Bill Text: NY A01172 | 2025-2026 | General Assembly | Introduced

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Bill Title: Authorizes the dispensing of abortion medication under certain conditions; requires insurance policies providing coverage for contraception to provide coverage for abortion medication.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced) 2025-01-09 - referred to higher education [A01172 Detail]

Download: New_York-2025-A01172-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1172

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2025
                                       ___________

        Introduced  by M. of A. PAULIN, SEAWRIGHT, GLICK, GONZALEZ-ROJAS, SIMON,
          LEVENBERG, SHRESTHA, SHIMSKY, SIMONE, EPSTEIN, BURDICK, TAPIA,  BORES,
          REYES, CLARK, ROSENTHAL, RAGA, STERN, SAYEGH, FORREST -- read once and
          referred to the Committee on Higher Education

        AN  ACT to amend the public health law, the education law and the insur-
          ance law, in relation to the dispensing of abortion medication

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  267-c to read as follows:
     3    § 267-c. Abortion medication. The commissioner is authorized to estab-
     4  lish a non-patient specific order, consistent with sections  sixty-eight
     5  hundred  one  and  sixty-nine  hundred  two  of  the  education law, for
     6  dispensing abortion medication as defined in section sixty-eight hundred
     7  two of the education law.
     8    § 2. Section 6527 of the education law is  amended  by  adding  a  new
     9  subdivision 12 to read as follows:
    10    12. A licensed physician may prescribe and order a non-patient specif-
    11  ic  order  to a registered professional nurse or pharmacist licensed and
    12  located in this  state,  pursuant  to  regulations  promulgated  by  the
    13  commissioner,  and  consistent  with  section sixty-eight hundred one of
    14  this title, for dispensing abortion medication  as  defined  in  section
    15  sixty-eight hundred two of this title.
    16    §  3.  Section  6802  of  the education law is amended by adding a new
    17  subdivision 31 to read as follows:
    18    31. "Abortion medication" means any medication approved by the federal
    19  Food and Drug Administration for the purposes of  inducing  abortion  or
    20  expelling a miscarriage.
    21    §  4.  Section  6801  of  the education law is amended by adding a new
    22  subdivision 10 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02820-01-5
        A. 1172                             2

     1    10. (a) A licensed pharmacist may execute a non-patient specific order
     2  for the dispensing of abortion medication prescribed or ordered  by  the
     3  commissioner of health, a licensed midwife, a physician licensed in this
     4  state, or a nurse practitioner certified in this state pursuant to rules
     5  and regulations promulgated by the commissioner.
     6    (b)  Prior to dispensing abortion medication to a patient, the pharma-
     7  cist shall:
     8    (i) provide the patient with a self-screening  risk  assessment  ques-
     9  tionnaire,  developed by the commissioner of health in consultation with
    10  the commissioner, to be reviewed by the pharmacist to identify any known
    11  risk factors; and
    12    (ii) provide the patient with a fact sheet, developed by  the  commis-
    13  sioner  of  health  that  includes  but  is not limited to, the clinical
    14  considerations and recommendations for use of abortion  medication,  the
    15  appropriate  method  for  using  abortion medication, information on the
    16  importance of follow-up health care, health care  referral  information,
    17  and  the  ability  of  the  patient to opt out of practitioner reporting
    18  requirements.
    19    (c) No pharmacist shall dispense abortion medication under this subdi-
    20  vision without receiving training satisfactory to the commissioner.
    21    (d) A pharmacist shall notify the patient's primary health care  prac-
    22  titioner,  unless  the  patient  opts  out  of such notification, within
    23  seventy-two hours of dispensing abortion medication, that  such  medica-
    24  tion  has  been dispensed. If the patient does not have a primary health
    25  care practitioner or is unable to provide contact information for  their
    26  primary  health  care  practitioner,  the  pharmacist  shall provide the
    27  patient with a written record of the abortion medication dispensed,  and
    28  advise the patient to consult an appropriate health care practitioner.
    29    (e) Nothing in this subdivision shall prevent a pharmacist from refus-
    30  ing  to  dispense  a  non-patient  specific order of abortion medication
    31  pursuant to this subdivision if, in their professional judgment,  poten-
    32  tial  adverse  effects,  interactions or other therapeutic complications
    33  could endanger the health of the patient.
    34    § 5. Section 6902 of the education law is  amended  by  adding  a  new
    35  subdivision 4 to read as follows:
    36    4.  (a)  A  registered  professional  nurse  may execute a non-patient
    37  specific order for the dispensing of abortion medication, as defined  in
    38  section  sixty-eight hundred two of this title, prescribed or ordered by
    39  the commissioner of health, a licensed midwife, a physician licensed  in
    40  this  state, or a nurse practitioner certified in this state pursuant to
    41  rules and regulations promulgated by the commissioner.
    42    (b) Prior to dispensing abortion medication to a patient, a registered
    43  professional nurse shall:
    44    (i) provide the patient with a self-screening  risk  assessment  ques-
    45  tionnaire,  developed by the commissioner of health in consultation with
    46  the commissioner, to be reviewed by the registered professional nurse to
    47  identify any known risk factors; and
    48    (ii) provide the patient with a fact sheet, developed by  the  commis-
    49  sioner  of  health  that  includes  but  is not limited to, the clinical
    50  considerations and recommendations for use of abortion  medication,  the
    51  appropriate  method  for  using  abortion medication, information on the
    52  importance of follow-up health care, health care  referral  information,
    53  and  the  ability  of  the  patient to opt out of practitioner reporting
    54  requirements.
        A. 1172                             3

     1    (c) No registered professional nurse shall dispense  abortion  medica-
     2  tion  under  this subdivision without receiving training satisfactory to
     3  the commissioner.
     4    (d) A registered professional nurse shall notify the patient's primary
     5  health  care practitioner, unless the patient opts out of such notifica-
     6  tion, within seventy-two hours of dispensing abortion  medication,  that
     7  such  medication  has  been  dispensed.  If  the patient does not have a
     8  primary health care practitioner or is unable to provide contact  infor-
     9  mation  for  their  primary  health  care  practitioner,  the registered
    10  professional nurse shall provide the patient with a  written  record  of
    11  the  abortion medication dispensed, and advise the patient to consult an
    12  appropriate health care practitioner.
    13    (e) Nothing in this subdivision shall  prevent  a  registered  profes-
    14  sional  nurse  from refusing to dispense a non-patient specific order of
    15  abortion medication pursuant to this subdivision if,  in  their  profes-
    16  sional judgment, potential adverse effects, interactions or other thera-
    17  peutic complications could endanger the health of the patient.
    18    §  6.  Section  6909  of  the education law is amended by adding a new
    19  subdivision 12 to read as follows:
    20    12. A certified nurse practitioner may prescribe and order  a  non-pa-
    21  tient  specific  order  to a registered professional nurse or pharmacist
    22  licensed and located in this state, pursuant to regulations  promulgated
    23  by  the  commissioner,  and consistent with sections sixty-eight hundred
    24  one and sixty-nine hundred two of this title,  for  dispensing  abortion
    25  medication as defined in section sixty-eight hundred two of this title.
    26    §  7.  Section  6951  of  the education law is amended by adding a new
    27  subdivision 4 to read as follows:
    28    4. A licensed midwife may prescribe and order a  non-patient  specific
    29  order  to  a  registered  professional  nurse or pharmacist licensed and
    30  located in this  state,  pursuant  to  regulations  promulgated  by  the
    31  commissioner  and  consistent  with  section sixty-eight hundred one and
    32  section sixty-nine hundred two of this title,  for  dispensing  abortion
    33  medication as defined in section sixty-eight hundred two of this title.
    34    §  8.  Section  3216  of  the insurance law is amended by adding a new
    35  subsection (n) to read as follows:
    36    (n) Any policy under  this  article  that  covers  contraception  when
    37  provided  pursuant  to a prescription shall cover abortion medication as
    38  defined in subdivision thirty-one of section sixty-eight hundred two  of
    39  the education law, when provided pursuant to an ordinary prescription or
    40  order under section sixty-eight hundred one or sixty-nine hundred two of
    41  the  education  law  and  when  lawfully  provided  other than through a
    42  prescription or order.
    43    § 9. Section 3221 of the insurance law is  amended  by  adding  a  new
    44  subsection (v) to read as follows:
    45    (v)  Any  policy  under  this  article  that covers contraception when
    46  provided pursuant to a prescription, shall cover abortion medication  as
    47  defined  in subdivision thirty-one of section sixty-eight hundred two of
    48  the education law, when provided pursuant to an ordinary prescription or
    49  order under section sixty-eight hundred one or sixty-nine hundred two of
    50  the education law and  when  lawfully  provided  other  than  through  a
    51  prescription or order.
    52    §  10.  Section  4303  of the insurance law is amended by adding a new
    53  subsection (xx) to read as follows:
    54    (xx) Any policy under this  article  that  covers  contraception  when
    55  provided  pursuant to a prescription, shall cover abortion medication as
    56  defined in subdivision thirty-one of section sixty-eight hundred two  of
        A. 1172                             4

     1  the education law, when provided pursuant to an ordinary prescription or
     2  order under section sixty-eight hundred one or sixty-nine hundred two of
     3  the  education  law  and  when  lawfully  provided  other than through a
     4  prescription or order.
     5    §  11.  This act shall take effect eighteen months after it shall have
     6  become a law; provided, however, that sections eight, nine  and  ten  of
     7  this  act  shall  apply to policies and contracts issued, renewed, modi-
     8  fied, altered or amended on or after such  effective  date.    Effective
     9  immediately,  the addition, amendment and/or repeal of any rule or regu-
    10  lation necessary for the implementation of this  act  on  its  effective
    11  date are authorized to be made and completed on or before such effective
    12  date.