New York A 9217: Excludes certain medication abortion drugs from being deemed unlawful to prescribe or dispense and from being deemed misbranded under certain circumstances

Bill Text

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A09217 Summary:

BILL NOA09217 

&nbsp

SAME ASSAME AS S08544

&nbsp

SPONSORPaulin

&nbsp

COSPNSRSeawright, Otis, Hevesi, Rosenthal, Jacobson, Levenberg, Steck, Burdick

&nbsp

MLTSPNSR

&nbsp

Amd §178.00, Pen L; amd §§6802 & 6815, Ed L

&nbsp

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.

Go to top A09217 Actions:

BILL NOA09217 

&nbsp

11/03/2025referred to codes

01/07/2026referred to codes

01/21/2026reported 

01/22/2026advanced to third reading cal.241

01/28/2026substituted by s8544

&nbspS08544 AMEND= HINCHEY

&nbsp10/24/2025REFERRED TO RULES

&nbsp01/07/2026REFERRED TO CODES

&nbsp01/20/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

&nbsp01/20/2026ORDERED TO THIRD READING CAL.59

&nbsp01/27/2026PASSED SENATE

&nbsp01/27/2026DELIVERED TO ASSEMBLY

&nbsp01/27/2026referred to codes

&nbsp01/28/2026substituted for a9217

&nbsp01/28/2026ordered to third reading cal.241

&nbsp01/28/2026passed assembly

&nbsp01/28/2026returned to senate

Go to topA09217 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:01/21/2026AYE/NAY:13/5 Action: Favorable DinowitzAyeMorinelloNay

CookExcusedReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoExcused

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

BoresExcused

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA09217 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09217 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9217

 2025-2026 Regular Sessions

 IN ASSEMBLY

 November 3, 2025
 ___________

 Introduced by M. of A. PAULIN -- read once and referred to the Committee
 on Codes

 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

 A. 9217 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