New York’s health department moved quickly after a U.S. Supreme Court action this spring to assure residents that medication abortion remains fully available in the state, with State Health Commissioner Dr. James McDonald saying mifepristone “remains a safe, effective and available option for abortion care in New York State.”

In a statement dated May 18, 2026, the New York State Department of Health said New Yorkers “can continue to access medication abortion through telehealth appointments, by mail, and through licensed health care providers across the state.” The reaffirmation came after the Supreme Court left existing access to mifepristone undisturbed while litigation involving the U.S. Food and Drug Administration and the drug continues — preserving, for now, the ability to obtain the medication by telehealth, mail delivery and pharmacy dispensing.

The drugs and how they reach patients

Medication abortion typically uses two drugs: mifepristone, which blocks the hormone progesterone, followed by misoprostol. Both are FDA-approved and can be prescribed in person or via telehealth for mail delivery or pharmacy pickup. The department said the state “remains steadfast” in safeguarding access to comprehensive reproductive health services, including abortion provided through telehealth, mail and in-person care.

Mifepristone has been a recurring target of national litigation. New York Attorney General Letitia James has repeatedly intervened to defend access — leading multistate coalitions urging the Supreme Court to protect the drug and issuing statements on rulings that would have restricted it. The May reaffirmation from the health department was the clinical-policy counterpart to that legal posture: a signal to providers and patients that nothing about New York access had changed.

The shield law backstop

Underpinning New York’s position is the telehealth shield law Governor Kathy Hochul signed in 2023 (Chapter 138 of the laws of 2023). It is designed to protect New York-based clinicians who prescribe abortion medication to patients in states with bans, shielding them from out-of-state subpoenas, extradition demands and civil actions. New York is one of a small number of states — roughly eight — with shield protections written specifically for telehealth abortion care.

State lawmakers moved in 2025 to strengthen those protections further. A measure advanced in the Legislature (S.36A/A.2145A) would let prescribers request that a dispensing pharmacy print the name of their medical practice, rather than the prescriber’s personal name, on labels for mifepristone, misoprostol and generic equivalents — an added layer of anonymity for providers serving patients in hostile states. The State Senate has advanced a broader package aimed at expanding reproductive protections, women’s health and privacy.

Provider support dollars

Beyond legal shields, the state has put money behind clinics. Hochul has announced additional investments through New York’s Supplemental Abortion Provider Support Program, intended to help providers continue offering reproductive services as out-of-state patient demand strains capacity. New York has become a destination state for patients traveling from jurisdictions with bans, and clinics here have reported rising caseloads since the 2022 Dobbs decision overturned the federal right to abortion.

What it means for New Yorkers

For patients in New York, the practical upshot of the May reaffirmation is continuity: the state’s regulators are telling them that the channels they have relied on — a telehealth visit, a mailed prescription, a pharmacy counter, a clinic — all remain open. The longer fight over mifepristone’s federal status is unresolved, and a future ruling could change the national picture. But as of the department’s May 18 statement, New York’s message was that its own access points are intact and legally defended.

Verification

Frequently Asked Questions

Is medication abortion still legal and available in New York?
Yes. The state Department of Health said on May 18, 2026 that mifepristone and medication abortion remain available in New York through telehealth appointments, by mail, and through licensed in-person providers.
What prompted the state's reaffirmation?
It followed the U.S. Supreme Court leaving existing access to mifepristone in place while ongoing litigation involving the FDA and the drug proceeds, preserving telehealth, mail and pharmacy dispensing for now.
What does New York's shield law do?
The 2023 telehealth shield law protects New York-based providers who prescribe abortion medication to patients in states where abortion is restricted, including from out-of-state legal actions. New York is among a small group of states with telehealth-specific protections.
Who is New York's health commissioner?
Dr. James McDonald is the New York State Health Commissioner.