Bill Text: NY A01395 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 1395 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Provides access to medication abortion prescription drugs at SUNY and CUNY campuses by employing or contracting with individuals authorized to prescribe such drugs, or by providing referrals.

Spectrum: Partisan Bill (Democrat 35-0)

Status: (Passed) 2023-05-02 - signed chap.129 [A01395 Detail]

Download: New_York-2023-A01395-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          1395

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of A. EPSTEIN, DINOWITZ, JACOBSON, GONZALEZ-ROJAS --
          read once and referred to the Committee on Higher Education

        AN ACT to amend the education law, the state finance  law  and  the  tax
          law,  in  relation  to  requiring  the state university of New York to
          provide abortion by medication techniques at all  public  universities
          within the state

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

     1    Section 1. Article 5 of title 1 of the education  law  is  amended  by
     2  adding a new part 2-A to read as follows:
     3                                  PART 2-A
     4                         MEDICAL AND HEALTH SERVICES
     5  Section 288. Access to abortion by medication techniques.
     6    § 288. Access to abortion by medication techniques. 1. For purposes of
     7  this section, the following terms shall have the following meanings:
     8    a.  "Student  health  center"  shall  mean  a clinic providing primary
     9  health care services to students.
    10    b. "Abortion by medication" shall mean the process of using medication
    11  to terminate a pregnancy.
    12    c. "Public college" or "public university" shall mean any  college  or
    13  university within the state university of New York system.
    14    2.  Each  public college student health center shall make available to
    15  all students abortion by  medication  techniques  onsite.  This  service
    16  shall  be  provided  by  medical  professionals on staff at such student
    17  health centers or by a third party who has contracted with a  university
    18  to provide such medical services.
    19    3.  Within  two  years  of  the effective date of this section, and by
    20  December thirty-first of each year thereafter,  the  chancellor  of  the
    21  state university of New York (SUNY) shall submit a report to the commis-
    22  sioner,  the  governor,  the  speaker  of the assembly and the temporary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04340-01-3
        A. 1395                             2

     1  president of the senate that  includes,  but  is  not  limited  to,  the
     2  following:
     3    a.  the  total  number  of  public college student health centers that
     4  provide abortion by medication techniques;
     5    b. the number of  abortions  by  medication  techniques  performed  at
     6  public  college  student  health  centers,  disaggregated, to the extent
     7  possible, by student health center; and
     8    c. the total amount of funds received and provided to  student  health
     9  centers  at public colleges or universities in the previous year used or
    10  to be used in making abortion by medication techniques available, disag-
    11  gregated by student health center, to the extent possible.
    12    § 2. The state finance law is amended by adding a new section 99-qq to
    13  read as follows:
    14    § 99-qq. Public college student health center abortion  by  medication
    15  fund.  1.  There is hereby established in the joint custody of the comp-
    16  troller, the commissioner of health and  the  chancellor  of  the  state
    17  university  of New York (SUNY) a special fund to be known as the "public
    18  college student health center abortion by medication fund".
    19    2. a. Such fund shall consist of all revenues received pursuant to the
    20  provisions of section six hundred thirty-1 of the tax law, and all other
    21  moneys appropriated, credited, or transferred  thereto  from  any  other
    22  fund  or source pursuant to law.  Nothing contained herein shall prevent
    23  the state from receiving grants, gifts or bequests for the  purposes  of
    24  the  fund  as  defined in this section and depositing them into the fund
    25  according to law.
    26    b. Notwithstanding any other provisions of law to the  contrary,  such
    27  fund  shall  be  authorized  to  receive  moneys from nonstate entities,
    28  including, but not limited to, private sector  entities  and  local  and
    29  federal government agencies, specifically to support such fund.
    30    3.  Monies within the public college student health center abortion by
    31  medication fund shall be made available to the  commissioner  of  health
    32  for payment of any and all costs and expenditures incurred in performing
    33  any  of  the  work  required in making abortion by medication techniques
    34  available at public college student health centers within the state.
    35    4. Services performed by public college student health centers  avail-
    36  able for moneys from this fund shall include, but not be limited to:
    37    a.  purchase of equipment used in the provision of abortion by medica-
    38  tion techniques;
    39    b. facility and security upgrades;
    40    c. costs  associated  with  enabling  public  college  student  health
    41  centers to deliver telehealth services;
    42    d. costs associated with staff training;
    43    e.  telephone support services for students who have obtained abortion
    44  by medication techniques;
    45    f. billing specialist consultations; and
    46    g. collecting, compiling and analyzing information from public college
    47  student health centers to meet the reporting  requirements  pursuant  to
    48  subdivision  three  of section two hundred eighty-eight of the education
    49  law.
    50    5. Monies shall be payable from the fund on the audit and  warrant  of
    51  the  comptroller  on vouchers approved and certified by the commissioner
    52  of health.
    53    6. Amounts expended for public college student health centers pursuant
    54  to this section shall not affect the  amount  that  would  otherwise  be
    55  appropriated  for  public college student health centers under any other
    56  provision of law.
        A. 1395                             3

     1    § 3. The tax law is amended by adding a new section 630-1 to  read  as
     2  follows:
     3    § 630-1. Gift  for abortion by medication techniques in public college
     4  student health centers. Effective for any  tax  year  commencing  on  or
     5  after  January  first,  two  thousand  twenty-four, an individual in any
     6  taxable year may elect to  contribute  to  the  public  college  student
     7  health center abortion by medication fund. Such contribution shall be in
     8  any  whole  dollar  amount  and shall not reduce the amount of state tax
     9  owed by such individual. The commissioner shall  include  space  on  the
    10  personal  income  tax  return to enable a taxpayer to make such contrib-
    11  ution. The commissioner shall  also  ensure  that  a  description  of  a
    12  student  health  center  and the abortion by medication techniques being
    13  offered by such health centers are included within the tax form prepara-
    14  tion instruction booklet. Notwithstanding any other provision of law all
    15  revenues collected pursuant to this section shall  be  credited  to  the
    16  public  college  student  health  center abortion by medication fund and
    17  used only for those purposes enumerated in section ninety-nine-qq of the
    18  state finance law.
    19    § 4. This act shall take effect immediately.