S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6835
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. PAULIN, SEAWRIGHT, GLICK, GONZALEZ-ROJAS, SIMON,
   THIELE, AUBRY, LEVENBERG, SHRESTHA, ARDILA -- read once  and  referred
   to the Committee on Higher Education
 
 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:
 
   Section  1.  The  public health law is amended by adding a new section
 267-a to read as follows:
   § 267-A. ABORTION MEDICATION. THE COMMISSIONER IS AUTHORIZED TO ESTAB-
 LISH A NON-PATIENT SPECIFIC ORDER, CONSISTENT WITH SECTIONS  SIXTY-EIGHT
 HUNDRED  ONE  AND  SIXTY-NINE  HUNDRED  TWO  OF  THE  EDUCATION LAW, FOR
 DISPENSING ABORTION MEDICATION AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED
 TWO OF THE EDUCATION LAW.
   § 2. Section 6527 of the education law is  amended  by  adding  a  new
 subdivision 11 to read as follows:
   11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
 IC  ORDER  TO A REGISTERED PROFESSIONAL NURSE OR PHARMACIST LICENSED AND
 LOCATED IN THIS  STATE,  PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER,  AND  CONSISTENT  WITH  SECTION SIXTY-EIGHT HUNDRED ONE OF
 THIS TITLE, FOR DISPENSING ABORTION MEDICATION  AS  DEFINED  IN  SECTION
 SIXTY-EIGHT HUNDRED TWO OF THIS TITLE.
   §  3.  Section  6802  of  the education law is amended by adding a new
 subdivision 29 to read as follows:
   29. "ABORTION MEDICATION" MEANS ANY MEDICATION APPROVED BY THE FEDERAL
 FOOD AND DRUG ADMINISTRATION FOR THE PURPOSES OF  INDUCING  ABORTION  OR
 EXPELLING A MISCARRIAGE.
   §  4.  Section  6801  of  the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. (A) A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC  ORDER
 FOR  THE  DISPENSING OF ABORTION MEDICATION PRESCRIBED OR ORDERED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06982-03-3
              

 A. 6835                             2
 
 COMMISSIONER OF HEALTH, A LICENSED MIDWIFE, A PHYSICIAN LICENSED IN THIS
 STATE, OR A NURSE PRACTITIONER CERTIFIED IN THIS STATE PURSUANT TO RULES
 AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
   (B)  PRIOR TO DISPENSING ABORTION MEDICATION TO A PATIENT, THE PHARMA-
 CIST SHALL:
   (I) PROVIDE THE PATIENT WITH A SELF-SCREENING  RISK  ASSESSMENT  QUES-
 TIONNAIRE,  DEVELOPED BY THE COMMISSIONER OF HEALTH IN CONSULTATION WITH
 THE COMMISSIONER, TO BE REVIEWED BY THE PHARMACIST TO IDENTIFY ANY KNOWN
 RISK FACTORS; AND
   (II) PROVIDE THE PATIENT WITH A FACT SHEET, DEVELOPED BY  THE  COMMIS-
 SIONER  OF  HEALTH  THAT  INCLUDES  BUT  IS NOT LIMITED TO, THE CLINICAL
 CONSIDERATIONS AND RECOMMENDATIONS FOR USE OF ABORTION  MEDICATION,  THE
 APPROPRIATE  METHOD  FOR  USING  ABORTION MEDICATION, INFORMATION ON THE
 IMPORTANCE OF FOLLOW-UP HEALTH CARE, HEALTH CARE  REFERRAL  INFORMATION,
 AND  THE  ABILITY  OF  THE  PATIENT TO OPT OUT OF PRACTITIONER REPORTING
 REQUIREMENTS.
   (C) NO PHARMACIST SHALL DISPENSE ABORTION MEDICATION UNDER THIS SUBDI-
 VISION WITHOUT RECEIVING TRAINING SATISFACTORY TO THE COMMISSIONER.
   (D) A PHARMACIST SHALL NOTIFY THE PATIENT'S PRIMARY HEALTH CARE  PRAC-
 TITIONER,  UNLESS  THE  PATIENT  OPTS  OUT  OF SUCH NOTIFICATION, WITHIN
 SEVENTY-TWO HOURS OF DISPENSING ABORTION MEDICATION, THAT  SUCH  MEDICA-
 TION  HAS  BEEN DISPENSED. IF THE PATIENT DOES NOT HAVE A PRIMARY HEALTH
 CARE PRACTITIONER OR IS UNABLE TO PROVIDE CONTACT INFORMATION FOR  THEIR
 PRIMARY  HEALTH  CARE  PRACTITIONER,  THE  PHARMACIST  SHALL PROVIDE THE
 PATIENT WITH A WRITTEN RECORD OF THE ABORTION MEDICATION DISPENSED,  AND
 ADVISE THE PATIENT TO CONSULT AN APPROPRIATE HEALTH CARE PRACTITIONER.
   (E) NOTHING IN THIS SUBDIVISION SHALL PREVENT A PHARMACIST FROM REFUS-
 ING  TO  DISPENSE  A  NON-PATIENT  SPECIFIC ORDER OF ABORTION MEDICATION
 PURSUANT TO THIS SUBDIVISION IF, IN THEIR PROFESSIONAL JUDGMENT,  POTEN-
 TIAL  ADVERSE  EFFECTS,  INTERACTIONS OR OTHER THERAPEUTIC COMPLICATIONS
 COULD ENDANGER THE HEALTH OF THE PATIENT.
   § 5. Section 6902 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.  (A)  A  REGISTERED  PROFESSIONAL  NURSE  MAY EXECUTE A NON-PATIENT
 SPECIFIC ORDER FOR THE DISPENSING OF ABORTION MEDICATION, AS DEFINED  IN
 SECTION  SIXTY-EIGHT HUNDRED TWO OF THIS TITLE, PRESCRIBED OR ORDERED BY
 THE COMMISSIONER OF HEALTH, A LICENSED MIDWIFE, A PHYSICIAN LICENSED  IN
 THIS  STATE, OR A NURSE PRACTITIONER CERTIFIED IN THIS STATE PURSUANT TO
 RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
   (B) PRIOR TO DISPENSING ABORTION MEDICATION TO A PATIENT, A REGISTERED
 PROFESSIONAL NURSE SHALL:
   (I) PROVIDE THE PATIENT WITH A SELF-SCREENING  RISK  ASSESSMENT  QUES-
 TIONNAIRE,  DEVELOPED BY THE COMMISSIONER OF HEALTH IN CONSULTATION WITH
 THE COMMISSIONER, TO BE REVIEWED BY THE REGISTERED PROFESSIONAL NURSE TO
 IDENTIFY ANY KNOWN RISK FACTORS; AND
   (II) PROVIDE THE PATIENT WITH A FACT SHEET, DEVELOPED BY  THE  COMMIS-
 SIONER  OF  HEALTH  THAT  INCLUDES  BUT  IS NOT LIMITED TO, THE CLINICAL
 CONSIDERATIONS AND RECOMMENDATIONS FOR USE OF ABORTION  MEDICATION,  THE
 APPROPRIATE  METHOD  FOR  USING  ABORTION MEDICATION, INFORMATION ON THE
 IMPORTANCE OF FOLLOW-UP HEALTH CARE, HEALTH CARE  REFERRAL  INFORMATION,
 AND  THE  ABILITY  OF  THE  PATIENT TO OPT OUT OF PRACTITIONER REPORTING
 REQUIREMENTS.
   (C) NO REGISTERED PROFESSIONAL NURSE SHALL DISPENSE  ABORTION  MEDICA-
 TION  UNDER  THIS SUBDIVISION WITHOUT RECEIVING TRAINING SATISFACTORY TO
 THE COMMISSIONER.
 A. 6835                             3
 
   (D) A REGISTERED PROFESSIONAL NURSE SHALL NOTIFY THE PATIENT'S PRIMARY
 HEALTH CARE PRACTITIONER, UNLESS THE PATIENT OPTS OUT OF SUCH  NOTIFICA-
 TION,  WITHIN  SEVENTY-TWO HOURS OF DISPENSING ABORTION MEDICATION, THAT
 SUCH MEDICATION HAS BEEN DISPENSED. IF  THE  PATIENT  DOES  NOT  HAVE  A
 PRIMARY  HEALTH CARE PRACTITIONER OR IS UNABLE TO PROVIDE CONTACT INFOR-
 MATION FOR  THEIR  PRIMARY  HEALTH  CARE  PRACTITIONER,  THE  REGISTERED
 PROFESSIONAL  NURSE  SHALL  PROVIDE THE PATIENT WITH A WRITTEN RECORD OF
 THE ABORTION MEDICATION DISPENSED, AND ADVISE THE PATIENT TO CONSULT  AN
 APPROPRIATE HEALTH CARE PRACTITIONER.
   (E)  NOTHING  IN  THIS  SUBDIVISION SHALL PREVENT A REGISTERED PROFES-
 SIONAL NURSE FROM REFUSING TO DISPENSE A NON-PATIENT SPECIFIC  ORDER  OF
 ABORTION  MEDICATION  PURSUANT  TO THIS SUBDIVISION IF, IN THEIR PROFES-
 SIONAL JUDGMENT, POTENTIAL ADVERSE EFFECTS, INTERACTIONS OR OTHER THERA-
 PEUTIC COMPLICATIONS COULD ENDANGER THE HEALTH OF THE PATIENT.
   § 6. Section 6909 of the education law is  amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  A  CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
 TIENT SPECIFIC ORDER TO A REGISTERED PROFESSIONAL  NURSE  OR  PHARMACIST
 LICENSED  AND LOCATED IN THIS STATE, PURSUANT TO REGULATIONS PROMULGATED
 BY THE COMMISSIONER, AND CONSISTENT WITH  SECTIONS  SIXTY-EIGHT  HUNDRED
 ONE  AND  SIXTY-NINE  HUNDRED TWO OF THIS TITLE, FOR DISPENSING ABORTION
 MEDICATION AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED TWO OF THIS TITLE.
   § 7. Section 6951 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.  A  LICENSED MIDWIFE MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
 ORDER TO A REGISTERED PROFESSIONAL  NURSE  OR  PHARMACIST  LICENSED  AND
 LOCATED  IN  THIS  STATE,  PURSUANT  TO  REGULATIONS  PROMULGATED BY THE
 COMMISSIONER AND CONSISTENT WITH SECTION  SIXTY-EIGHT  HUNDRED  ONE  AND
 SECTION  SIXTY-NINE  HUNDRED  TWO OF THIS TITLE, FOR DISPENSING ABORTION
 MEDICATION AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED TWO OF THIS TITLE.
   § 8. Section 3216 of the insurance law is  amended  by  adding  a  new
 subsection (n) to read as follows:
   (N)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
 PROVIDED PURSUANT TO A PRESCRIPTION SHALL COVER ABORTION  MEDICATION  AS
 DEFINED IN SUBDIVISION TWENTY-NINE OF SECTION SIXTY-EIGHT HUNDRED TWO OF
 THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION OR
 ORDER UNDER SECTION SIXTY-EIGHT HUNDRED ONE OR SIXTY-NINE HUNDRED TWO OF
 THE  EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER THAN THROUGH A
 PRESCRIPTION OR ORDER.
   § 9. Section 3221 of the insurance law is  amended  by  adding  a  new
 subsection (u) to read as follows:
   (U)  ANY  POLICY  UNDER  THIS  ARTICLE  THAT COVERS CONTRACEPTION WHEN
 PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER ABORTION MEDICATION  AS
 DEFINED IN SUBDIVISION TWENTY-NINE OF SECTION SIXTY-EIGHT HUNDRED TWO OF
 THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION OR
 ORDER UNDER SECTION SIXTY-EIGHT HUNDRED ONE OR SIXTY-NINE HUNDRED TWO OF
 THE  EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER THAN THROUGH A
 PRESCRIPTION OR ORDER.
   § 10. Section 4303 of the insurance law is amended  by  adding  a  new
 subsection (vv) to read as follows:
   (VV)  ANY  POLICY  UNDER  THIS  ARTICLE THAT COVERS CONTRACEPTION WHEN
 PROVIDED PURSUANT TO A PRESCRIPTION, SHALL COVER ABORTION MEDICATION  AS
 DEFINED IN SUBDIVISION TWENTY-NINE OF SECTION SIXTY-EIGHT HUNDRED TWO OF
 THE EDUCATION LAW, WHEN PROVIDED PURSUANT TO AN ORDINARY PRESCRIPTION OR
 ORDER UNDER SECTION SIXTY-EIGHT HUNDRED ONE OR SIXTY-NINE HUNDRED TWO OF
 A. 6835                             4
 
 THE  EDUCATION  LAW  AND  WHEN  LAWFULLY  PROVIDED  OTHER THAN THROUGH A
 PRESCRIPTION OR ORDER.
   §  11.  This act shall take effect eighteen months after it shall have
 become a law; provided, however, that sections eight, nine  and  ten  of
 this  act  shall  apply to policies and contracts issued, renewed, modi-
 fied, altered or amended on or after such  effective  date.    Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.