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A10428 Summary:

BILL NOA10428
 
SAME ASSAME AS S08656-A
 
SPONSORReyes
 
COSPNSRRajkumar
 
MLTSPNSR
 
Amd §§6807 & 6810, Ed L
 
Provides that mifepristone or misoprostol may be dispensed without the name and address of the dispenser and patient included on the prescription label.
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A10428 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10428
 
SPONSOR: Reyes
  TITLE OF BILL: An act to amend the education law, in relation to the dispensing of certain prescriptions   PURPOSE OR GENERAL IDEA OF BILL: To allow providers prescribing medication abortion to request that the pharmacy exclude certain identifying information on prescription labels, or if they dispense the drugs themselves, allow them to exclude such information.   SUMMARY OF PROVISIONS:' Section 1 amends paragraph b-1 of subdivision 1 of section 6807 of the education law to allow individuals dispensing medication abortion to omit the name and address of the dispenser and patient, provided that the label includes a prescription number or other means of identifying the prescription. Providers must keep a log of all prescriptions filled under these protections for at least five years. Such records are subject to the protections of the state's abortion shield law. Section 2 amends subdivision 1-a of section 6810 of the education law to' require that when requested by the prescriber, pharmacies exclude the name and address of the prescriber, patient, and pharmacy when dispensing medication abortion. Such information must be maintained in pharmacy logs of filled prescriptions and is subject to the projections of the shield law. Section 3 provides the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: Since the Supreme Court's disastrous decision to revoke the constitu- tional right to an abortion in Dobbs vs. Jackson Women's Health Organ- ization in June 2022, states around the country have moved to restrict access to abortion. As of November 2024, nineteen states ban abortion under twelve weeks. Thirteen of those states have functionally a full ban; another four ban abortion after 6 weeks, when few women even know they are pregnant.' Over half of women between the ages, of 18-49 live in a state with some restrictions on abortion care. Medication abortion has become a lifeline for many individuals seeking abortions in hostile states. In 2023, New York passed a telehealth shield law (Chapter 138 of the laws of 2023) to provide broad protection to doctors based in New York serving patients in those states via tele- health. These protections include shielding New York health care practi- tioners against states that may try to impose civil or criminal sanc- tions upon them and protection from professional disciplinary action or adverse action from medical malpractice insurers. Thanks to New York's shield law, providers based in New York are able to send thousands of abortion pills to patients based in hostile states each month, helping women who may not otherwise be able to access abortion care. According to research by the Society for Family Planning, in the first six months of 2025, 27% of abortions nationally were provided via telehealth. In states where abortion is banned, telehealth makes up nearly 100% of abortions. (A small number are provided under exceptions to some state laws). As of June 2025, the Society for Family Planning estimates that 55% of telehealth abortions are being provided from states with shield laws like New York's. In response to escalating threats to telehealth providers, in 2025 New York strengthened its telehealth shield law, including by allowing phar- macies and prescribers filling prescriptions to use the name of the prescribing doctor's practice rather than their name on the prescription label (Chapter 7 of the laws of 2025). Unfortunately, attacks on provid- ers serving women through telehealth have only increased since then. This legislation provides further protections for providers and patients taking advantage of telehealth care. It would allow prescribers to request that a pharmacy exclude their name and the name and address of the patient and pharmacy when filling a prescription for medication abortion. Similarly, doctors dispensing medication abortion would be allowed to exclude their and their patient's name and address from the prescription label. Pharmacies and doctors would be required to keep records of their prescriptions for five years which would be subject to the existing protections of New York's shield law. Similar protections were adopted by California in September of 2025 (Chapter 136 of California's laws of 2025).   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately
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