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.