Bill Text: NY A06835 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2024-01-03 - referred to higher education [A06835 Detail]

Download: New_York-2023-A06835-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6835

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       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:

     1    Section  1.  The  public health law is amended by adding a new section
     2  267-a to read as follows:
     3    § 267-a. Abortion medication. The commissioner is authorized to estab-
     4  lish a non-patient specific order, consistent with sections  sixty-eight
     5  hundred  one  and  sixty-nine  hundred  two  of  the  education law, for
     6  dispensing abortion medication as defined in section sixty-eight hundred
     7  two of the education law.
     8    § 2. Section 6527 of the education law is  amended  by  adding  a  new
     9  subdivision 11 to read as follows:
    10    11. A licensed physician may prescribe and order a non-patient specif-
    11  ic  order  to a registered professional nurse or pharmacist licensed and
    12  located in this  state,  pursuant  to  regulations  promulgated  by  the
    13  commissioner,  and  consistent  with  section sixty-eight hundred one of
    14  this title, for dispensing abortion medication  as  defined  in  section
    15  sixty-eight hundred two of this title.
    16    §  3.  Section  6802  of  the education law is amended by adding a new
    17  subdivision 29 to read as follows:
    18    29. "Abortion medication" means any medication approved by the federal
    19  Food and Drug Administration for the purposes of  inducing  abortion  or
    20  expelling a miscarriage.
    21    §  4.  Section  6801  of  the education law is amended by adding a new
    22  subdivision 9 to read as follows:
    23    9. (a) A licensed pharmacist may execute a non-patient specific  order
    24  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

     1  commissioner of health, a licensed midwife, a physician licensed in this
     2  state, or a nurse practitioner certified in this state pursuant to rules
     3  and regulations promulgated by the commissioner.
     4    (b)  Prior to dispensing abortion medication to a patient, the pharma-
     5  cist shall:
     6    (i) provide the patient with a self-screening  risk  assessment  ques-
     7  tionnaire,  developed by the commissioner of health in consultation with
     8  the commissioner, to be reviewed by the pharmacist to identify any known
     9  risk factors; and
    10    (ii) provide the patient with a fact sheet, developed by  the  commis-
    11  sioner  of  health  that  includes  but  is not limited to, the clinical
    12  considerations and recommendations for use of abortion  medication,  the
    13  appropriate  method  for  using  abortion medication, information on the
    14  importance of follow-up health care, health care  referral  information,
    15  and  the  ability  of  the  patient to opt out of practitioner reporting
    16  requirements.
    17    (c) No pharmacist shall dispense abortion medication under this subdi-
    18  vision without receiving training satisfactory to the commissioner.
    19    (d) A pharmacist shall notify the patient's primary health care  prac-
    20  titioner,  unless  the  patient  opts  out  of such notification, within
    21  seventy-two hours of dispensing abortion medication, that  such  medica-
    22  tion  has  been dispensed. If the patient does not have a primary health
    23  care practitioner or is unable to provide contact information for  their
    24  primary  health  care  practitioner,  the  pharmacist  shall provide the
    25  patient with a written record of the abortion medication dispensed,  and
    26  advise the patient to consult an appropriate health care practitioner.
    27    (e) Nothing in this subdivision shall prevent a pharmacist from refus-
    28  ing  to  dispense  a  non-patient  specific order of abortion medication
    29  pursuant to this subdivision if, in their professional judgment,  poten-
    30  tial  adverse  effects,  interactions or other therapeutic complications
    31  could endanger the health of the patient.
    32    § 5. Section 6902 of the education law is  amended  by  adding  a  new
    33  subdivision 4 to read as follows:
    34    4.  (a)  A  registered  professional  nurse  may execute a non-patient
    35  specific order for the dispensing of abortion medication, as defined  in
    36  section  sixty-eight hundred two of this title, prescribed or ordered by
    37  the commissioner of health, a licensed midwife, a physician licensed  in
    38  this  state, or a nurse practitioner certified in this state pursuant to
    39  rules and regulations promulgated by the commissioner.
    40    (b) Prior to dispensing abortion medication to a patient, a registered
    41  professional nurse shall:
    42    (i) provide the patient with a self-screening  risk  assessment  ques-
    43  tionnaire,  developed by the commissioner of health in consultation with
    44  the commissioner, to be reviewed by the registered professional nurse to
    45  identify any known risk factors; and
    46    (ii) provide the patient with a fact sheet, developed by  the  commis-
    47  sioner  of  health  that  includes  but  is not limited to, the clinical
    48  considerations and recommendations for use of abortion  medication,  the
    49  appropriate  method  for  using  abortion medication, information on the
    50  importance of follow-up health care, health care  referral  information,
    51  and  the  ability  of  the  patient to opt out of practitioner reporting
    52  requirements.
    53    (c) No registered professional nurse shall dispense  abortion  medica-
    54  tion  under  this subdivision without receiving training satisfactory to
    55  the commissioner.
        A. 6835                             3

     1    (d) A registered professional nurse shall notify the patient's primary
     2  health care practitioner, unless the patient opts out of such  notifica-
     3  tion,  within  seventy-two hours of dispensing abortion medication, that
     4  such medication has been dispensed. If  the  patient  does  not  have  a
     5  primary  health care practitioner or is unable to provide contact infor-
     6  mation for  their  primary  health  care  practitioner,  the  registered
     7  professional  nurse  shall  provide the patient with a written record of
     8  the abortion medication dispensed, and advise the patient to consult  an
     9  appropriate health care practitioner.
    10    (e)  Nothing  in  this  subdivision shall prevent a registered profes-
    11  sional nurse from refusing to dispense a non-patient specific  order  of
    12  abortion  medication  pursuant  to this subdivision if, in their profes-
    13  sional judgment, potential adverse effects, interactions or other thera-
    14  peutic complications could endanger the health of the patient.
    15    § 6. Section 6909 of the education law is  amended  by  adding  a  new
    16  subdivision 11 to read as follows:
    17    11.  A  certified nurse practitioner may prescribe and order a non-pa-
    18  tient specific order to a registered professional  nurse  or  pharmacist
    19  licensed  and located in this state, pursuant to regulations promulgated
    20  by the commissioner, and consistent with  sections  sixty-eight  hundred
    21  one  and  sixty-nine  hundred two of this title, for dispensing abortion
    22  medication as defined in section sixty-eight hundred two of this title.
    23    § 7. Section 6951 of the education law is  amended  by  adding  a  new
    24  subdivision 4 to read as follows:
    25    4.  A  licensed midwife may prescribe and order a non-patient specific
    26  order to a registered professional  nurse  or  pharmacist  licensed  and
    27  located  in  this  state,  pursuant  to  regulations  promulgated by the
    28  commissioner and consistent with section  sixty-eight  hundred  one  and
    29  section  sixty-nine  hundred  two of this title, for dispensing abortion
    30  medication as defined in section sixty-eight hundred two of this title.
    31    § 8. Section 3216 of the insurance law is  amended  by  adding  a  new
    32  subsection (n) to read as follows:
    33    (n)  Any  policy  under  this  article  that covers contraception when
    34  provided pursuant to a prescription shall cover abortion  medication  as
    35  defined in subdivision twenty-nine of section sixty-eight hundred two of
    36  the education law, when provided pursuant to an ordinary prescription or
    37  order under section sixty-eight hundred one or sixty-nine hundred two of
    38  the  education  law  and  when  lawfully  provided  other than through a
    39  prescription or order.
    40    § 9. Section 3221 of the insurance law is  amended  by  adding  a  new
    41  subsection (u) to read as follows:
    42    (u)  Any  policy  under  this  article  that covers contraception when
    43  provided pursuant to a prescription, shall cover abortion medication  as
    44  defined in subdivision twenty-nine of section sixty-eight hundred two of
    45  the education law, when provided pursuant to an ordinary prescription or
    46  order under section sixty-eight hundred one or sixty-nine hundred two of
    47  the  education  law  and  when  lawfully  provided  other than through a
    48  prescription or order.
    49    § 10. Section 4303 of the insurance law is amended  by  adding  a  new
    50  subsection (vv) to read as follows:
    51    (vv)  Any  policy  under  this  article that covers contraception when
    52  provided pursuant to a prescription, shall cover abortion medication  as
    53  defined in subdivision twenty-nine of section sixty-eight hundred two of
    54  the education law, when provided pursuant to an ordinary prescription or
    55  order under section sixty-eight hundred one or sixty-nine hundred two of
        A. 6835                             4

     1  the  education  law  and  when  lawfully  provided  other than through a
     2  prescription or order.
     3    §  11.  This act shall take effect eighteen months after it shall have
     4  become a law; provided, however, that sections eight, nine  and  ten  of
     5  this  act  shall  apply to policies and contracts issued, renewed, modi-
     6  fied, altered or amended on or after such  effective  date.    Effective
     7  immediately,  the addition, amendment and/or repeal of any rule or regu-
     8  lation necessary for the implementation of this  act  on  its  effective
     9  date are authorized to be made and completed on or before such effective
    10  date.