Add §267-c, Pub Health L; amd §§6527, 6802, 6801, 6902 & 6909, Ed L; amd §§3216, 3221 & 4303, Ins L
Authorizes the dispensing of abortion medication under certain conditions; requires insurance policies providing coverage for contraception to provide coverage for abortion medication.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1172A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, the education law and the insur-
ance law, in relation to the dispensing of abortion medication
PURPOSE:
To improve the accessibility of abortion medication
SUMMARY OF PROVISIONS:
Section one of the bill adds a new section to public health law to
authorize the commissioner of health to establish a non-patient specific
order for dispensing abortion medication.
Section two of the bill amends section 6527 of the education law to
allow a licensed physician to prescribe and order a non-patient specific
order to a registered professional nurse or pharmacist licensed and
located in this state for dispensing abortion medication.
Section three of the bill amends the education law to define "abortion
medication."
Section four of the bill amends section 6801 of the education law to
allow a licensed pharmacist to execute a non-patient specific order for
the dispensing of abortion medication when prescribed or ordered by the
commissioner of health, a physician licensed in this state, or a nurse
practitioner certified in this state. It further provides that prior to
dispensing, the pharmacist must provide a risk assessment questionnaire,
developed by the Commissioner of Health, in consultation with the
Commissioner of Education. The pharmacist must also provide the patient
with a fact sheet developed by the Commissioner of Health, in consulta-
tion with the Commissioner of Education. Lastly, this section also
requires pharmacists to receive training satisfactory to the Commission-
er of Education and makes it clear that pharmacists retain the ability
to refuse to dispense a prescription if in their professional judgment,
potential adverse effects, interactions or other therapeutic compli-
cations could endanger the health of the patient.
Section five amends section 6902 of the education law to allow a regis-
tered professional nurse to execute a non-patient specific order for the
dispensing of abortion medication when prescribed or ordered by the
commissioner of health, a physician licensed in this state, or a nurse
practitioner certified in this state. This section mirrors the prior
section in relation to the risk assessment, fact sheet, and the ability
to refuse to dispense abortion medication.
Section six amends section 6909 of the education law to allow a certi-
fied nurse practitioner to prescribe or order a non-patient specific
order to a registered professional nurse or pharmacist licensed and
located in the state for dispensing abortion medication.
Sections seven, eight, and nine, amend the insurance law to allow for
coverage of abortion medication without cost-sharing.
Section ten provides the effective date.
JUSTIFICATION:
In 2023, the Food and Drug Administration (FDA) made a regulatory change
that would allow medication commonly used for medication abortion to be
offered in retail pharmacies. This new rule would still require patients
to have a prescription from a certified healthcare provider, but it
greatly broadens the availability of abortion pills. While this is an
important step forward, those seeking the medication in New York will
still face access barriers when trying to obtain a prescription from a
licensed physician.
While current NYS law allows abortion medication to be prescribed by a
licensed physician or a certified nurse practitioner, this bill vastly
expands access by allowing these healthcare professionals to prescribe a
non-patient specific order of abortion medication to be dispensed by a
local pharmacist or registered professional nurse. Allowing pharmacists
to dispense this medication will help address access. disparities for
many New Yorkers, especially marginalized populations, who are more
likely to live closer to a pharmacy than a physician's office. Similar-
ly, allowing RNs to dispense this medication will expand access on
health centers on college campuses in the state.
In 2021, over half of abortions in the United States were medication
abortions. The FDA has found that medication abortion is safe and effec-
tive, with a 0.4% risk of major complications and an associated mortal-
ity rate of less than 0.001 percent. The medication comes with no risk
of overdose or addiction. Further, individuals have accessed these pills
without a prescription and safely induced abortion in countries like
India and Mexico for years.
Not only has abortion medication been proved safe and effective to
induce abortions up to 10 weeks into a pregnancy, but doctors also often
prescribe this same safe and effective regimen for early pregnancy loss,
as it helps expel a miscarriage. By limiting an individual's access to
this medication, we are preventing people from receiving the care they
need at the time they need it most.
LEGISLATIVE HISTORY:
A6835 of 2023 and 2024, referred to higher education / S7691 of 2023 and
2024, referred to higher education
FISCAL:
None to the state.
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law; provided, however, that sections seven, eight, and nine of this act
shall apply to policies and contracts issued, renewed, modified, altered
or amended on or after such effective date. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
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.
