Assembly Bill A9217

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9217
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to excluding certain medica-
   tion from being deemed unlawful to prescribe or dispense; and to amend
   the education law, in relation to excluding  certain  medication  from
   being deemed misbranded

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 178.00 of the penal law, as  added
 by chapter 81 of the laws of 1995, is amended to read as follows:
   3. (A) "Criminal diversion act" means an act or acts in which a person
 knowingly:
   [(a)] (I) transfers or delivers, in exchange for anything of pecuniary
 value,  a prescription medication or device with knowledge or reasonable
 grounds to know that the recipient has no medical need for it; or
   [(b)] (II) receives, in exchange for anything of  pecuniary  value,  a
 prescription  medication  or device with knowledge or reasonable grounds
 to know that the seller or transferor is not authorized by law  to  sell
 or transfer such prescription medication or device; or
   [(c)]  (III)  transfers  or  delivers  a  prescription in exchange for
 anything of pecuniary value; or
   [(d)] (IV) receives a prescription in exchange for anything of pecuni-
 ary value.
   (B) THE PRESCRIBING, DISPENSING, OR RECEIPT OF BRAND NAME  OR  GENERIC
 MIFEPRISTONE  OR  ANY  DRUG  USED  FOR  MEDICATION ABORTION SHALL NOT BE
 CONSIDERED A CRIMINAL DIVERSION ACT  FOR  PURPOSES  OF  THIS  DEFINITION
 SOLELY  BECAUSE  IT  IS  NO LONGER APPROVED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION OR BECAUSE IT NO LONGER  BEARS  THE  LABEL  CURRENTLY  IN
 EFFECT, PROVIDED THAT:
   (I) ITS LABELING WAS TRUE AND ACCURATE AT THE TIME OF MANUFACTURE; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13908-02-5
 A. 9217                             2
              

 
   (II)  THE  DRUG  IS  RECOMMENDED  FOR  THE  PURPOSE  FOR  WHICH IT WAS
 PRESCRIBED UNDER WORLD HEALTH ORGANIZATION GUIDELINES THAT  ARE  CURRENT
 AT THE TIME OF PRESCRIBING OR DISPENSING.
   §  2. Subdivision 13 of section 6802 of the education law, as added by
 chapter 987 of the laws of 1971, is amended to read as follows:
   13. "Misbranding". A. If a drug, device or cosmetic is alleged  to  be
 misbranded because the labeling is misleading, or if an advertisement is
 alleged to be false because it is misleading then in determining whether
 the  labeling  or  advertisement is misleading there shall be taken into
 account (among other things) not only representations made or  suggested
 by  statement,  word,  design, device, sound or any combination thereof,
 but also the extent to which the labeling fails to reveal facts material
 in the light of such representations or material with respect to  conse-
 quences  which  may result from the use of the drug, device, or cosmetic
 to which the labeling or advertising relates under the conditions of use
 prescribed in the labeling or advertising thereof or under  such  condi-
 tions of use as are customary or usual.
   B.  No drug, device or cosmetic which is subject to, and complies with
 regulations promulgated under the provisions of the federal food,  drug,
 and  cosmetic  act,  relating  to  adulteration and misbranding shall be
 deemed to be adulterated or misbranded in violation of the provisions of
 this article because of its failure to comply  with  the  board's  regu-
 lations,  or  the  rules  of the state board of pharmacy, insofar as the
 regulations are in conflict with regulations  relating  to  adulteration
 and misbranding under the federal food, drug and cosmetic act.
   C.  NOTWITHSTANDING  PARAGRAPH  B  OF  THIS SUBDIVISION, BRAND NAME OR
 GENERIC MIFEPRISTONE OR ANY DRUG USED FOR MEDICATION ABORTION SHALL  NOT
 BE DEEMED TO BE ADULTERATED OR MISBRANDED IN VIOLATION OF THE PROVISIONS
 OF  THIS  ARTICLE  SOLELY  BECAUSE IT IS NO LONGER APPROVED OR NO LONGER
 BEARS THE LABEL CURRENTLY IN EFFECT, PROVIDED THAT (1) ITS LABELING  WAS
 TRUE AND ACCURATE AT THE TIME OF MANUFACTURE; AND (2) THE DRUG IS RECOM-
 MENDED  FOR  THE  PURPOSE FOR WHICH IT WAS PRESCRIBED UNDER WORLD HEALTH
 ORGANIZATION GUIDELINES THAT ARE CURRENT AT THE TIME OF  PRESCRIBING  OR
 DISPENSING.
   §  3.  Section  6815  of  the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. DRUGS USED FOR MEDICATION ABORTION. BRAND NAME OR GENERIC  MIFEPRI-
 STONE  OR  ANY  DRUG USED FOR MEDICATION ABORTION SHALL NOT BE DEEMED AN
 ADULTERATED OR MISBRANDED DRUG IN VIOLATION OF THE  PROVISIONS  OF  THIS
 ARTICLE  SOLELY  BECAUSE IT IS NO LONGER APPROVED OR NO LONGER BEARS THE
 LABEL CURRENTLY IN EFFECT, PROVIDED THAT:
   A. ITS LABELING WAS TRUE AND ACCURATE AT THE TIME OF MANUFACTURE; AND
   B. THE DRUG IS RECOMMENDED FOR THE PURPOSE FOR WHICH IT WAS PRESCRIBED
 UNDER WORLD HEALTH ORGANIZATION GUIDELINES THAT ARE CURRENT AT THE  TIME
 OF PRESCRIBING OR DISPENSING.
   § 4. Severability. If any item, clause, sentence, subparagraph, subdi-
 vision, section or other part of this act, or the application thereof to
 any  person  or  circumstances shall be held to be invalid, such holding
 shall not affect, impair or invalidate the remainder of this act, or the
 application of such section or part of a section held  invalid,  to  any
 other person or circumstances, but shall be confined in its operation to
 the  item, clause, sentence, subparagraph, subdivision, section or other
 part of this act directly involved in such holding, or to the person and
 circumstances therein involved.
   § 5. This act shall take effect immediately.