Provides that the prescribing, dispensing, or receipt of mifepristone or any drug used for medication abortion shall not be considered a criminal conversion act under certain circumstances; provides that mifepristone or any drug used for medication abortion shall not be deemed to be adulterated or misbranded under certain circumstances.
STATE OF NEW YORK
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8544
2025-2026 Regular Sessions
IN SENATE
October 24, 2025
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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:
1 Section 1. Subdivision 3 of section 178.00 of the penal law, as added
2 by chapter 81 of the laws of 1995, is amended to read as follows:
3 3. (a) "Criminal diversion act" means an act or acts in which a person
4 knowingly:
5 [(a)] (i) transfers or delivers, in exchange for anything of pecuniary
6 value, a prescription medication or device with knowledge or reasonable
7 grounds to know that the recipient has no medical need for it; or
8 [(b)] (ii) receives, in exchange for anything of pecuniary value, a
9 prescription medication or device with knowledge or reasonable grounds
10 to know that the seller or transferor is not authorized by law to sell
11 or transfer such prescription medication or device; or
12 [(c)] (iii) transfers or delivers a prescription in exchange for
13 anything of pecuniary value; or
14 [(d)] (iv) receives a prescription in exchange for anything of pecuni-
15 ary value.
16 (b) The prescribing, dispensing, or receipt of brand name or generic
17 mifepristone or any drug used for medication abortion shall not be
18 considered a criminal diversion act for purposes of this definition
19 solely because it is no longer approved by the federal food and drug
20 administration or because it no longer bears the label currently in
21 effect, provided that:
22 (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
S. 8544 2
1 (ii) the drug is recommended for the purpose for which it was
2 prescribed under World Health Organization guidelines that are current
3 at the time of prescribing or dispensing.
4 § 2. Subdivision 13 of section 6802 of the education law, as added by
5 chapter 987 of the laws of 1971, is amended to read as follows:
6 13. "Misbranding". a. If a drug, device or cosmetic is alleged to be
7 misbranded because the labeling is misleading, or if an advertisement is
8 alleged to be false because it is misleading then in determining whether
9 the labeling or advertisement is misleading there shall be taken into
10 account (among other things) not only representations made or suggested
11 by statement, word, design, device, sound or any combination thereof,
12 but also the extent to which the labeling fails to reveal facts material
13 in the light of such representations or material with respect to conse-
14 quences which may result from the use of the drug, device, or cosmetic
15 to which the labeling or advertising relates under the conditions of use
16 prescribed in the labeling or advertising thereof or under such condi-
17 tions of use as are customary or usual.
18 b. No drug, device or cosmetic which is subject to, and complies with
19 regulations promulgated under the provisions of the federal food, drug,
20 and cosmetic act, relating to adulteration and misbranding shall be
21 deemed to be adulterated or misbranded in violation of the provisions of
22 this article because of its failure to comply with the board's regu-
23 lations, or the rules of the state board of pharmacy, insofar as the
24 regulations are in conflict with regulations relating to adulteration
25 and misbranding under the federal food, drug and cosmetic act.
26 c. Notwithstanding paragraph b of this subdivision, brand name or
27 generic mifepristone or any drug used for medication abortion shall not
28 be deemed to be adulterated or misbranded in violation of the provisions
29 of this article solely because it is no longer approved or no longer
30 bears the label currently in effect, provided that (1) its labeling was
31 true and accurate at the time of manufacture; and (2) the drug is recom-
32 mended for the purpose for which it was prescribed under World Health
33 Organization guidelines that are current at the time of prescribing or
34 dispensing.
35 § 3. Section 6815 of the education law is amended by adding a new
36 subdivision 3 to read as follows:
37 3. Drugs used for medication abortion. Brand name or generic mifepri-
38 stone or any drug used for medication abortion shall not be deemed an
39 adulterated or misbranded drug in violation of the provisions of this
40 article solely because it is no longer approved or no longer bears the
41 label currently in effect, provided that:
42 a. its labeling was true and accurate at the time of manufacture; and
43 b. the drug is recommended for the purpose for which it was prescribed
44 under World Health Organization guidelines that are current at the time
45 of prescribing or dispensing.
46 § 4. Severability. If any item, clause, sentence, subparagraph, subdi-
47 vision, section or other part of this act, or the application thereof to
48 any person or circumstances shall be held to be invalid, such holding
49 shall not affect, impair or invalidate the remainder of this act, or the
50 application of such section or part of a section held invalid, to any
51 other person or circumstances, but shall be confined in its operation to
52 the item, clause, sentence, subparagraph, subdivision, section or other
53 part of this act directly involved in such holding, or to the person and
54 circumstances therein involved.
55 § 5. This act shall take effect immediately.
