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.