BILL NUMBER: S2533A
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the public health law, the education law and the insur-
ance law, in relation to the dispensing of abortion medication
 
PURPOSE:
To improve the accessibility of abortion medication
 
SUMMARY OF PROVISIONS:
Section one of the bill adds a new section to public health law to
authorize the commissioner of health to establish a non-patient specific
order for dispensing abortion medication.
Section two of the bill amends section 6527 of the education law to
allow a licensed physician to prescribe and order a non-patient specific
order to a registered professional nurse or pharmacist licensed and
located in this state for dispensing abortion medication.
Section three of the bill amends the education law to define "abortion
medication."
Section four of the bill amends section 6801 of the education law to
allow a licensed pharmacist to execute a non-patient specific order for
the dispensing of abortion medication when prescribed or ordered by the
commissioner of health, a physician licensed in this state, or a nurse
practitioner certified in this state. It further provides that prior to
dispensing, the pharmacist must provide a risk assessment questionnaire,
developed by the Commissioner of Health, in consultation with the
Commissioner of Education. The pharmacist must also provide the patient
with a fact sheet developed by the Commissioner of Health, in consulta-
tion with the Commissioner of Education. Lastly, this section also
requires pharmacists to receive training satisfactory to the Commission-
er of Education and makes it clear that pharmacists retain the ability
to refuse to dispense a prescription if in their professional judgment,
potential adverse effects, interactions or other therapeutic compli-
cations could endanger the health of the patient.
Section five amends section 6902 of the education law to allow a regis-
tered professional nurse to execute a non-patient specific order for the
dispensing of abortion medication when prescribed or ordered by the
commissioner of health, a physician licensed in this state, or a nurse
practitioner certified in this state. This section mirrors the prior
section in relation to the risk assessment, fact sheet, and the ability
to refuse to dispense abortion medication.
Section six amends section 6909 of the education law to allow a certi-
fied nurse practitioner to prescribe or order a non-patient specific
order to a registered professional nurse or pharmacist licensed and
located in the state for dispensing abortion medication.
Sections seven, eight, and nine, amend the insurance law to allow for
coverage of abortion medication without cost-sharing.
Section ten provides the effective date.
 
JUSTIFICATION:
In 2023, the Food and Drug Administration (FDA) made a regulatory change
that would allow medication commonly used for medication abortion to be
offered in retail pharmacies. This new rule would still require patients
to have a prescription from a certified healthcare provider, but it
greatly broadens the availability of abortion pills. While this is an
important step forward, those seeking the medication in New York will
still face access barriers when trying to obtain a prescription from a
licensed physician.
While current NYS law allows abortion medication to be prescribed by a
licensed physician, a certified nurse practitioner or properly licensed
midwife, this bill vastly expands access by allowing these healthcare
professionals to prescribe a non-patient specific order of abortion
medication to be dispensed by a local pharmacist or registered profes-
sional nurse. Allowing pharmacists to dispense this medication will help
address access disparities for many New Yorkers, especially marginalized
populations, who are more likely to live closer to a pharmacy than a
physician's office. Similarly, allowing RNs to dispense this medication
will expand access on health centers on college campuses in the state.
In 2021, over half of abortions in the United States were medication
abortions. The FDA has found that medication abortion is safe and effec-
tive, with a 0.4% risk of major complications and an associated mortal-
ity rate of less than 0.001 percent. The medication comes with no risk
of overdose or addiction. Further, individuals have accessed these pills
without a prescription and safely induced abortion in countries like
India and Mexico for years.
Not only has abortion medication been proven safe and effective to
induce abortions up to 10 weeks into a pregnancy, but doctors also often
prescribe this same safe and effective regimen for early pregnancy loss,
as it helps expel a miscarriage. By limiting an individual's access to
this medication, we are preventing people from receiving the care they
need at the time they need it most.
 
LEGISLATIVE HISTORY:
2023-2024: S.7691 (May) / A.6835 (Paulin)
 
FISCAL:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law; provided, however, that sections eight, nine and ten of this act
shall apply to policies and contracts issued, renewed, modified, altered
or amended on or after such effective date. 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.

Statutes affected:
S2533: 6527 education law, 6802 education law, 6801 education law, 6902 education law, 6909 education law, 6951 education law, 3216 insurance law, 3221 insurance law, 4303 insurance law
S2533A: 6527 education law, 6802 education law, 6801 education law, 6902 education law, 6909 education law, 3216 insurance law, 3221 insurance law, 4303 insurance law