Excludes certain medication abortion drugs from being deemed unlawful to prescribe or dispense and from being deemed misbranded under certain circumstances

• Democratic13

◆ The sponsor's argument

Why Michelle Hinchey says this is needed

In September of 2025, the Health and Human Services Secretary announced the FDA would conduct a review on the safety and efficacy of mifepri- stone- a crucial component of the 2-drug medication abortion regimen and used to help manage early pregnancy loss.* While there is no legitimate scientific basis for this review, the administration is utilizing one particular paper that claims higher complication rates from mifepristone than previously known as justification. However, this paper which has not been peer-reviewed or published in a medical journal, presents flawed methodology and skewed findings.** For over two decades, mifepristone has been documented and demonstrated as safe and effective. The medication is highly effective and serious complications from the mifepristone are exceedingly rare, with rates of major adverse events well under 1 percent.*** In fact, data analysis has shown that mifepristone is even safer than some prescription drugs, like penicillin and Viagra.**** This bill exempts brand name or generic mifepristone or any drug used for medication abortion from being considered a criminal diversion act if prescribed, dispensed, or received, and from being considered adul- terated or misbranded 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, its labelling was true and accurate at the time of manufacturing and the drug is recommended for the purpose for which it was prescribed under WHO guidelines. Illinois and California enacted substantially similar legislation, respectively in August and September of 2025.***** This bill will ensure New York providers are able to continue prescrib- ing and dispensing mifepristone without fear of criminal or professional consequence if the FDA rescinds its approval. Additionally, the bill will protect New York patients by ensuring continued access to this lifesaving drug. Our state must do everything we can to protect access to safe and effective reproductive health care for all.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.