STATE OF NEW YORK ________________________________________________________________________ 2533--A 2025-2026 Regular Sessions IN SENATE January 21, 2025 ___________ Introduced by Sens. MAY, FERNANDEZ, HINCHEY, JACKSON, LIU, SALAZAR, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. LBD02820-03-5
S. 2533--A 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 physician licensed in this state, or a nurse 4 practitioner certified in this state pursuant to rules and regulations 5 promulgated by the commissioner. 6 (b) Prior to dispensing abortion medication, the pharmacist shall: 7 (i) provide a risk assessment questionnaire, developed by the commis- 8 sioner of health in consultation with the commissioner, to be reviewed 9 by the pharmacist to identify any known risk factors; and 10 (ii) provide a fact sheet, developed by the commissioner of health 11 that includes but is not limited to, the clinical considerations and 12 recommendations for use of abortion medication, the appropriate method 13 for using abortion medication, information on the importance of follow- 14 up health care, and health care referral information. 15 (c) No pharmacist shall dispense abortion medication under this subdi- 16 vision without receiving training satisfactory to the commissioner. 17 (d) Nothing in this subdivision shall prevent a pharmacist from refus- 18 ing to dispense a non-patient specific order of abortion medication 19 pursuant to this subdivision if, in their professional judgment, poten- 20 tial adverse effects, interactions or other therapeutic complications 21 could endanger the health of the patient. 22 § 5. Section 6902 of the education law is amended by adding a new 23 subdivision 4 to read as follows: 24 4. (a) A registered professional nurse may execute a non-patient 25 specific order for the dispensing of abortion medication, as defined in 26 section sixty-eight hundred two of this title, prescribed or ordered by 27 the commissioner of health, a physician licensed in this state, or a 28 nurse practitioner certified in this state pursuant to rules and regu- 29 lations promulgated by the commissioner. 30 (b) Prior to dispensing abortion medication, a registered professional 31 nurse shall: 32 (i) provide a risk assessment questionnaire, developed by the commis- 33 sioner of health in consultation with the commissioner, to be reviewed 34 by the registered professional nurse to identify any known risk factors; 35 and 36 (ii) provide a fact sheet, developed by the commissioner of health 37 that includes but is not limited to, the clinical considerations and 38 recommendations for use of abortion medication, the appropriate method 39 for using abortion medication, information on the importance of follow- 40 up health care, and health care referral information. 41 (c) No registered professional nurse shall dispense abortion medica- 42 tion under this subdivision without receiving training satisfactory to 43 the commissioner. 44 (d) Nothing in this subdivision shall prevent a registered profes- 45 sional nurse from refusing to dispense a non-patient specific order of 46 abortion medication pursuant to this subdivision if, in their profes- 47 sional judgment, potential adverse effects, interactions or other thera- 48 peutic complications could endanger the health of the patient. 49 § 6. Section 6909 of the education law is amended by adding a new 50 subdivision 12 to read as follows: 51 12. A certified nurse practitioner may prescribe and order a non-pa- 52 tient specific order to a registered professional nurse or pharmacist 53 licensed and located in this state, pursuant to regulations promulgated 54 by the commissioner, and consistent with sections sixty-eight hundred 55 one and sixty-nine hundred two of this title, for dispensing abortion 56 medication as defined in section sixty-eight hundred two of this title.
S. 2533--A 3 1 § 7. Section 3216 of the insurance law is amended by adding a new 2 subsection (n) to read as follows: 3 (n) Any policy under this article that covers contraception when 4 provided pursuant to a prescription shall cover abortion medication as 5 defined in subdivision thirty-one of section sixty-eight hundred two of 6 the education law, when provided pursuant to an ordinary prescription or 7 order under section sixty-eight hundred one or sixty-nine hundred two of 8 the education law and when lawfully provided other than through a 9 prescription or order. 10 § 8. Section 3221 of the insurance law is amended by adding a new 11 subsection (v) to read as follows: 12 (v) Any policy under this article that covers contraception when 13 provided pursuant to a prescription, shall cover abortion medication as 14 defined in subdivision thirty-one of section sixty-eight hundred two of 15 the education law, when provided pursuant to an ordinary prescription or 16 order under section sixty-eight hundred one or sixty-nine hundred two of 17 the education law and when lawfully provided other than through a 18 prescription or order. 19 § 9. Section 4303 of the insurance law is amended by adding a new 20 subsection (xx) to read as follows: 21 (xx) Any policy under this article that covers contraception when 22 provided pursuant to a prescription, shall cover abortion medication as 23 defined in subdivision thirty-one of section sixty-eight hundred two of 24 the education law, when provided pursuant to an ordinary prescription or 25 order under section sixty-eight hundred one or sixty-nine hundred two of 26 the education law and when lawfully provided other than through a 27 prescription or order. 28 § 10. This act shall take effect eighteen months after it shall have 29 become a law; provided, however, that sections seven, eight and nine of 30 this act shall apply to policies and contracts issued, renewed, modi- 31 fied, altered or amended on or after such effective date. Effective 32 immediately, the addition, amendment and/or repeal of any rule or regu- 33 lation necessary for the implementation of this act on its effective 34 date are authorized to be made and completed on or before such effective 35 date.