STATE OF NEW YORK ________________________________________________________________________ 6835 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. PAULIN, SEAWRIGHT, GLICK, GONZALEZ-ROJAS, SIMON, THIELE, AUBRY, LEVENBERG, SHRESTHA, ARDILA -- 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-a to read as follows: 3 § 267-a. 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 11 to read as follows: 10 11. 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 29 to read as follows: 18 29. "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 9 to read as follows: 23 9. (a) A licensed pharmacist may execute a non-patient specific order 24 for the dispensing of abortion medication prescribed or ordered by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06982-03-3
A. 6835 2 1 commissioner of health, a licensed midwife, a physician licensed in this 2 state, or a nurse practitioner certified in this state pursuant to rules 3 and regulations promulgated by the commissioner. 4 (b) Prior to dispensing abortion medication to a patient, the pharma- 5 cist shall: 6 (i) provide the patient with a self-screening risk assessment ques- 7 tionnaire, developed by the commissioner of health in consultation with 8 the commissioner, to be reviewed by the pharmacist to identify any known 9 risk factors; and 10 (ii) provide the patient with a fact sheet, developed by the commis- 11 sioner of health that includes but is not limited to, the clinical 12 considerations and recommendations for use of abortion medication, the 13 appropriate method for using abortion medication, information on the 14 importance of follow-up health care, health care referral information, 15 and the ability of the patient to opt out of practitioner reporting 16 requirements. 17 (c) No pharmacist shall dispense abortion medication under this subdi- 18 vision without receiving training satisfactory to the commissioner. 19 (d) A pharmacist shall notify the patient's primary health care prac- 20 titioner, unless the patient opts out of such notification, within 21 seventy-two hours of dispensing abortion medication, that such medica- 22 tion has been dispensed. If the patient does not have a primary health 23 care practitioner or is unable to provide contact information for their 24 primary health care practitioner, the pharmacist shall provide the 25 patient with a written record of the abortion medication dispensed, and 26 advise the patient to consult an appropriate health care practitioner. 27 (e) Nothing in this subdivision shall prevent a pharmacist from refus- 28 ing to dispense a non-patient specific order of abortion medication 29 pursuant to this subdivision if, in their professional judgment, poten- 30 tial adverse effects, interactions or other therapeutic complications 31 could endanger the health of the patient. 32 § 5. Section 6902 of the education law is amended by adding a new 33 subdivision 4 to read as follows: 34 4. (a) A registered professional nurse may execute a non-patient 35 specific order for the dispensing of abortion medication, as defined in 36 section sixty-eight hundred two of this title, prescribed or ordered by 37 the commissioner of health, a licensed midwife, a physician licensed in 38 this state, or a nurse practitioner certified in this state pursuant to 39 rules and regulations promulgated by the commissioner. 40 (b) Prior to dispensing abortion medication to a patient, a registered 41 professional nurse shall: 42 (i) provide the patient with a self-screening risk assessment ques- 43 tionnaire, developed by the commissioner of health in consultation with 44 the commissioner, to be reviewed by the registered professional nurse to 45 identify any known risk factors; and 46 (ii) provide the patient with a fact sheet, developed by the commis- 47 sioner of health that includes but is not limited to, the clinical 48 considerations and recommendations for use of abortion medication, the 49 appropriate method for using abortion medication, information on the 50 importance of follow-up health care, health care referral information, 51 and the ability of the patient to opt out of practitioner reporting 52 requirements. 53 (c) No registered professional nurse shall dispense abortion medica- 54 tion under this subdivision without receiving training satisfactory to 55 the commissioner.
A. 6835 3 1 (d) A registered professional nurse shall notify the patient's primary 2 health care practitioner, unless the patient opts out of such notifica- 3 tion, within seventy-two hours of dispensing abortion medication, that 4 such medication has been dispensed. If the patient does not have a 5 primary health care practitioner or is unable to provide contact infor- 6 mation for their primary health care practitioner, the registered 7 professional nurse shall provide the patient with a written record of 8 the abortion medication dispensed, and advise the patient to consult an 9 appropriate health care practitioner. 10 (e) Nothing in this subdivision shall prevent a registered profes- 11 sional nurse from refusing to dispense a non-patient specific order of 12 abortion medication pursuant to this subdivision if, in their profes- 13 sional judgment, potential adverse effects, interactions or other thera- 14 peutic complications could endanger the health of the patient. 15 § 6. Section 6909 of the education law is amended by adding a new 16 subdivision 11 to read as follows: 17 11. A certified nurse practitioner may prescribe and order a non-pa- 18 tient specific order to a registered professional nurse or pharmacist 19 licensed and located in this state, pursuant to regulations promulgated 20 by the commissioner, and consistent with sections sixty-eight hundred 21 one and sixty-nine hundred two of this title, for dispensing abortion 22 medication as defined in section sixty-eight hundred two of this title. 23 § 7. Section 6951 of the education law is amended by adding a new 24 subdivision 4 to read as follows: 25 4. A licensed midwife may prescribe and order a non-patient specific 26 order to a registered professional nurse or pharmacist licensed and 27 located in this state, pursuant to regulations promulgated by the 28 commissioner and consistent with section sixty-eight hundred one and 29 section sixty-nine hundred two of this title, for dispensing abortion 30 medication as defined in section sixty-eight hundred two of this title. 31 § 8. Section 3216 of the insurance law is amended by adding a new 32 subsection (n) to read as follows: 33 (n) Any policy under this article that covers contraception when 34 provided pursuant to a prescription shall cover abortion medication as 35 defined in subdivision twenty-nine of section sixty-eight hundred two of 36 the education law, when provided pursuant to an ordinary prescription or 37 order under section sixty-eight hundred one or sixty-nine hundred two of 38 the education law and when lawfully provided other than through a 39 prescription or order. 40 § 9. Section 3221 of the insurance law is amended by adding a new 41 subsection (u) to read as follows: 42 (u) Any policy under this article that covers contraception when 43 provided pursuant to a prescription, shall cover abortion medication as 44 defined in subdivision twenty-nine of section sixty-eight hundred two of 45 the education law, when provided pursuant to an ordinary prescription or 46 order under section sixty-eight hundred one or sixty-nine hundred two of 47 the education law and when lawfully provided other than through a 48 prescription or order. 49 § 10. Section 4303 of the insurance law is amended by adding a new 50 subsection (vv) to read as follows: 51 (vv) Any policy under this article that covers contraception when 52 provided pursuant to a prescription, shall cover abortion medication as 53 defined in subdivision twenty-nine of section sixty-eight hundred two of 54 the education law, when provided pursuant to an ordinary prescription or 55 order under section sixty-eight hundred one or sixty-nine hundred two of
A. 6835 4 1 the education law and when lawfully provided other than through a 2 prescription or order. 3 § 11. This act shall take effect eighteen months after it shall have 4 become a law; provided, however, that sections eight, nine and ten of 5 this act shall apply to policies and contracts issued, renewed, modi- 6 fied, altered or amended on or after such effective date. Effective 7 immediately, the addition, amendment and/or repeal of any rule or regu- 8 lation necessary for the implementation of this act on its effective 9 date are authorized to be made and completed on or before such effective 10 date.