NY State Senate Bill 2025-S1438

Current Bill Status - In Senate Committee Health 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 09, 2025	referred to health

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2025-S1438 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 25-AA §§2599-bb-10 - 2599-bb-13, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S3060

2025-S1438 (ACTIVE) - Summary

Establishes the New York state abortion clinical training program within the department of health for the purpose of training health care practitioners in the performance of abortion and related reproductive health care services; requires the commissioner of health to submit a report to the governor and the legislature.

2025-S1438 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1438

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the New
York state abortion clinical training program act

 
PURPOSE:

To establish the New York State abortion clinical training program in
order to ensure that there is an adequate number of health care practi-
tioners who are trained in performing a full range of abortion and
related reproductive health care services, thereby protecting every
individual's right to health, privacy, and equality.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new Article 25-AA to the Public Health Law entitled
"New York State Abortion Clinical Training Program Act."  Adds a new
section 2599-bb-10 to Article 25-AA of the Public Health Law entitled
"Policy and purpose." Establishes the policy and purpose of the Act.

Adds a new section 2599-bb-11 to Article 25-AA of the Public Health Law
entitled "Definitions." Provides definitions of "abortion," "health care
services," "health care practitioner," and "professional educators."

Adds a new section 2599-bb-12 to Article 25-AA of the Public Health Law
entitled "Establishment of the New York state abortion clinical training
program." Establishes the New York State abortion clinical training
program within the Department of Health. Directs the Commissioner of
Health in consultation with the NY State Education Department to adopt a
uniform and comprehensive curriculum that covers a full range of
abortion and related reproductive health care services. Authorizes the
Health Commissioner to enter into agreements with professional educators
to facilitate clinical training at a minimum of four sites across the
state. Establishes requirements for training sites to provide written
certification of fund utilization and training outcomes. Directs the
Health Commissioner to award grants to address practical support needs
of eligible health care providers.

Adds a new section 2599-bb-13 to Article 25-AA of the Public Health Law
entitled "Reporting." Directs the Health Commissioner to submit annual
reports that include, but are not limited to, information on the number
of eligible providers and the region of the state where they are
located. Reports shall not include identifying information of eligible
participants in the program.

Section 2: Establishes the effective date. 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 necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

 
JUSTIFICATION:

The State of New York is committed to making abortion services accessi-
ble to residents and individuals who travel here from other states for
care. Although a majority of abortion care is performed through medica-
tion abortion, standard reproductive health care procedures are also
utilized as necessary to perform abortions, depending on an individual's
medical case. It is critical, therefore, that New York maintain an
adequate number of health care practitioners who are trained in perform-
ing a full range of abortion and related reproductive health care
services.

Establishment of a state abortion clinical training program is vital and
will help to address current provider shortages and training needs that
exist in New York, as well as help to address training needs that have
arisen nationwide following the Dobbs decision. The State of New York
has shortages in abortion providers who are geographically accessible
and able to perform a full range of abortion services. There is a great-
er concentration of abortion providers in the Downstate region; nonethe-
less, there is a shortage of health care practitioners who provide
abortion care later in pregnancy. Many individuals in other parts of the
State are unable to access abortion care in their communities, partic-
ularly in rural areas. Although there are community-based abortion
facilities in every region of the state, only 7 out of 10 regions have
community-based facilities that perform abortion care beyond 15 weeks of
pregnancy. In 3 regions, only 2 facilities provide abortion care up to
20 weeks of pregnancy. As a result, many individuals have to travel
further, and in some cases have to leave the state, to access care.

Under New York State law, physicians and advanced practice clinicians
(APCs) - physician assistants, nurse practitioners, and licensed
midwives - are authorized to perform abortion care within their scope of
practice, but access to training in performing abortion services is not
available to most of the medical specialties. For example, NYS-licensed
APCs were authorized to perform abortion care within their scope of
practice in 2017; however, structured training programs have not been
available. There are licensed physicians such as Family Medicine Physi-
cians, Primary Care Physicians, Emergency Room Physicians, and Pediatri-
cians who would integrate abortion and miscarriage management care into
their practices, or expand their reproductive health care services, but
they have not had access to the necessary training. Although OB/GYN
residents generally have access to training in performing abortion care,
training opportunities may be lacking. Family Medicine residents have
limited access to training in abortion care.

States with abortion bans are experiencing a training crisis, as OB/GYN
residents have extremely limited access to training in performing
abortion care. Since the Dobbs ruling, 70 percent of medical students
are completing residencies in abortion restrictive states according to
analysis published by The Lancet. Although the New York State abortion
clinical training program will prioritize in-state training needs,
medical residents visiting from other states may be eligible to receive
training.

There is a clear need for a structured state abortion clinical training
program that will enable APCs, licensed physicians, and OB/GYN and Fami-
ly Medicine residents to receive the training they need to integrate
abortion care into their practices. This critical training initiative
will help to address abortion care deserts throughout New York and
ensure there is an adequate number of health care practitioners who are
trained in performing a full range of abortion and related reproductive
health care services.
 
LEGISLATIVE HISTORY:

2023-2024: S.3060B/A.3279C (Epstein) - Referred to Health

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
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 necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2025-S1438 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1438
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BRISPORT,  BROUK,  FERNANDEZ, GONZALEZ,
   HINCHEY, HOYLMAN-SIGAL, JACKSON, MAYER, SALAZAR, WEBB  --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on Health
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04174-02-5

 S. 1438                             2
 
 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.  1.  AS USED IN THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ABORTION" SHALL MEAN THE TERMINATION OF A PREGNANCY  PURSUANT  TO
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS CHAPTER.
   (B) "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.
   (C) "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.
   (D) "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.
   (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,
 S. 1438                             3
 
 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.
   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
 S. 1438                             4
 
 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.

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Senate Bill S1438

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S1438 (ACTIVE) - Details

2025-S1438 (ACTIVE) - Summary

2025-S1438 (ACTIVE) - Sponsor Memo

2025-S1438 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1438

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S1438 (ACTIVE) - Details

2025-S1438 (ACTIVE) - Summary

2025-S1438 (ACTIVE) - Sponsor Memo

2025-S1438 (ACTIVE) - Bill Text download pdf

Comments