Permits prescription labels for mifepristone, misoprostol, and their generic alternatives to include the name of the prescribing health care practice instead of the name of the prescriber at the prescriber's request.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2145A
SPONSOR: Reyes TITLE OF BILL:
An act to amend the education law, in relation to the labeling of mifep-
ristone, misoprostol, and their generic alternatives
PURPOSE OF BILL:
To allow the prescription label for mifepristone, misoprostol, and their
generic alternatives to include the name of a health care practice
instead of the name of the prescribing or dispensing practitioner.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would add a new paragraph b-1 to section 6807 of the education
law to allow dispensing practitioners to print the name of their prac-
tice, rather than their own name, on the prescription label for mifepri-
stone, misoprostol, and their generic alternatives.
Section 2 would add a new subdivision 1-a to section 6810 of the educa-
tion law to allow prescribers to request that the name of their prac-
tice, rather than their own name, be printed on the prescription label
for on the prescription label for mifepristone, misoprostol, and their
generic alternatives.
Section 3 would set forth the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendment adds a provision related to practitioners dispensing medi-
cation to patients and clarifies the applicable medications.
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 October 2024, twenty-one states had more
restrictive laws than permitted under Roe v. Wade. Thirteen of those
states had functionally a full ban; another four banned 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.
Mifepristone and misoprostol have become a lifeline for many individuals
seeking care 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 prac-
titioners against states that may try to impose criminal sanctions 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 help patients based in
hostile states each month, helping women who may not otherwise be able
to access care.
This bill builds on New Yorks shield law, by providing further
protection to doctors prescribing mifepristone and misoprostol to
patients in hostile states. Modeled after a recently enacted Washington
law (Chapter 257 of Washington laws of 2024), this bill would allow
prescribers to request that the dispensing pharmacy include the name of
their practice, rather than their name, on the prescription label for
mifepristone, misoprostol, and their generic alternatives. Likewise,
dispensing practitioners would be allowed to use the name of their
healthcare practice instead of their own name on the label.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2145--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the labeling of mifep-
ristone, misoprostol, and their generic alternatives
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 6807 of the education law is
2 amended by adding a new paragraph b-1 to read as follows:
3 b-1. Notwithstanding paragraph b of this section, the prescription
4 label for mifepristone, misoprostol, and their generic alternatives may
5 include the name of the dispensing health care practice instead of the
6 name of the dispenser.
7 § 2. Section 6810 of the education law is amended by adding a new
8 subdivision 1-a to read as follows:
9 1-a. Notwithstanding subdivision one of this section, at the
10 prescriber's request, the prescription label for mifepristone, misopros-
11 tol, and their generic alternatives may include the name of the
12 prescribing health care practice instead of the name of the prescriber.
13 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00159-03-5
