Assembly Bill A9276

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9276
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 21, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to establishing the "safeguarding reproductive care act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "safeguarding reproductive care act".
   § 2. The public  health  law  is  amended  by  adding  a  new  section
 2599-bb-2 to read as follows:
   §  2599-BB-2.  REPRODUCTIVE  CARE DRUGS STOCKPILE. 1. THE COMMISSIONER
 SHALL ESTABLISH AND MAINTAIN A STOCKPILE OR STOCKPILES  OF  MIFEPRISTONE
 AND  MISOPROSTOL  IN  SUCH  QUANTITIES  AS NECESSARY TO ENSURE CONTINUED
 ACCESS TO SUCH DRUGS WITHIN THE STATE.
   2. THE COMMISSIONER, IN MANAGING THE STOCKPILE PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION, SHALL:
   (A) ENSURE THAT ADEQUATE  PROCEDURES  ARE  IMPLEMENTED  FOR  INVENTORY
 MANAGEMENT, PHYSICAL SECURITY, AND ACCOUNTING OF ALL STOCKPILED DRUGS;
   (B)  ENSURE  THAT  ALL MIFEPRISTONE AND MISOPROSTOL PRODUCTS ARE UNEX-
 PIRED BY CONDUCTING INVENTORY ON A REGULAR BASIS;
   (C) RESTOCK MIFEPRISTONE AT LEAST EVERY FIVE YEARS AND MISOPROSTOL  AT
 LEAST EVERY TWO YEARS, CONSISTENT WITH APPLICABLE LAW;
   (D)  DEVISE PLANS FOR THE EFFECTIVE AND TIMELY SUPPLY-CHAIN MANAGEMENT
 OF SUCH STOCKPILE, IN CONSULTATION WITH THE APPROPRIATE STATE AND  LOCAL
 AGENCIES AND THE PUBLIC AND PRIVATE HEALTHCARE INFRASTRUCTURE; AND
   (E)  WHEREVER PRACTICABLE, ENTER INTO CONTRACTS AND COOPERATIVE AGREE-
 MENTS WITH SUPPLIERS OR MANUFACTURERS, TO DEVISE AND IMPLEMENT PLANS  TO
 ACCEPT  UNUSED  OR  EXPIRING  DOSES  OF MIFEPRISTONE AND MISOPROSTOL AND
 EXCHANGE THEM FOR NEW DOSES AT NO ADDITIONAL COST TO THE STATE TO  MAIN-
 TAIN AN UNEXPIRED STOCKPILE AND MINIMIZE WASTE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14023-05-5
 A. 9276                             2
              

 
   3.  THE  COMMISSIONER SHALL MAKE SUCH STOCKPILE AVAILABLE TO PROVIDERS
 OF REPRODUCTIVE HEALTH SERVICES, AS DEFINED BY  SECTION  570.17  OF  THE
 CRIMINAL  PROCEDURE  LAW,  INCLUDING, BUT NOT LIMITED TO, EMERGENCY ROOM
 PROVIDERS AND PROVIDERS IDENTIFIED FOR FUNDING  UNDER  THE  REPRODUCTIVE
 FREEDOM  AND EQUITY GRANT PROGRAM, AS ESTABLISHED BY SECTION TWENTY-FIVE
 HUNDRED NINETY-NINE-BB-ONE OF THIS ARTICLE.
   4. ANY PROVIDER OF REPRODUCTIVE HEALTH SERVICES RECEIVING MIFEPRISTONE
 OR MISOPROSTOL FROM THE STATE STOCKPILE SHALL DISPENSE SUCH DRUGS AT  NO
 COST TO PATIENTS.
   5. DISTRIBUTION OF DRUGS UNDER THIS SECTION SHALL BE LIMITED TO QUALI-
 FIED  AND  LICENSED  PRESCRIBERS AND LICENSED ENTITIES WITHIN THE STATE.
 SUCH QUALIFIED AND LICENSED  PRESCRIBERS  AND  LICENSED  ENTITIES  SHALL
 PRESCRIBE MIFEPRISTONE AND MISOPROSTOL WITH THE INTENT FOR SUCH DRUGS TO
 BE USED WITHIN THE STATE.
   6.  IF  THE  FEDERAL APPROVAL FOR MIFEPRISTONE OR MISOPROSTOL IS WITH-
 DRAWN, THE COMMISSIONER SHALL, AS SOON AS POSSIBLE, BUT  NO  LATER  THAN
 THIRTY  DAYS  AFTER SUCH CHANGE, REVIEW THE EFFECT OF SUCH CHANGE ON THE
 STATE STOCKPILE AND REPORT TO THE  GOVERNOR  AND  THE  LEGISLATURE  WITH
 RECOMMENDATIONS  FOR  ENSURING  CONTINUED, LAWFUL ACCESS TO MIFEPRISTONE
 AND MISOPROSTOL CONSISTENT WITH FEDERAL AND STATE LAW.
   § 3. Paragraphs d and e of subdivision 1 of section 6807 of the educa-
 tion law, as amended by chapter 881 of the laws of 1972,  such  subdivi-
 sion  as designated by chapter 18 of the laws of 1990, are amended and a
 new paragraph f is added to read as follows:
   d. Any personnel in an institution of higher learning from using pres-
 cription-required drugs on the premises for authorized research,  exper-
 iments  or  instruction, in accordance with the department's regulations
 and, if such drugs are controlled substances, in accordance  with  title
 III of article thirty-three of the public health law; [or]
   e.  The  necessary and ordinary activities of manufacturers and whole-
 salers, subject to the provisions of article thirty-three of the  public
 health law[.]; OR
   F.  THE  ESTABLISHMENT, MAINTENANCE, AND OPERATION OF THE REPRODUCTIVE
 CARE DRUGS STOCKPILE PURSUANT TO  SECTION  TWENTY-FIVE  HUNDRED  NINETY-
 NINE-BB-TWO  OF  THE PUBLIC HEALTH LAW, AND THE DISPENSING OF DRUGS FROM
 SUCH STOCKPILE SHALL BE UNDER THE DIRECTION OF THE DEPARTMENT OF  HEALTH
 OR  BY  PROVIDERS SPECIFIED BY THE DEPARTMENT OF HEALTH. SUCH DISPENSING
 OF DRUGS MAY OCCUR FOLLOWING THE PROVISION  OF  TELEHEALTH  SERVICES  OR
 ELECTRONIC  PRESCRIPTION,  PROVIDED  THAT  THE  PROVIDER IS ACTING UNDER
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB-TWO OF THE PUBLIC HEALTH  LAW
 AND THAT THE DELIVERY OF THE DRUG TO THE PATIENT IS CONDUCTED IN ACCORD-
 ANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.