The Reproductive Health Act: Ensuring Abortion Access in New York

New York state first opened its doors to abortion care five decades ago, and three years before the Court decided Roe. The Reproductive Health Act (RHA) codifies Roe v. Wade in state law, recognizing abortion — and the whole range of reproductive care — as a fundamental right. Yet with the Supreme Court’s decision to overturn Roe, New York must go further to ensure meaningful access to abortion care for anyone who needs it.

The Way Forward for Reproductive Healthcare

While abortion remains legal and available in New York, there are increasing, nationwide attacks on access to reproductive healthcare. Our state must close the gaps to abortion access that still exist. This means ensuring robust funding for abortion providers, as well as for the abortion funds and logistical support funds that make it possible for New Yorkers to access care. In New York, we are working to expand access to reproductive health care so that all people – both New Yorkers and those who need to travel to get care – can get the care they need in our state.

Three Key Ways the RHA Protects Rights

After years of determined work by advocates to update our state abortion law, the Reproductive Health Act became law in early 2019. New York’s RHA protects our health and rights in three key ways:

• The RHA ensures New York treats abortion like health care, not a criminal act. New York’s old abortion law hadn’t been updated in 50 years and regulated abortion in the state criminal code – as an exception within the homicide law. No other medical procedure is regulated like a crime, and now, thanks to the RHA, neither is abortion care.
• The RHA holds New York to the standard of Roe v. Wade. New Yorkers should be able to get the care they need throughout pregnancy, but New York’s old abortion law was passed three years before Roe. This meant it didn’t include baseline constitutional protections that ensure access to care throughout pregnancy when health or life is at risk, or when a pregnancy is not viable.
• The RHA protects health care professionals who provide vital care. When New York’s old abortion law was passed in 1970, the practice of medicine was limited to doctors. The RHA ensures that qualified, licensed health care providers can provide early and safe abortion services within their expertise and training.

Expanding Access Through Advanced Practice Clinicians

The RHA allows abortion care from licensed, highly skilled health care providers. The practice of medicine has changed dramatically since 1970, and qualified clinicians today provide a range of care that was once available only from doctors. These advanced practice clinicians (APCs) include nurse practitioners. By clarifying that APCs may legally provide care, the RHA improves abortion access to traditionally underserved areas such as rural and low-income communities. Empowering these clinicians makes abortion both safer and more accessible.

Comparison of New York Abortion Regulations

To understand the impact of the Reproductive Health Act, it is useful to compare the previous legal framework with the current standards established in 2019:

• Legal Status: Under the old law, abortion was regulated in the criminal code. Under the RHA, it is treated as essential health care.
• Constitutional Protections: The old law lacked the baseline protections of Roe v. Wade regarding health and viability. The RHA ensures these protections are codified in state law.
• Authorized Personnel: Previously, medical practice for abortion was limited strictly to doctors. Now, the RHA ensures that qualified, licensed health care providers and advanced practice clinicians (APCs) can provide care.

Medical Standards and Personal Autonomy

Every pregnancy is different and politicians are not medical experts. They should not interfere with the best advice of medical professionals or the personal decisions we make for ourselves and our families. The RHA ensures that a patient’s individual needs and circumstances are what drives decision-making, not second-guessing from people who aren’t in a patient’s shoes. It allows health care providers to treat patients based on established medical standards and an individual patient’s health, ensuring that doctors have the full range of medical treatment options throughout pregnancy based on what is appropriate for the patient.

7 in 10 Americans support access to safe, legal abortion care and do not want Roe v. Wade overturned. The overwhelming majority believe that once a person has decided to have an abortion, they should be able to get one that is supportive, affordable, and obstacle-free. Information on when and why people seek abortion care, legal rights to care, and details about insurance coverage requirements are essential components of maintaining this fundamental right.