NY Governor Signs Legislation Protecting Abortion Care Providers

On June 23, 2023, Kathy Hochul, the governor of New York, extended the previous protections for abortion care providers, guarding providers in NY when offering telehealth abortion services to patients living in abortion-restricted or abortion-banned states.

This new legislation, S.1066B/A.1709B, attempts to strengthen reproductive healthcare access and provide additional protections to clinicians who may fear legal repercussions when providing care.

"We are witnessing a shameful regression of women's rights in this country as abortion access is restricted in states across the nation,” Governor Hochul said in a press release. “In New York, we remain committed to ensuring abortion remains safe, accessible, and legal. This legislation will help more women access medication abortion, and reproductive care by ensuring our healthcare providers can deliver telehealth services to out-of-state patients without fear of legal or professional repercussions. With this bill, New York is continuing to fight back against restrictive abortion laws and help more people access the care they need."

Telehealth abortions are another avenue for obtaining medication abortions, in which patients take two oral medications, mifepristone, and misoprostol, as instructed by a licensed healthcare provider to terminate a pregnancy within the first 10 weeks of gestation.

At the end of 2021, the United States Food and Drug Administration revised its guidelines for mifepristone prescription, allowing providers to prescribe it virtually without having to dispense it in person.

Since then, telehealth abortions have become a more utilized form of abortion care, as they can circumvent some geographical restraints for patients. A KFF report analyzing a survey of obstetricians and gynecologists (OB/GYNs) after the Dobbs decision shows that 48% of OB/GYNs will provide or refer patients for telehealth medication abortions. Another KFF report published last month noted that between April and December 2022, the number of telehealth abortions increased by 137%.

Despite the increased use and convenience of telehealth abortions, providers may be unable or unwilling to offer this type of care without protections. Legislation such as the one signed by Hochul may provide the reassurance needed to bolster access to reproductive care.