A 9276: Establishes the "safeguarding reproductive care act" under which a stockpile of mifepristone and misoprostol is maintained and managed to ensure continued access to reproductive care medications within the state.

  
  STATE OF NEW YORK ________________________________________________________________________ 9276 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "safeguarding reproductive care act". 3 § 2. The public health law is amended by adding a new section 4 2599-bb-2 to read as follows: 5 § 2599-bb-2. Reproductive care drugs stockpile. 1. The commissioner 6 shall establish and maintain a stockpile or stockpiles of mifepristone 7 and misoprostol in such quantities as necessary to ensure continued 8 access to such drugs within the state. 9 2. The commissioner, in managing the stockpile pursuant to subdivision 10 one of this section, shall: 11 (a) ensure that adequate procedures are implemented for inventory 12 management, physical security, and accounting of all stockpiled drugs; 13 (b) ensure that all mifepristone and misoprostol products are unex- 14 pired by conducting inventory on a regular basis; 15 (c) restock mifepristone at least every five years and misoprostol at 16 least every two years, consistent with applicable law; 17 (d) devise plans for the effective and timely supply-chain management 18 of such stockpile, in consultation with the appropriate state and local 19 agencies and the public and private healthcare infrastructure; and 20 (e) wherever practicable, enter into contracts and cooperative agree- 21 ments with suppliers or manufacturers, to devise and implement plans to 22 accept unused or expiring doses of mifepristone and misoprostol and 23 exchange them for new doses at no additional cost to the state to main- 24 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 1 3. The commissioner shall make such stockpile available to providers 2 of reproductive health services, as defined by section 570.17 of the 3 criminal procedure law, including, but not limited to, emergency room 4 providers and providers identified for funding under the reproductive 5 freedom and equity grant program, as established by section twenty-five 6 hundred ninety-nine-bb-one of this article. 7 4. Any provider of reproductive health services receiving mifepristone 8 or misoprostol from the state stockpile shall dispense such drugs at no 9 cost to patients. 10 5. Distribution of drugs under this section shall be limited to quali- 11 fied and licensed prescribers and licensed entities within the state. 12 Such qualified and licensed prescribers and licensed entities shall 13 prescribe mifepristone and misoprostol with the intent for such drugs to 14 be used within the state. 15 6. If the federal approval for mifepristone or misoprostol is with- 16 drawn, the commissioner shall, as soon as possible, but no later than 17 thirty days after such change, review the effect of such change on the 18 state stockpile and report to the governor and the legislature with 19 recommendations for ensuring continued, lawful access to mifepristone 20 and misoprostol consistent with federal and state law. 21 § 3. Paragraphs d and e of subdivision 1 of section 6807 of the educa- 22 tion law, as amended by chapter 881 of the laws of 1972, such subdivi- 23 sion as designated by chapter 18 of the laws of 1990, are amended and a 24 new paragraph f is added to read as follows: 25 d. Any personnel in an institution of higher learning from using pres- 26 cription-required drugs on the premises for authorized research, exper- 27 iments or instruction, in accordance with the department's regulations 28 and, if such drugs are controlled substances, in accordance with title 29 III of article thirty-three of the public health law; [or] 30 e. The necessary and ordinary activities of manufacturers and whole- 31 salers, subject to the provisions of article thirty-three of the public 32 health law[.]; or 33 f. The establishment, maintenance, and operation of the reproductive 34 care drugs stockpile pursuant to section twenty-five hundred ninety- 35 nine-bb-two of the public health law, and the dispensing of drugs from 36 such stockpile shall be under the direction of the department of health 37 or by providers specified by the department of health. Such dispensing 38 of drugs may occur following the provision of telehealth services or 39 electronic prescription, provided that the provider is acting under 40 section twenty-five hundred ninety-nine-bb-two of the public health law 41 and that the delivery of the drug to the patient is conducted in accord- 42 ance with regulations promulgated by the department of health. 43 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 44 sion, section or part of this act shall be adjudged by any court of 45 competent jurisdiction to be invalid, such judgment shall not affect, 46 impair, or invalidate the remainder thereof, but shall be confined in 47 its operation to the clause, sentence, paragraph, subdivision, section 48 or part thereof directly involved in the controversy in which such judg- 49 ment shall have been rendered. It is hereby declared to be the intent of 50 the legislature that this act would have been enacted even if such 51 invalid provisions had not been included herein. 52 § 5. This act shall take effect immediately.