S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2439
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  SEAWRIGHT,  GONZALEZ-ROJAS, REYES,
   BURDICK,  PAULIN,  SIMON,  WOERNER,  LEVENBERG,  KELLES,   CUNNINGHAM,
   DE LOS SANTOS,  OTIS,  GLICK,  McMAHON, TAPIA, RAGA, SIMONE, SHRESTHA,
   JACOBSON, ROSENTHAL, SHIMSKY, LEE -- read once  and  referred  to  the
   Committee on Health

 AN  ACT  to  amend  the public health law, in relation to establishing a
   reproductive health services training and education grant program
 
   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
 2599-bb-2 to read as follows:
   § 2599-BB-2. REPRODUCTIVE HEALTH SERVICES TRAINING AND EDUCATION GRANT
 PROGRAM. 1. AS USED IN THIS SECTION:
   (A) "ELIGIBLE PARTICIPANT" SHALL MEAN  ANY  HEALTH  CARE  PRACTITIONER
 AUTHORIZED  TO  PERFORM  ABORTION  CARE  PURSUANT TO SECTION TWENTY-FIVE
 HUNDRED NINETY-NINE-BB OF THIS ARTICLE OR AN INTERN OR RESIDENT  WHO  IS
 EMPLOYED  BY  A HOSPITAL OR OTHERWISE ENROLLED IN AN ACCREDITED GRADUATE
 MEDICAL EDUCATION PROGRAM;
   (B) "PROGRAM" SHALL MEAN A REPRODUCTIVE HEALTH SERVICES  TRAINING  AND
 EDUCATION GRANT PROGRAM;
   (C)  "PROFESSIONAL  EDUCATOR" SHALL MEAN COMMUNITY-BASED ORGANIZATIONS
 PROVIDING REPRODUCTIVE HEALTH CARE, CONTINUING  EDUCATION  PROGRAMS  FOR
 QUALIFIED PROVIDERS THROUGH PROFESSIONAL ASSOCIATIONS OR CLINICAL EDUCA-
 TION  PROGRAMS  THAT  MEET PROFESSIONALLY RECOGNIZED TRAINING STANDARDS,
 COMPLY WITH APPLICABLE STATE LAWS AND REGULATIONS, AND  ARE  CAPABLE  OF
 PROVIDING CULTURALLY CONGRUENT CARE AND IMPLICIT BIAS TRAINING; AND
   (D)  "ABORTION" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN SECTION
 TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS ARTICLE.
   2. THERE IS HEREBY ESTABLISHED WITHIN THE  DEPARTMENT  A  REPRODUCTIVE
 HEALTH  SERVICES  TRAINING  AND EDUCATION GRANT PROGRAM TO ENSURE HEALTH
 CARE PROVIDERS RECEIVE ADEQUATE TRAINING IN ABORTION CARE.  THE  PROGRAM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04174-01-5
              

 A. 2439                             2
 
 SHALL PROVIDE FUNDING FOR PROFESSIONAL EDUCATORS THAT PROVIDE OR FACILI-
 TATE  CLINICAL  EDUCATION  RELATED  TO  ABORTION  CARE AND OTHER RELATED
 REPRODUCTIVE HEALTH SERVICES. THE PROGRAM SHALL BE DESIGNED  TO  PROVIDE
 SUPPORT TO CLINICAL EDUCATORS IN PROGRAM DEVELOPMENT AND ADMINISTRATION,
 AND  TO  ADDRESS  THE  SUPPORT  NEEDS  OF INDIVIDUALS SEEKING ADDITIONAL
 TRAINING ON ABORTION CARE. FUNDING USED TO SUPPORT THE PROGRAM SHALL  BE
 SUBJECT TO APPROPRIATION.
   3.  THE  COMMISSIONER  SHALL  DISTRIBUTE FUNDS MADE AVAILABLE FOR THIS
 PURPOSE UNDER THIS SECTION. IN DETERMINING FUNDING FOR APPLICANTS  UNDER
 THE  GRANT PROGRAM, THE COMMISSIONER SHALL CONSIDER THE FOLLOWING CRITE-
 RIA AND GOALS:
   (A) PROGRAM DEVELOPMENT AND ADMINISTRATION. FUNDS MAY  BE  AWARDED  TO
 SUPPORT THE ADMINISTRATION AND OPERATION OF CLINICAL EDUCATION PROGRAMS,
 FACULTY  RECRUITMENT  AND  DEVELOPMENT,  AND  THE EXPANSION OF RESIDENCY
 PROGRAMS TO ACCOMMODATE ADDITIONAL PLACEMENTS.
   (B) ADDRESSING  PRACTICAL  SUPPORT  NEEDS  OF  ELIGIBLE  PARTICIPANTS.
 FUNDS  MAY  BE  AWARDED  TO SUPPORT AN ELIGIBLE PARTICIPANT IN OBTAINING
 CLINICAL EDUCATION  ON  ABORTION  CARE  AND  OTHER  REPRODUCTIVE  HEALTH
 SERVICES,  INCLUDING,  BUT  NOT LIMITED TO, FINANCIAL SUPPORT FOR TRAVEL
 AND LODGING ASSOCIATED WITH ATTENDING A PROGRAM.
   4. IN ESTABLISHING AND OPERATING THE  PROGRAM,  THE  COMMISSIONER  MAY
 CONSULT  A  RANGE OF EXPERTS, INCLUDING, BUT NOT LIMITED TO, INDIVIDUALS
 AND ENTITIES PROVIDING ABORTION CARE, ABORTION FUNDS, AND  OTHER  ORGAN-
 IZATIONS  WHOSE  MISSION IS TO EXPAND ACCESS TO ABORTION CARE, TO ENSURE
 THE PROGRAM STRUCTURE AND EXPENDITURES REFLECT  THE  NEEDS  OF  ABORTION
 PROVIDERS, ABORTION FUNDS AND CONSUMERS. THE COMMISSIONER MAY MAKE REGU-
 LATIONS NECESSARY FOR IMPLEMENTATION OF THE PROGRAM.
   5.  THE COMMISSIONER SHALL SUBMIT A REPORT NO LATER THAN TWELVE MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER, TO THE
 GOVERNOR AND TO THE LEGISLATURE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE TOTAL AMOUNT OF GRANTS ISSUED, THE NUMBER  OF  ELIGIBLE  PARTIC-
 IPANTS,  THE  NUMBER  OF ELIGIBLE PROVIDERS, AND THE REGION OF THE STATE
 WHERE THE ELIGIBLE PROVIDERS  ARE  LOCATED.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  THE  COMMISSIONER  SHALL NOT REPORT ANY INFORMATION
 RELATED TO IDENTIFYING  INFORMATION  OF  ELIGIBLE  PARTICIPANTS  IN  THE
 PROGRAM.
   §  2. This act shall take effect on the first of April next succeeding
 the date upon which it shall have become a law.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2439--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  SEAWRIGHT,  GONZALEZ-ROJAS, REYES,
   BURDICK,  PAULIN,  SIMON,  WOERNER,  LEVENBERG,  KELLES,   CUNNINGHAM,
   DE LOS SANTOS,  OTIS,  GLICK,  McMAHON, TAPIA, RAGA, SIMONE, SHRESTHA,
   JACOBSON, ROSENTHAL, SHIMSKY, LEE, WEPRIN, LAVINE  --  read  once  and
   referred  to  the  Committee  on  Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the public health law, in relation to enacting the New
   York state abortion clinical training program act
 
   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 article
 25-AA to read as follows:
                               ARTICLE 25-AA
           NEW YORK STATE ABORTION CLINICAL TRAINING PROGRAM ACT
 SECTION 2599-BB-10. POLICY AND PURPOSE.
         2599-BB-11. DEFINITIONS.
         2599-BB-12. ESTABLISHMENT OF THE NEW YORK STATE  ABORTION  CLIN-
                       ICAL TRAINING PROGRAM.
         2599-BB-13. REPORTING.
   § 2599-BB-10. POLICY  AND  PURPOSE.  1.  NEW  YORK  HAS LONG HELD THAT
 COMPREHENSIVE REPRODUCTIVE HEALTH CARE IS  A  FUNDAMENTAL  COMPONENT  OF
 EVERY  INDIVIDUAL'S  HEALTH,  PRIVACY  AND  EQUALITY, AND THAT ACCESS TO
 REPRODUCTIVE HEALTH CARE SERVICE IS INTEGRAL TO THEIR ABILITY TO  CHOOSE
 TO  CARRY  A  PREGNANCY TO TERM, TO GIVE BIRTH TO A CHILD, OR TO HAVE AN
 ABORTION.
   2. ABORTION CARE  IS  PROVIDED  IN  HOSPITALS,  CLINICS,  AND  PRIVATE
 MEDICAL  PRACTICES ACROSS THE STATE, WITH A MAJORITY OF THESE PROCEDURES
 PERFORMED BY COMMUNITY-BASED PROVIDERS. HOWEVER, GROWING MATERNAL HEALTH
 CARE DESERTS HAVE MADE IT DIFFICULT FOR INDIVIDUALS TO ACCESS THIS VITAL
 FORM OF CARE. THE NEED FOR ABORTION CARE CONTINUES TO INCREASE WHILE THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04174-03-5
              

 A. 2439--A                          2
 
 NUMBER OF PROVIDERS TRAINED TO  PERFORM  THESE  SERVICES  IS  DECLINING.
 ALTHOUGH  THERE  ARE COMMUNITY-BASED ABORTION FACILITIES IN EVERY REGION
 OF THE STATE, ONLY SEVEN OUT OF TEN REGIONS HAVE COMMUNITY-BASED FACILI-
 TIES  THAT  PERFORM  ABORTION CARE BEYOND FIFTEEN WEEKS OF PREGNANCY. IN
 THREE REGIONS, ONLY TWO FACILITIES PROVIDE ABORTION CARE  UP  TO  TWENTY
 WEEKS OF PREGNANCY. THIS HAS RESULTED IN PREGNANT PEOPLE HAVING TO TRAV-
 EL  FURTHER,  AND IN SOME CASES OUT OF STATE, TO ACCESS CARE, ESPECIALLY
 LATER IN PREGNANCY.
   3. WHILE ANY PHYSICIAN AND HEALTH CARE PRACTITIONER  LICENSED  BY  THE
 STATE  WITH ABORTION IN THEIR SCOPE OF PRACTICE IS AUTHORIZED TO PERFORM
 THE PROCEDURE UNDER LAW, THERE IS NO STRUCTURED TRAINING PROGRAM  AVAIL-
 ABLE TO THEM FOR THIS PURPOSE.
   4.  NEW  YORK IS IN A STRONG POSITION TO ADDRESS THE TRAINING NEEDS OF
 THESE INDIVIDUALS BY ESTABLISHING A STATEWIDE ABORTION CLINICAL TRAINING
 PROGRAM. THERE ARE MULTIPLE  ABORTION  PROVIDERS  WHO  ARE  EXPERIENCED,
 UTILIZE  INNOVATIVE ABORTION CARE PROCEDURES, AND INTERESTED IN TRAINING
 THEIR PEERS BUT REQUIRE FUNDING TO DO SO.
   5. IT IS THE PURPOSE OF THIS ARTICLE TO CREATE NEW  TRAINING  OPPORTU-
 NITIES  FOR  NEW  YORK  HEALTH  CARE  PRACTITIONERS  IN  THE DELIVERY OF
 ABORTION CARE THROUGH SUCH A PROGRAM, THEREBY PROTECTING EVERY  INDIVID-
 UAL'S RIGHT TO HEALTH, PRIVACY AND EQUALITY.
   § 2599-BB-11. DEFINITIONS.  AS  USED  IN  THIS  ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ABORTION" SHALL MEAN THE TERMINATION OF A  PREGNANCY  PURSUANT  TO
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS CHAPTER.
   2.  "HEALTH CARE SERVICES" SHALL MEAN THE RANGE OF CARE RELATED TO THE
 PROVISION OF ABORTION PURSUANT TO SECTION  TWENTY-FIVE  HUNDRED  NINETY-
 NINE-BB OF THIS CHAPTER.
   3.  "HEALTH CARE PRACTITIONER" SHALL MEAN ANY HEALTH CARE PRACTITIONER
 AUTHORIZED TO PROVIDE HEALTH CARE SERVICES PURSUANT TO  SECTION  TWENTY-
 FIVE HUNDRED NINETY-NINE-BB OF THIS CHAPTER OR AN INTERN OR RESIDENT WHO
 IS  EMPLOYED BY A HOSPITAL OR OTHERWISE ENROLLED IN AN ACCREDITED GRADU-
 ATE MEDICAL EDUCATION PROGRAM.
   4. "PROFESSIONAL EDUCATORS" SHALL MEAN ORGANIZATIONS PROVIDING  REPRO-
 DUCTIVE HEALTH CARE, CONTINUING EDUCATION PROGRAMS FOR QUALIFIED PROVID-
 ERS  THROUGH  PROFESSIONAL  ASSOCIATIONS  OR CLINICAL EDUCATION PROGRAMS
 THAT MEET PROFESSIONALLY RECOGNIZED TRAINING STANDARDS.
   § 2599-BB-12. ESTABLISHMENT OF THE NEW YORK  STATE  ABORTION  CLINICAL
 TRAINING  PROGRAM. 1. (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPART-
 MENT THE NEW YORK STATE  ABORTION  CLINICAL  TRAINING  PROGRAM  FOR  THE
 PURPOSE  OF  TRAINING  HEALTH  CARE  PRACTITIONERS IN THE PERFORMANCE OF
 ABORTION AND RELATED REPRODUCTIVE HEALTH CARE SERVICES. THE COMMISSIONER
 IN CONSULTATION WITH THE  STATE  EDUCATION  DEPARTMENT,  SHALL  ADOPT  A
 UNIFORM  AND  COMPREHENSIVE CURRICULUM AND MATERIALS FOR THE TRAINING OF
 HEALTH CARE PRACTITIONERS IN THE PERFORMANCE OF A FULL RANGE OF ABORTION
 AND RELATED REPRODUCTIVE HEALTH CARE SERVICES. SUCH CURRICULUM SHALL  BE
 CONSISTENT WITH EVIDENCE-BASED TRAINING STANDARDS AND SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   (I) COUNSELING AND INFORMED CONSENT;
   (II) MISCARRIAGE MANAGEMENT;
   (III) PATIENT-CENTERED CARE;
   (IV) PRE-ABORTION EVALUATION;
   (V) CONTRACEPTION AND AFTERCARE;
   (VI) TELEHEALTH DELIVERY;
   (VII) SURGICAL ABORTION; AND
   (VIII) MEDICATION ABORTION.
 A. 2439--A                          3
 
   (B)  IN  ESTABLISHING  THE  CURRICULUM  AND TRAINING MATERIALS FOR THE
 PROGRAM, THE COMMISSIONER MAY CONSULT A RANGE OF EXPERTS, INCLUDING, BUT
 NOT LIMITED  TO,  INDIVIDUALS  AND  ENTITIES  PROVIDING  ABORTION  CARE,
 ABORTION  FUNDS,  AND  OTHER  ORGANIZATIONS  WHOSE  MISSION IS TO EXPAND
 ACCESS  TO  ABORTION  CARE, TO ENSURE THE PROGRAM STRUCTURE REFLECTS THE
 NEEDS OF ABORTION PROVIDERS, ABORTION FUNDS AND CONSUMERS.
   (C) FOR PROFESSIONAL EDUCATORS CURRENTLY OPERATING AN  ABORTION  CLIN-
 ICAL  TRAINING  PROGRAM WITHIN THE STATE, THE COMMISSIONER SHALL APPROVE
 THE EXISTING CURRICULUM FOR USE SO LONG AS THE CURRICULUM MEETS  ADOPTED
 STATEWIDE STANDARDS.
   3.  (A)  THE  COMMISSIONER IS AUTHORIZED TO ENTER INTO AGREEMENTS WITH
 PROFESSIONAL  EDUCATORS  TO  FACILITATE  CLINICAL  TRAINING  RELATED  TO
 ABORTION  CARE AND OTHER RELATED REPRODUCTIVE HEALTH SERVICES AT A MINI-
 MUM OF FOUR SITES ACROSS THE STATE. IN  ENTERING  SUCH  AGREEMENTS,  THE
 COMMISSIONER SHALL CONSIDER ORGANIZATIONS THAT:
   (I) COMPLY WITH APPLICABLE STATE LAWS AND REGULATIONS;
   (II)  ARE  CAPABLE OF PROVIDING CULTURALLY CONGRUENT CARE AND IMPLICIT
 BIAS TRAINING;
   (III) HAVE  DEMONSTRATED  EXPERIENCE  IN  COORDINATING  ABORTION  CARE
 TRAINING PROGRAMS;
   (IV) HAVE SUFFICIENT PATIENT VOLUME TO ACCOMMODATE TRAINING NEEDS; AND
   (V)  PROVIDE  ABORTION AND REPRODUCTIVE HEALTH CARE SERVICES TO UNDER-
 SERVED COMMUNITIES.
   (B) PROFESSIONAL EDUCATORS SHALL NOT BE REQUIRED TO  PROVIDE  TRAINING
 IN  ALL  AREAS  OF  THE  APPROVED CURRICULUM, PROVIDED, HOWEVER, SPECIAL
 CONSIDERATION SHALL BE GIVEN TO  PROFESSIONAL  EDUCATORS  WHO  HAVE  THE
 CAPABILITY TO PROVIDE THE FULL RANGE OF ABORTION CARE AND RELATED REPRO-
 DUCTIVE HEALTH CARE SERVICES.
   (C)  THE  COMMISSIONER  MAY  ENGAGE  THE SERVICES OF A CONSULTANT ON A
 CONTRACT BASIS TO  SUPPORT  THE  ADMINISTRATION  AND  OPERATION  OF  THE
 PROGRAM.  SUCH  CONSULTANT SHALL BE A PROFESSIONAL EDUCATOR THAT HAS THE
 DEMONSTRATED ABILITY TO PROVIDE PROGRAMMATIC OVERSIGHT  ON  A  STATEWIDE
 LEVEL  INCLUDING,  BUT NOT LIMITED TO CANDIDATE SELECTION AND SCREENING,
 AND ADHERENCE TO THE APPROVED CURRICULUM AND CLINICAL STANDARDS.
   (D) EACH PROFESSIONAL EDUCATOR  RECEIVING  FUNDING  PURSUANT  TO  THIS
 PARAGRAPH  SHALL SUBMIT A WRITTEN CERTIFICATION IN SUCH FORM AND AT SUCH
 TIME AS THE COMMISSIONER SHALL PRESCRIBE, ATTESTING HOW ANY  AWARD  MADE
 WAS  USED  TO SUPPORT TRAINING HEALTH CARE PRACTITIONERS IN THE PERFORM-
 ANCE OF ABORTION AND RELATED REPRODUCTIVE HEALTH CARE  SERVICES  INCLUD-
 ING, BUT NOT LIMITED TO THE NUMBER OF HEALTH CARE PRACTITIONERS SELECTED
 FOR  TRAINING;  THE  NUMBER  OF HEALTH CARE PRACTITIONERS COMPLETING THE
 APPROVED CURRICULUM; AND THE AREAS OF THE STATE  SERVED  BY  THE  HEALTH
 CARE PRACTITIONERS SELECTED.
   (E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE COMMISSIONER SHALL BE AUTHORIZED TO RECOUP ANY AWARD MADE AND DETER-
 MINED  TO  HAVE  BEEN USED IN A MANNER INCONSISTENT WITH THE PURPOSES OF
 THE ABORTION CLINICAL TRAINING PROGRAM. THE COMMISSIONER  IS  AUTHORIZED
 TO  EMPLOY ANY LEGAL MECHANISM TO RECOUP SUCH FUNDS, INCLUDING AN OFFSET
 OF OTHER FUNDS THAT ARE OWED TO SUCH PROFESSIONAL EDUCATOR.
   4. THE COMMISSIONER SHALL AWARD AND DISTRIBUTE GRANTS TO ADDRESS PRAC-
 TICAL SUPPORT NEEDS OF ELIGIBLE HEALTH  CARE  PROVIDERS.  FUNDS  MAY  BE
 AWARDED  TO  SUPPORT  AN  ELIGIBLE HEALTH CARE PRACTITIONER IN OBTAINING
 CLINICAL EDUCATION  ON  ABORTION  CARE  AND  OTHER  REPRODUCTIVE  HEALTH
 SERVICES,  INCLUDING,  BUT  NOT LIMITED TO, FINANCIAL SUPPORT FOR TRAVEL
 AND LODGING ASSOCIATED WITH ATTENDING THE PROGRAM.
 A. 2439--A                          4
 
   5. THE COMMISSIONER SHALL PROMULGATE  RULES  AND  REGULATIONS  AS  ARE
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2599-BB-13. REPORTING.  THE  COMMISSIONER  SHALL  SUBMIT A REPORT NO
 LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF  THIS  SECTION  AND
 ANNUALLY  THEREAFTER,  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY, WHICH SHALL INCLUDE, BUT NOT  BE
 LIMITED  TO,  THE  TOTAL AMOUNT OF GRANTS ISSUED, THE NUMBER OF ELIGIBLE
 PARTICIPANTS, THE NUMBER OF ELIGIBLE PROVIDERS, AND THE  REGION  OF  THE
 STATE  WHERE  THE  ELIGIBLE  PROVIDERS  ARE LOCATED. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, THE COMMISSIONER SHALL NOT REPORT  ANY  INFORMA-
 TION  RELATED TO IDENTIFYING INFORMATION OF ELIGIBLE PARTICIPANTS IN THE
 PROGRAM.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date  upon which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2439--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  SEAWRIGHT,  GONZALEZ-ROJAS, REYES,
   BURDICK,  PAULIN,  SIMON,  WOERNER,  LEVENBERG,  KELLES,   CUNNINGHAM,
   DE LOS SANTOS,  OTIS,  GLICK,  McMAHON, TAPIA, RAGA, SIMONE, SHRESTHA,
   JACOBSON, ROSENTHAL, SHIMSKY, LEE, WEPRIN,  LAVINE,  MAMDANI,  HEVESI,
   FORREST,  LASHER,  CRUZ,  GALLAGHER  --  read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the public health law, in relation to enacting the New
   York state abortion clinical training program act
 
   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 article
 25-AA to read as follows:
                               ARTICLE 25-AA
           NEW YORK STATE ABORTION CLINICAL TRAINING PROGRAM ACT
 SECTION 2599-BB-10. POLICY AND PURPOSE.
         2599-BB-11. DEFINITIONS.
         2599-BB-12. ESTABLISHMENT OF THE NEW YORK STATE  ABORTION  CLIN-
                       ICAL TRAINING PROGRAM.
         2599-BB-13. REPORTING.
   § 2599-BB-10. POLICY  AND  PURPOSE.  1.  NEW  YORK  HAS LONG HELD THAT
 COMPREHENSIVE REPRODUCTIVE HEALTH CARE IS  A  FUNDAMENTAL  COMPONENT  OF
 EVERY  INDIVIDUAL'S  HEALTH,  PRIVACY  AND  EQUALITY, AND THAT ACCESS TO
 REPRODUCTIVE HEALTH CARE SERVICES IS INTEGRAL TO THEIR ABILITY TO CHOOSE
 TO CARRY A PREGNANCY TO TERM, TO GIVE BIRTH TO A CHILD, OR  TO  HAVE  AN
 ABORTION.
   2.  ABORTION  CARE  IS  PROVIDED  IN  HOSPITALS,  CLINICS, AND PRIVATE
 MEDICAL PRACTICES ACROSS THE STATE, WITH A MAJORITY OF THIS CARE  DELIV-
 ERED BY COMMUNITY-BASED PROVIDERS. HOWEVER, GROWING MATERNAL HEALTH CARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04174-06-5
              

 A. 2439--B                          2
 
 DESERTS HAVE MADE IT DIFFICULT FOR INDIVIDUALS TO ACCESS THIS VITAL FORM
 OF  CARE.  THE  NEED  FOR  ABORTION CARE CONTINUES TO INCREASE WHILE THE
 NUMBER OF PROVIDERS TRAINED TO  PERFORM  THESE  SERVICES  IS  DECLINING.
 ALTHOUGH  THERE  ARE COMMUNITY-BASED ABORTION FACILITIES IN EVERY REGION
 OF THE STATE, ONLY SEVEN OUT OF TEN REGIONS HAVE COMMUNITY-BASED FACILI-
 TIES THAT PERFORM ABORTION CARE BEYOND FIFTEEN WEEKS  OF  PREGNANCY.  IN
 THREE  REGIONS,  ONLY  TWO FACILITIES PROVIDE ABORTION CARE UP TO TWENTY
 WEEKS OF PREGNANCY. THIS HAS RESULTED IN PREGNANT PEOPLE HAVING TO TRAV-
 EL FURTHER, AND IN SOME CASES OUT OF STATE, TO ACCESS  CARE,  ESPECIALLY
 LATER IN PREGNANCY.
   3.  WHILE  ANY  PHYSICIAN AND HEALTH CARE PRACTITIONER LICENSED BY THE
 STATE WITH ABORTION IN THEIR SCOPE OF PRACTICE IS AUTHORIZED TO  PROVIDE
 THIS  CARE  UNDER LAW, THERE IS NO STRUCTURED TRAINING PROGRAM AVAILABLE
 TO THEM FOR THIS PURPOSE.
   4. NEW YORK IS IN A STRONG POSITION TO ADDRESS THE TRAINING  NEEDS  OF
 THESE INDIVIDUALS BY ESTABLISHING A STATEWIDE ABORTION CLINICAL TRAINING
 PROGRAM.  THERE  ARE  MULTIPLE  ABORTION  PROVIDERS WHO ARE EXPERIENCED,
 UTILIZE INNOVATIVE ABORTION CARE PROCEDURES, AND INTERESTED IN  TRAINING
 THEIR PEERS BUT REQUIRE FUNDING TO DO SO.
   5.  IT  IS THE PURPOSE OF THIS ARTICLE TO CREATE NEW TRAINING OPPORTU-
 NITIES FOR NEW  YORK  HEALTH  CARE  PRACTITIONERS  IN  THE  DELIVERY  OF
 ABORTION  CARE THROUGH SUCH A PROGRAM, THEREBY PROTECTING EVERY INDIVID-
 UAL'S RIGHT TO HEALTH, PRIVACY AND EQUALITY.
   § 2599-BB-11. DEFINITIONS. AS USED  IN  THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ABORTION"  SHALL  MEAN THE TERMINATION OF A PREGNANCY PURSUANT TO
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS CHAPTER.
   2. "HEALTH CARE SERVICES" SHALL MEAN THE RANGE OF CARE RELATED TO  THE
 PROVISION  OF  ABORTION  PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-
 NINE-BB OF THIS CHAPTER.
   3. "HEALTH CARE PRACTITIONER" SHALL MEAN ANY HEALTH CARE  PRACTITIONER
 AUTHORIZED  TO  PROVIDE HEALTH CARE SERVICES PURSUANT TO SECTION TWENTY-
 FIVE HUNDRED NINETY-NINE-BB OF THIS CHAPTER OR AN INTERN OR RESIDENT WHO
 IS EMPLOYED BY A HOSPITAL OR OTHERWISE ENROLLED IN AN ACCREDITED  GRADU-
 ATE MEDICAL EDUCATION PROGRAM.
   4.  "PROFESSIONAL EDUCATORS" SHALL MEAN ORGANIZATIONS PROVIDING REPRO-
 DUCTIVE HEALTH CARE, CONTINUING EDUCATION PROGRAMS FOR QUALIFIED PROVID-
 ERS THROUGH PROFESSIONAL ASSOCIATIONS  OR  CLINICAL  EDUCATION  PROGRAMS
 THAT MEET PROFESSIONALLY RECOGNIZED TRAINING STANDARDS.
   § 2599-BB-12. ESTABLISHMENT  OF  THE  NEW YORK STATE ABORTION CLINICAL
 TRAINING PROGRAM. 1. (A) THERE IS HEREBY ESTABLISHED WITHIN THE  DEPART-
 MENT  THE  NEW  YORK  STATE  ABORTION  CLINICAL TRAINING PROGRAM FOR THE
 PURPOSE OF TRAINING HEALTH CARE  PRACTITIONERS  IN  THE  PERFORMANCE  OF
 ABORTION AND RELATED REPRODUCTIVE HEALTH CARE SERVICES. THE COMMISSIONER
 IN  CONSULTATION  WITH  THE  STATE  EDUCATION  DEPARTMENT, SHALL ADOPT A
 COMPREHENSIVE CURRICULUM AND COMPETENCY BASED-STANDARDS FOR THE TRAINING
 OF HEALTH CARE PRACTITIONERS IN THE  PERFORMANCE  OF  A  FULL  RANGE  OF
 ABORTION  AND RELATED REPRODUCTIVE HEALTH CARE SERVICES. SUCH CURRICULUM
 AND STANDARDS SHALL BE CONSISTENT WITH EVIDENCE-BASED  TRAINING  METHODS
 AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) COUNSELING AND INFORMED CONSENT;
   (II) MISCARRIAGE MANAGEMENT;
   (III) PATIENT-CENTERED CARE;
   (IV) PRE-ABORTION EVALUATION;
   (V) CONTRACEPTION AND AFTERCARE;
   (VI) TELEHEALTH DELIVERY;
 A. 2439--B                          3
 
   (VII) PROCEDURAL ABORTION;
   (VIII) MEDICATION ABORTION; AND
   (IX) POTENTIAL COMPLICATIONS AND REQUIRED CARE.
   (B) THE COMMISSIONER SHALL UPDATE THE ADOPTED CURRICULUM AND STANDARDS
 AT LEAST EVERY FIVE YEARS.
   (C)  THE COMMISSIONER SHALL CONSULT A RANGE OF EXPERTS, INCLUDING, BUT
 NOT LIMITED  TO,  INDIVIDUALS  AND  ENTITIES  PROVIDING  ABORTION  CARE,
 ABORTION  FUNDS,  AND  OTHER  ORGANIZATIONS  WHOSE  MISSION IS TO EXPAND
 ACCESS TO ABORTION CARE, TO ENSURE THE PROGRAM  STRUCTURE  REFLECTS  THE
 NEEDS  OF ABORTION PROVIDERS, ABORTION FUNDS AND CONSUMERS IN DEVELOPING
 THE INITIAL CURRICULUM AND STANDARDS AND ALL SUBSEQUENT UPDATES.
   (D) FOR PROFESSIONAL EDUCATORS CURRENTLY OPERATING AN  ABORTION  CLIN-
 ICAL TRAINING PROGRAM WITHIN THE STATE AND SELECTED BY THE DEPARTMENT TO
 FACILITATE  TRAINING THROUGH THE PROGRAM, THE COMMISSIONER SHALL APPROVE
 THE EXISTING CURRICULUM FOR USE IN THE NEW YORK STATE ABORTION  CLINICAL
 TRAINING PROGRAM SO LONG AS THE CURRICULUM MEETS ADOPTED STATEWIDE STAN-
 DARDS.
   3.  (A)  THE  COMMISSIONER IS AUTHORIZED TO ENTER INTO AGREEMENTS WITH
 PROFESSIONAL  EDUCATORS  TO  FACILITATE  CLINICAL  TRAINING  RELATED  TO
 ABORTION  CARE AND OTHER RELATED REPRODUCTIVE HEALTH SERVICES AT A MINI-
 MUM OF FOUR SITES ACROSS THE STATE. IN  ENTERING  SUCH  AGREEMENTS,  THE
 COMMISSIONER SHALL CONSIDER ORGANIZATIONS THAT:
   (I) COMPLY WITH APPLICABLE STATE LAWS AND REGULATIONS;
   (II)  ARE  CAPABLE OF PROVIDING CULTURALLY CONGRUENT CARE AND IMPLICIT
 BIAS TRAINING;
   (III) HAVE  DEMONSTRATED  EXPERIENCE  IN  COORDINATING  ABORTION  CARE
 TRAINING PROGRAMS; AND
   (IV) HAVE SUFFICIENT PATIENT VOLUME TO ACCOMMODATE TRAINING NEED.
   (B)  PROFESSIONAL  EDUCATORS SHALL NOT BE REQUIRED TO PROVIDE TRAINING
 IN ALL AREAS OF THE  APPROVED  CURRICULUM,  PROVIDED,  HOWEVER,  SPECIAL
 CONSIDERATION  SHALL  BE  GIVEN  TO  PROFESSIONAL EDUCATORS WHO HAVE THE
 CAPABILITY TO PROVIDE THE FULL RANGE OF ABORTION CARE AND RELATED REPRO-
 DUCTIVE HEALTH CARE SERVICES.
   (C) THE COMMISSIONER MAY ENGAGE THE SERVICES  OF  A  CONSULTANT  ON  A
 CONTRACT  BASIS  TO  SUPPORT  THE  ADMINISTRATION  AND  OPERATION OF THE
 PROGRAM. SUCH CONSULTANT SHALL BE A PROFESSIONAL EDUCATOR THAT  HAS  THE
 DEMONSTRATED  ABILITY  TO  PROVIDE PROGRAMMATIC OVERSIGHT ON A STATEWIDE
 LEVEL INCLUDING, BUT NOT LIMITED TO CANDIDATE SELECTION  AND  SCREENING,
 AND ADHERENCE TO THE APPROVED CURRICULUM AND CLINICAL STANDARDS.
   (D)  EACH  PROFESSIONAL  EDUCATOR  RECEIVING  FUNDING PURSUANT TO THIS
 PARAGRAPH SHALL SUBMIT A WRITTEN CERTIFICATION IN SUCH FORM AND AT  SUCH
 TIME  AS  THE COMMISSIONER SHALL PRESCRIBE, ATTESTING HOW ANY AWARD MADE
 WAS USED TO SUPPORT TRAINING HEALTH CARE PRACTITIONERS IN  THE  PERFORM-
 ANCE  OF  ABORTION AND RELATED REPRODUCTIVE HEALTH CARE SERVICES INCLUD-
 ING, BUT NOT LIMITED TO THE NUMBER OF HEALTH CARE PRACTITIONERS SELECTED
 FOR TRAINING; THE NUMBER OF HEALTH  CARE  PRACTITIONERS  COMPLETING  THE
 TRAINING;  AND  THE AREAS OF THE STATE SERVED BY THE HEALTH CARE PRACTI-
 TIONERS SELECTED.
   (E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE COMMISSIONER SHALL BE AUTHORIZED TO RECOUP ANY AWARD MADE AND DETER-
 MINED TO HAVE BEEN USED IN A MANNER INCONSISTENT WITH  THE  PURPOSES  OF
 THE  ABORTION  CLINICAL TRAINING PROGRAM. THE COMMISSIONER IS AUTHORIZED
 TO EMPLOY ANY LEGAL MECHANISM TO RECOUP SUCH FUNDS, INCLUDING AN  OFFSET
 OF OTHER FUNDS THAT ARE OWED TO SUCH PROFESSIONAL EDUCATOR.
 A. 2439--B                          4
 
   4.  THE COMMISSIONER SHALL PRIORITIZE ELIGIBLE HEALTH CARE PRACTITION-
 ERS  WHO  WILL  PROVIDE  ABORTION  AND  RELATED REPRODUCTIVE HEALTH CARE
 SERVICES TO UNDERSERVED COMMUNITIES IN THE STATE TO RECEIVE TRAINING.
   5. THE COMMISSIONER SHALL AWARD AND DISTRIBUTE GRANTS TO ADDRESS PRAC-
 TICAL  SUPPORT  NEEDS  OF  ELIGIBLE  HEALTH CARE PROVIDERS. FUNDS MAY BE
 AWARDED TO SUPPORT AN ELIGIBLE HEALTH  CARE  PRACTITIONER  IN  OBTAINING
 CLINICAL  EDUCATION  ON  ABORTION  CARE  AND  OTHER  REPRODUCTIVE HEALTH
 SERVICES, INCLUDING, BUT NOT LIMITED TO, FINANCIAL  SUPPORT  FOR  TRAVEL
 AND LODGING ASSOCIATED WITH ATTENDING THE PROGRAM.
   6.  THE  COMMISSIONER  SHALL  PROMULGATE  RULES AND REGULATIONS AS ARE
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   7. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED  TO  LIMIT  OR  RESTRICT
 ABORTION  TRAINING  THAT OCCURS WITHIN NEW YORK STATE SEPARATE AND APART
 FROM THE NEW YORK STATE ABORTION CLINICAL TRAINING PROGRAM.
   § 2599-BB-13. REPORTING. THE COMMISSIONER SHALL  SUBMIT  A  REPORT  NO
 LATER  THAN  TWELVE  MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION AND
 ANNUALLY THEREAFTER, TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE  AND THE SPEAKER OF THE ASSEMBLY, WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE TOTAL AMOUNT OF GRANTS ISSUED, THE  NUMBER  OF  ELIGIBLE
 PARTICIPANTS,  THE  NUMBER  OF ELIGIBLE PROVIDERS, AND THE REGION OF THE
 STATE WHERE THE ELIGIBLE  PROVIDERS  ARE  LOCATED.  NOTWITHSTANDING  ANY
 OTHER  PROVISION OF LAW, THE COMMISSIONER SHALL NOT REPORT ANY IDENTIFY-
 ING INFORMATION OF ELIGIBLE PARTICIPANTS IN THE PROGRAM.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date  upon which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.