STATE OF NEW YORK ________________________________________________________________________ 1172--A 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, McDONALD, STIRPE, McMAHON, WEPRIN, LAVINE, KELLES, CRUZ, LASHER, GALLAGHER -- read once and referred to the Committee on Higher Education -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02820-02-5
A. 1172--A 2 1 § 4. Section 6801 of the education law is amended by adding a new 2 subdivision 10 to read as follows: 3 10. (a) A licensed pharmacist may execute a non-patient specific order 4 for the dispensing of abortion medication prescribed or ordered by the 5 commissioner of health, a physician licensed in this state, or a nurse 6 practitioner certified in this state pursuant to rules and regulations 7 promulgated by the commissioner. 8 (b) Prior to dispensing abortion medication, the pharmacist shall: 9 (i) provide a risk assessment questionnaire, developed by the commis- 10 sioner of health in consultation with the commissioner, to be reviewed 11 by the pharmacist to identify any known risk factors; and 12 (ii) provide a fact sheet, developed by the commissioner of health 13 that includes but is not limited to, the clinical considerations and 14 recommendations for use of abortion medication, the appropriate method 15 for using abortion medication, information on the importance of follow- 16 up health care, and health care referral information. 17 (c) No pharmacist shall dispense abortion medication under this subdi- 18 vision without receiving training satisfactory to the commissioner. 19 (d) Nothing in this subdivision shall prevent a pharmacist from refus- 20 ing to dispense a non-patient specific order of abortion medication 21 pursuant to this subdivision if, in their professional judgment, poten- 22 tial adverse effects, interactions or other therapeutic complications 23 could endanger the health of the patient. 24 § 5. Section 6902 of the education law is amended by adding a new 25 subdivision 4 to read as follows: 26 4. (a) A registered professional nurse may execute a non-patient 27 specific order for the dispensing of abortion medication, as defined in 28 section sixty-eight hundred two of this title, prescribed or ordered by 29 the commissioner of health, a physician licensed in this state, or a 30 nurse practitioner certified in this state pursuant to rules and regu- 31 lations promulgated by the commissioner. 32 (b) Prior to dispensing abortion medication, a registered professional 33 nurse shall: 34 (i) provide a risk assessment questionnaire, developed by the commis- 35 sioner of health in consultation with the commissioner, to be reviewed 36 by the registered professional nurse to identify any known risk factors; 37 and 38 (ii) provide a fact sheet, developed by the commissioner of health 39 that includes but is not limited to, the clinical considerations and 40 recommendations for use of abortion medication, the appropriate method 41 for using abortion medication, information on the importance of follow- 42 up health care, and health care referral information. 43 (c) No registered professional nurse shall dispense abortion medica- 44 tion under this subdivision without receiving training satisfactory to 45 the commissioner. 46 (d) Nothing in this subdivision shall prevent a registered profes- 47 sional nurse from refusing to dispense a non-patient specific order of 48 abortion medication pursuant to this subdivision if, in their profes- 49 sional judgment, potential adverse effects, interactions or other thera- 50 peutic complications could endanger the health of the patient. 51 § 6. Section 6909 of the education law is amended by adding a new 52 subdivision 12 to read as follows: 53 12. A certified nurse practitioner may prescribe and order a non-pa- 54 tient specific order to a registered professional nurse or pharmacist 55 licensed and located in this state, pursuant to regulations promulgated 56 by the commissioner, and consistent with sections sixty-eight hundred
A. 1172--A 3 1 one and sixty-nine hundred two of this title, for dispensing abortion 2 medication as defined in section sixty-eight hundred two of this title. 3 § 7. Section 3216 of the insurance law is amended by adding a new 4 subsection (n) to read as follows: 5 (n) Any policy under this article that covers contraception when 6 provided pursuant to a prescription shall cover abortion medication as 7 defined in subdivision thirty-one of section sixty-eight hundred two of 8 the education law, when provided pursuant to an ordinary prescription or 9 order under section sixty-eight hundred one or sixty-nine hundred two of 10 the education law and when lawfully provided other than through a 11 prescription or order. 12 § 8. Section 3221 of the insurance law is amended by adding a new 13 subsection (v) to read as follows: 14 (v) Any policy under this article that covers contraception when 15 provided pursuant to a prescription, shall cover abortion medication as 16 defined in subdivision thirty-one of section sixty-eight hundred two of 17 the education law, when provided pursuant to an ordinary prescription or 18 order under section sixty-eight hundred one or sixty-nine hundred two of 19 the education law and when lawfully provided other than through a 20 prescription or order. 21 § 9. Section 4303 of the insurance law is amended by adding a new 22 subsection (xx) to read as follows: 23 (xx) Any policy under this article that covers contraception when 24 provided pursuant to a prescription, shall cover abortion medication as 25 defined in subdivision thirty-one of section sixty-eight hundred two of 26 the education law, when provided pursuant to an ordinary prescription or 27 order under section sixty-eight hundred one or sixty-nine hundred two of 28 the education law and when lawfully provided other than through a 29 prescription or order. 30 § 10. This act shall take effect eighteen months after it shall have 31 become a law; provided, however, that sections seven, eight and nine of 32 this act shall apply to policies and contracts issued, renewed, modi- 33 fied, altered or amended on or after such effective date. Effective 34 immediately, the addition, amendment and/or repeal of any rule or regu- 35 lation necessary for the implementation of this act on its effective 36 date are authorized to be made and completed on or before such effective 37 date.