NY State Senate Bill 2023-S7691

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Oct 10, 2023	referred to rules

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2023-S7691 (ACTIVE) - Details

See Assembly Version of this Bill:: A6835
Current Committee:: Senate Higher Education
Law Section:: Public Health Law
Laws Affected:: Add §267-a, Pub Health L; amd §§6527, 6802, 6801, 6902, 6909 & 6951, Ed L; amd §§3216, 3221 & 4303, Ins L

2023-S7691 (ACTIVE) - Summary

Authorizes the dispensing of abortion medication under certain conditions; requires insurance policies providing coverage for contraception to provide coverage for abortion medication.

2023-S7691 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7691

SPONSOR: MAY
 
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 licensed midwife, 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 the
patient with a self-screening 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 consultation with the
Commissioner of Education. Lastly, section also requires pharmacists to
receive training satisfactory to the Commissioner of Education; requires
pharmacists to notify a patient's primary care provider when abortion
medication is dispensed under this section unless the patient opts-out
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 complications 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 licensed midwife, a physician licensed in this
state, or a nurse practitioner certified in this state. This section
mirrors the prior section in relation to the self-screening risk assess-
ment, fact sheet, reporting requirements, 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.

Section seven amends section 6951 of the education law to allow licensed
midwives to prescribe a non-patient specific regimen of abortion medica-
tion to a registered professional nurse or pharmacist licensed and
located in the state.

Sections eight, nine, and 10 amend the insurance law to allow for cover-
age of abortion medication without cost-sharing.

Section eleven 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, a certified nurse practitioner or properly licensed
midwife, 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 profes-
sional 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. Similarly, 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:

New bill.

 
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 eight, nine and ten 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.

2023-S7691 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7691
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 10, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 COMMISSIONER OF HEALTH, A LICENSED MIDWIFE, A PHYSICIAN LICENSED IN THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06982-03-3

 S. 7691                             2
 
 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.
   (D) A REGISTERED PROFESSIONAL NURSE SHALL NOTIFY THE PATIENT'S PRIMARY
 HEALTH CARE PRACTITIONER, UNLESS THE PATIENT OPTS OUT OF SUCH  NOTIFICA-
 S. 7691                             3
 
 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
 THE EDUCATION LAW AND  WHEN  LAWFULLY  PROVIDED  OTHER  THAN  THROUGH  A
 PRESCRIPTION OR ORDER.
 S. 7691                             4
 
   §  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.

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Senate Bill S7691

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2023-S7691 (ACTIVE) - Details

2023-S7691 (ACTIVE) - Summary

2023-S7691 (ACTIVE) - Sponsor Memo

2023-S7691 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7691

Share this bill

Sponsored By

Rachel May

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Nathalia Fernandez

Robert Jackson

John C. Liu

Julia Salazar

2023-S7691 (ACTIVE) - Details

2023-S7691 (ACTIVE) - Summary

2023-S7691 (ACTIVE) - Sponsor Memo

2023-S7691 (ACTIVE) - Bill Text download pdf

Comments