n130.35 of the penal law.\n (d) "Rape survivor" or "survivor" shall mean any person who alleges or\nis alleged to have been raped and who presents as a patient.\n 2. Every hospital providing emergency treatment to a rape survivor\nshall promptly:\n (a) provide such survivor with written information prepared or\napproved, pursuant to subdivision three of this section, relating to\nemergency contraception;\n (b) orally inform such survivor of the availability of emergency\ncontraception, its use and efficacy; and\n (c) provide emergency contraception to such survivor, unless\ncontraindicated, upon such survivor's request. No hospital may be\nrequired to provide emergency contraception to a rape survivor who is\npregnant.\n 3. The commissioner shall develop, prepare and produce informational\nmaterials relating to emergency contraception for distribution to and\nuse in all hospitals in the state, in quantities sufficient to comply\nwith the requirements of this section. The commissioner may also approve\ninformational materials from medically recognized sources for the\npurposes of this section. Such informational material shall be in clear\nand concise language, readily comprehensible, in such varieties and\nforms as the commissioner shall deem necessary to inform survivors in\nEnglish and languages other than English. Such materials shall explain\nthe nature of emergency contraception including its use and efficacy.\n 4. The commissioner shall promulgate all such rules and regulations as\nmay be necessary and proper to implement the provisions of this section.\n
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