Add Art 25-AA §§2599-bb-10 - 2599-bb-13, Pub Health L
Establishes the New York state abortion clinical training program within the department of health for the purpose of training health care practitioners in the performance of abortion and related reproductive health care services; requires the commissioner of health to submit a report to the governor and the legislature.
STATE OF NEW YORK
________________________________________________________________________
1438
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
___________
Introduced by Sens. KRUEGER, BRISPORT, BROUK, FERNANDEZ, GONZALEZ,
HINCHEY, HOYLMAN-SIGAL, JACKSON, MAYER, SALAZAR, WEBB -- read twice
and ordered printed, and when printed to be committed to the Committee
on Health
AN ACT to amend the public health law, in relation to enacting the New
York state abortion clinical training program act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article
2 25-AA to read as follows:
3 ARTICLE 25-AA
4 NEW YORK STATE ABORTION CLINICAL TRAINING PROGRAM ACT
5 Section 2599-bb-10. Policy and purpose.
6 2599-bb-11. Definitions.
7 2599-bb-12. Establishment of the New York state abortion clin-
8 ical training program.
9 2599-bb-13. Reporting.
10 § 2599-bb-10. Policy and purpose. 1. New York has long held that
11 comprehensive reproductive health care is a fundamental component of
12 every individual's health, privacy and equality, and that access to
13 reproductive health care service is integral to their ability to choose
14 to carry a pregnancy to term, to give birth to a child, or to have an
15 abortion.
16 2. Abortion care is provided in hospitals, clinics, and private
17 medical practices across the state, with a majority of these procedures
18 performed by community-based providers. However, growing maternal health
19 care deserts have made it difficult for individuals to access this vital
20 form of care. The need for abortion care continues to increase while the
21 number of providers trained to perform these services is declining.
22 Although there are community-based abortion facilities in every region
23 of the state, only seven out of ten regions have community-based facili-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04174-02-5
S. 1438 2
1 ties that perform abortion care beyond fifteen weeks of pregnancy. In
2 three regions, only two facilities provide abortion care up to twenty
3 weeks of pregnancy. This has resulted in pregnant people having to trav-
4 el further, and in some cases out of state, to access care, especially
5 later in pregnancy.
6 3. While any physician and health care practitioner licensed by the
7 state with abortion in their scope of practice is authorized to perform
8 the procedure under law, there is no structured training program avail-
9 able to them for this purpose.
10 4. New York is in a strong position to address the training needs of
11 these individuals by establishing a statewide abortion clinical training
12 program. There are multiple abortion providers who are experienced,
13 utilize innovative abortion care procedures, and interested in training
14 their peers but require funding to do so.
15 5. It is the purpose of this article to create new training opportu-
16 nities for New York health care practitioners in the delivery of
17 abortion care through such a program, thereby protecting every individ-
18 ual's right to health, privacy and equality.
19 § 2599-bb-11. Definitions. 1. As used in this article, the following
20 terms shall have the following meanings:
21 (a) "Abortion" shall mean the termination of a pregnancy pursuant to
22 section twenty-five hundred ninety-nine-bb of this chapter.
23 (b) "Health care services" shall mean the range of care related to the
24 provision of abortion pursuant to section twenty-five hundred ninety-
25 nine-bb of this chapter.
26 (c) "Health care practitioner" shall mean any health care practitioner
27 authorized to provide health care services pursuant to section twenty-
28 five hundred ninety-nine-bb of this chapter or an intern or resident who
29 is employed by a hospital or otherwise enrolled in an accredited gradu-
30 ate medical education program.
31 (d) "Professional educators" shall mean organizations providing repro-
32 ductive health care, continuing education programs for qualified provid-
33 ers through professional associations or clinical education programs
34 that meet professionally recognized training standards.
35 § 2599-bb-12. Establishment of the New York state abortion clinical
36 training program. 1. (a) There is hereby established within the depart-
37 ment the New York state abortion clinical training program for the
38 purpose of training health care practitioners in the performance of
39 abortion and related reproductive health care services. The commissioner
40 in consultation with the state education department, shall adopt a
41 uniform and comprehensive curriculum and materials for the training of
42 health care practitioners in the performance of a full range of abortion
43 and related reproductive health care services. Such curriculum shall be
44 consistent with evidence-based training standards and shall include, but
45 not be limited to:
46 (i) counseling and informed consent;
47 (ii) miscarriage management;
48 (iii) patient-centered care;
49 (iv) pre-abortion evaluation;
50 (v) contraception and aftercare;
51 (vi) telehealth delivery;
52 (vii) surgical abortion; and
53 (viii) medication abortion.
54 (b) In establishing the curriculum and training materials for the
55 program, the commissioner may consult a range of experts, including, but
56 not limited to, individuals and entities providing abortion care,
S. 1438 3
1 abortion funds, and other organizations whose mission is to expand
2 access to abortion care, to ensure the program structure reflects the
3 needs of abortion providers, abortion funds and consumers.
4 (c) For professional educators currently operating an abortion clin-
5 ical training program within the state, the commissioner shall approve
6 the existing curriculum for use so long as the curriculum meets adopted
7 statewide standards.
8 3. (a) The commissioner is authorized to enter into agreements with
9 professional educators to facilitate clinical training related to
10 abortion care and other related reproductive health services at a mini-
11 mum of four sites across the state. In entering such agreements, the
12 commissioner shall consider organizations that:
13 (i) comply with applicable state laws and regulations;
14 (ii) are capable of providing culturally congruent care and implicit
15 bias training;
16 (iii) have demonstrated experience in coordinating abortion care
17 training programs;
18 (iv) have sufficient patient volume to accommodate training needs; and
19 (v) provide abortion and reproductive health care services to under-
20 served communities.
21 (b) Professional educators shall not be required to provide training
22 in all areas of the approved curriculum, provided, however, special
23 consideration shall be given to professional educators who have the
24 capability to provide the full range of abortion care and related repro-
25 ductive health care services.
26 (c) The commissioner may engage the services of a consultant on a
27 contract basis to support the administration and operation of the
28 program. Such consultant shall be a professional educator that has the
29 demonstrated ability to provide programmatic oversight on a statewide
30 level including, but not limited to candidate selection and screening,
31 and adherence to the approved curriculum and clinical standards.
32 (d) Each professional educator receiving funding pursuant to this
33 paragraph shall submit a written certification in such form and at such
34 time as the commissioner shall prescribe, attesting how any award made
35 was used to support training health care practitioners in the perform-
36 ance of abortion and related reproductive health care services includ-
37 ing, but not limited to the number of health care practitioners selected
38 for training; the number of health care practitioners completing the
39 approved curriculum; and the areas of the state served by the health
40 care practitioners selected.
41 (e) Notwithstanding any inconsistent provision of law to the contrary,
42 the commissioner shall be authorized to recoup any award made and deter-
43 mined to have been used in a manner inconsistent with the purposes of
44 the abortion clinical training program. The commissioner is authorized
45 to employ any legal mechanism to recoup such funds, including an offset
46 of other funds that are owed to such professional educator.
47 4. The commissioner shall award and distribute grants to address prac-
48 tical support needs of eligible health care providers. Funds may be
49 awarded to support an eligible health care practitioner in obtaining
50 clinical education on abortion care and other reproductive health
51 services, including, but not limited to, financial support for travel
52 and lodging associated with attending the program.
53 5. The commissioner shall promulgate rules and regulations as are
54 necessary to carry out the provisions of this section.
55 § 2599-bb-13. Reporting. The commissioner shall submit a report no
56 later than twelve months after the effective date of this section and
S. 1438 4
1 annually thereafter, to the governor, the temporary president of the
2 senate and the speaker of the assembly, which shall include, but not be
3 limited to, the total amount of grants issued, the number of eligible
4 participants, the number of eligible providers, and the region of the
5 state where the eligible providers are located. Notwithstanding any
6 other provision of law, the commissioner shall not report any informa-
7 tion related to identifying information of eligible participants in the
8 program.
9 § 2. This act shall take effect on the first of April next succeeding
10 the date upon which it shall have become a law. Effective immediately,
11 the addition, amendment and/or repeal of any rule or regulation neces-
12 sary for the implementation of this act on its effective date are
13 authorized to be made and completed on or before such effective date.
