Text of NY S 2475 (2023)

STATE OF NEW YORK ________________________________________________________________________ 2475 2023-2024 Regular Sessions IN SENATE January 20, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, COONEY, HINCHEY, JACKSON, MAY, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act, the executive law, the civil prac- tice law and rules, the criminal procedure law, the education law, the public health law and the insurance law in relation to gender affirm- ing care The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The family court act is amended by adding a new section 659 2 to read as follows: 3 § 659. Consideration of law allowing gender affirming care. 1. A law 4 of another state that authorizes a child to be removed from their parent 5 or guardian based on the parent or guardian allowing their child to 6 receive gender affirming care shall not be enforced or applied in a case 7 pending in a court in this state. 8 2. No court in this state shall admit or consider a finding of abuse 9 based on the parent or guardian allowing their child to receive or seek 10 gender affirming care as evidence in any proceeding with respect to that 11 parent or guardian and any of their children, unless such conduct would 12 constitute abuse under the laws of this state if it occurred in this 13 state. 14 § 2. The executive law is amended by adding a new section 837-x to 15 read as follows: 16 § 837-x. Cooperation with certain out-of-state investigations. No 17 state or local law enforcement agency shall cooperate with or provide 18 information to any individual or out-of-state agency or department 19 regarding the provision, seeking, or assistance in provision or seeking 20 of lawful gender affirming care performed in this state. Nothing in this 21 section shall prohibit the investigation of any criminal activity in 22 this state which may involve the performance of gender affirming care EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01793-02-3 S. 2475 2 1 provided that no information relating to any medical procedure performed 2 on a specific individual may be shared with an out-of-state agency or 3 any other individual. 4 § 3. Section 3119 of the civil practice law and rules is amended by 5 adding a new subdivision (h) to read as follows: 6 (h) Subpoenas related to gender affirming care. Notwithstanding any 7 other provisions of law, no court or county clerk shall issue a subpoena 8 under this section in connection with an out-of-state proceeding relat- 9 ing to any gender affirming care which was legally performed, sought, 10 received, or supported in this state, unless such out-of-state proceed- 11 ing (1) sounds in tort or contract, or is based on statute, (2) is 12 actionable, in an equivalent or similar manner, under the laws of this 13 state, and (3) was brought by the patient who received the gender 14 affirming care, or the patient's legal representative. 15 § 4. Subdivision (e) of section 3102 of the civil practice law and 16 rules, as amended by chapter 219 of the laws of 2022, is amended to read 17 as follows: 18 (e) Action pending in another jurisdiction. Except as provided in 19 section three thousand one hundred nineteen of this article, when under 20 any mandate, writ or commission issued out of any court of record in any 21 other state, territory, district or foreign jurisdiction, or whenever 22 upon notice or agreement, it is required to take the testimony of a 23 witness in the state, he or she may be compelled to appear and testify 24 in the same manner and by the same process as may be employed for the 25 purpose of taking testimony in actions pending in the state. The supreme 26 court or a county court shall make any appropriate order in aid of 27 taking such a deposition; provided that no order may be issued under 28 this section in connection with an out-of-state proceeding relating to 29 any abortion services or procedures or gender affirming care which were 30 legally performed in this state, unless such out-of-state proceeding (1) 31 sounds in tort or contract, or is based on statute, (2) is actionable, 32 in an equivalent or similar manner, under the laws of this state, and 33 (3) was brought by the patient who received reproductive healthcare, or 34 the patient's legal representative. 35 § 5. Section 140.10 of the criminal procedure law is amended by adding 36 a new subdivision 3-b to read as follows: 37 3-b. A police officer may not arrest any person for performing or 38 aiding in the performance of gender affirming care within this state, or 39 in procuring or aiding in the procurement of gender affirming care in 40 this state, if the gender affirming care is performed in accordance with 41 the provisions of any other applicable law of this state. 42 § 6. The criminal procedure law is amended by adding a new section 43 570.19 to read as follows: 44 § 570.19 Extradition of gender affirming care providers, seekers, 45 parents, guardians, and helpers. 46 No demand for the extradition of a person subject to criminal liabil- 47 ity that is in whole or part based on the alleged provision or receipt 48 of, support for, or any theory of vicarious, joint, several or conspira- 49 cy liability for gender affirming care lawfully performed in New York 50 shall be recognized by the governor unless the executive authority of 51 the demanding state shall allege in writing that the accused was present 52 in the demanding state at the time of the commission of the alleged 53 offense, and that thereafter he, she or they fled from that state. 54 § 7. Subdivision 1 of section 6531-b of the education law is amended 55 by adding a new paragraph (c) to read as follows: S. 2475 3 1 (c) "Gender affirming care" means any type of care provided to an 2 individual who has sought and initiated that care to affirm their gender 3 identity or gender expression. 4 § 8. Subdivision 2 of section 6531-b of the education law, as added by 5 chapter 220 of the laws of 2022, is amended to read as follows: 6 2. The performance, recommendation, or provision of any reproductive 7 health services or gender affirming care, as defined in subdivision one 8 of this section, by a health care practitioner acting within their scope 9 of practice, for a patient who resides in a state wherein the perform- 10 ance, recommendation, or provision of such reproductive health services 11 is illegal, shall not, by itself, constitute professional misconduct 12 under this title, or title two-A of article two of the public health 13 law, or any other law, rule or regulation governing the licensure, 14 certification, or authorization of such practitioner, nor shall any 15 license, certification or authorization of a health care practitioner be 16 revoked, suspended, or annulled or otherwise subject to any other penal- 17 ty or discipline provided in the public health law or this title solely 18 on the basis that such health care practitioner performed, recommended, 19 or provided any such reproductive health services or gender affirming 20 care for a patient who resides in a state wherein the performance, 21 recommendation, or provision of such reproductive health services or 22 gender affirming care is illegal. 23 § 9. Subdivision 9-c of section 230 of the public health law, as added 24 by chapter 220 of the laws of 2022, is amended to read as follows: 25 9-c. (a) Neither the board for professional medical conduct nor the 26 office of professional medical conduct shall charge a licensee, acting 27 within their scope of practice, with misconduct as defined in sections 28 sixty-five hundred thirty and sixty-five hundred thirty-one of the 29 education law, or cause a report made to the director of such office to 30 be investigated beyond a preliminary review as set forth in clause (A) 31 of subparagraph (i) of paragraph (a) of subdivision ten of this section, 32 where such report is determined to be based solely upon the performance, 33 recommendation, or provision of any reproductive health services or 34 gender affirming care, as defined in section sixty-five hundred thirty- 35 one-b of the education law, for a particular patient by such licensee 36 where such patient resides in a state wherein the performance, recommen- 37 dation or provision of such reproductive health services is illegal. 38 (b) When a licensee, acting within their scope of practice, and in 39 accordance with paragraph e of subdivision four of section sixty-five 40 hundred twenty-seven of the education law, performs, recommends or 41 provides any reproductive health services for a patient who resides in a 42 state wherein the performance, recommendation, or provision of any such 43 reproductive health services or gender affirming care is illegal, such 44 performance, recommendation, or provision of such reproductive health 45 services or gender affirming care for such patient, shall not, by 46 itself, constitute professional misconduct. The licensee shall other- 47 wise abide by all other applicable professional requirements. 48 § 10. Section 6505-d of the education law, as added by chapter 220 of 49 the laws of 2022, is amended to read as follows: 50 § 6505-d. Evaluation of prior disciplinary history for authorization 51 to practice. An applicant seeking licensure, certification, or authori- 52 zation pursuant to this title who has been subject to disciplinary 53 action by a duly authorized professional disciplinary agency of another 54 jurisdiction solely on the basis of having performed, recommended, or 55 provided an abortion pursuant to section twenty-five hundred ninety- 56 nine-bb of the public health law, or gender affirming care shall not be S. 2475 4 1 denied such licensure, certification, or authorization, unless the 2 department determines that such action would have constituted profes- 3 sional misconduct in this state. Provided however, that nothing in this 4 section shall be construed as prohibiting the department from evaluating 5 the conduct of such applicant and making a determination to be licensed, 6 certified, or authorized to practice a profession under this title. 7 § 11. Section 3436-a of the insurance law, as added by chapter 221 of 8 the laws of 2022, is amended to read as follows: 9 § 3436-a. [1.] Adverse action against legal reproductive health care 10 or gender affirming care. 1. Every insurer which issues or renews 11 medical malpractice insurance covering a health care provider licensed 12 to practice in this state shall be prohibited from taking any adverse 13 action against a health care provider solely on the basis that the 14 health care provider performs an abortion or provides reproductive 15 health care or gender affirming care that is legal in the state of New 16 York on someone who is from out of the state. Such policy shall include 17 health care providers who legally prescribe abortion medication to out- 18 of-state patients by means of telehealth. 19 2. As used in this section, "adverse action" shall mean but not be 20 limited to: (a) refusing to renew or execute a contract or agreement 21 with a health care provider; (b) making a report or commenting to an 22 appropriate private or governmental entity regarding practices of such 23 provider which may violate abortion laws in other states; and (c) 24 increasing in any charge for, or a reduction or other adverse or unfa- 25 vorable change in the terms of coverage or amount for, any medical malp- 26 ractice insurance contract or agreement with a health care provider. 27 § 12. This act shall take effect immediately.

STATE OF NEW YORK ________________________________________________________________________ 2475--B 2023-2024 Regular Sessions IN SENATE January 20, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, BROUK, COMRIE, COONEY, GIANARIS, GOUNARDES, HINCHEY, JACKSON, KENNEDY, KRUEGER, LIU, MAY, MAYER, PARK- ER, RAMOS, RIVERA, SEPULVEDA, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit- tee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the family court act, the executive law, the civil prac- tice law and rules, the criminal procedure law, the education law, the public health law and the insurance law, in relation to gender-affirm- ing care The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The family court act is amended by adding a new section 659 2 to read as follows: 3 § 659. Consideration of law allowing gender-affirming care. 1. A law 4 of another state that authorizes a child to be removed from their parent 5 or guardian based on the parent or guardian allowing their child to 6 receive gender-affirming care shall not be enforced or applied in a case 7 pending in a court in this state. 8 2. No court in this state shall admit or consider a finding of abuse 9 based on the parent or guardian allowing their child to receive or seek 10 gender-affirming care as evidence in any proceeding with respect to that 11 parent or guardian and any of their children, unless such conduct would 12 constitute abuse under the laws of this state if it occurred in this 13 state. 14 § 2. The executive law is amended by adding a new section 837-x to 15 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01793-09-3 S. 2475--B 2 1 § 837-x. Cooperation with certain out-of-state investigations. No 2 state or local law enforcement agency shall cooperate with or provide 3 information to any individual or out-of-state agency or department 4 regarding the provision, seeking, or assistance in provision or seeking 5 of lawful gender-affirming care performed in this state. Nothing in this 6 section shall prohibit the investigation of any criminal activity in 7 this state which may involve the performance of gender-affirming care 8 provided that no information relating to any medical procedure performed 9 on a specific individual may be shared with an out-of-state agency or 10 any other individual. 11 § 3. Section 3119 of the civil practice law and rules is amended by 12 adding a new subdivision (h) to read as follows: 13 (h) Subpoenas related to gender-affirming care. Notwithstanding any 14 other provisions of law, no court or county clerk shall issue a subpoena 15 under this section in connection with an out-of-state proceeding relat- 16 ing to any gender-affirming care which was legally performed, sought, 17 received, or supported in this state, unless such out-of-state proceed- 18 ing (1) sounds in tort or contract, or is based on statute, (2) is 19 actionable, in an equivalent or similar manner, under the laws of this 20 state, and (3) was brought by the patient who received the gender-af- 21 firming care, or the patient's legal representative. 22 § 4. Subdivision (e) of section 3102 of the civil practice law and 23 rules, as amended by chapter 219 of the laws of 2022, is amended to read 24 as follows: 25 (e) Action pending in another jurisdiction. Except as provided in 26 section three thousand one hundred nineteen of this article, when under 27 any mandate, writ or commission issued out of any court of record in any 28 other state, territory, district or foreign jurisdiction, or whenever 29 upon notice or agreement, it is required to take the testimony of a 30 witness in the state, he or she may be compelled to appear and testify 31 in the same manner and by the same process as may be employed for the 32 purpose of taking testimony in actions pending in the state. The supreme 33 court or a county court shall make any appropriate order in aid of 34 taking such a deposition; provided that no order may be issued under 35 this section in connection with an out-of-state proceeding relating to 36 any abortion services or procedures or gender-affirming care which were 37 legally performed in this state, unless such out-of-state proceeding (1) 38 sounds in tort or contract, or is based on statute, (2) is actionable, 39 in an equivalent or similar manner, under the laws of this state, and 40 (3) was brought by the patient who received reproductive healthcare or 41 gender-affirming care, or the patient's legal representative. 42 § 5. Section 140.10 of the criminal procedure law is amended by adding 43 a new subdivision 3-b to read as follows: 44 3-b. A police officer may not arrest any person for performing or 45 aiding in the performance of gender-affirming care within this state, or 46 in procuring or aiding in the procurement of gender-affirming care in 47 this state, if the gender-affirming care is performed in accordance with 48 the provisions of any other applicable law of this state. 49 § 6. The criminal procedure law is amended by adding a new section 50 570.19 to read as follows: 51 § 570.19 Extradition of gender-affirming care providers, seekers, 52 parents, guardians, and helpers. 53 No demand for the extradition of a person subject to criminal liabil- 54 ity that is in whole or part based on the alleged provision or receipt 55 of, support for, or any theory of vicarious, joint, several or conspira- 56 cy liability for gender-affirming care lawfully performed in New York S. 2475--B 3 1 shall be recognized by the governor unless the executive authority of 2 the demanding state shall allege in writing that the accused was present 3 in the demanding state at the time of the commission of the alleged 4 offense, and that thereafter he, she or they fled from that state. 5 § 7. Subdivision 1 of section 6531-b of the education law is amended 6 by adding a new paragraph (c) to read as follows: 7 (c) "Gender-affirming care" means any type of care provided to an 8 individual to affirm their gender identity or gender expression; 9 provided that surgical interventions on minors with variations in their 10 sex characteristics that are not sought and initiated by the individual 11 patient are not gender-affirming care. 12 § 8. Subdivision 2 of section 6531-b of the education law, as added by 13 chapter 220 of the laws of 2022, is amended to read as follows: 14 2. The performance, recommendation, or provision of any reproductive 15 health services or gender-affirming care, as defined in subdivision one 16 of this section, by a health care practitioner acting within their scope 17 of practice, for a patient who resides in a state wherein the perform- 18 ance, recommendation, or provision of such reproductive health services 19 or gender affirming-care is illegal, shall not, by itself, constitute 20 professional misconduct under this title, or title two-A of article two 21 of the public health law, or any other law, rule or regulation governing 22 the licensure, certification, or authorization of such practitioner, nor 23 shall any license, certification or authorization of a health care prac- 24 titioner be revoked, suspended, or annulled or otherwise subject to any 25 other penalty or discipline provided in the public health law or this 26 title solely on the basis that such health care practitioner performed, 27 recommended, or provided any such reproductive health services or 28 gender-affirming care for a patient who resides in a state wherein the 29 performance, recommendation, or provision of such reproductive health 30 services or gender-affirming care is illegal. 31 § 9. Subdivision 9-c of section 230 of the public health law, as added 32 by chapter 220 of the laws of 2022, is amended to read as follows: 33 9-c. (a) Neither the board for professional medical conduct nor the 34 office of professional medical conduct shall charge a licensee, acting 35 within their scope of practice, with misconduct as defined in sections 36 sixty-five hundred thirty and sixty-five hundred thirty-one of the 37 education law, or cause a report made to the director of such office to 38 be investigated beyond a preliminary review as set forth in clause (A) 39 of subparagraph (i) of paragraph (a) of subdivision ten of this section, 40 where such report is determined to be based solely upon the performance, 41 recommendation, or provision of any reproductive health services as 42 defined in section sixty-five hundred thirty-one-b of the education law, 43 or gender-affirming care for a particular patient by such licensee where 44 such patient resides in a state wherein the performance, recommendation 45 or provision of such reproductive health services or gender-affirming 46 care is illegal. 47 (b) When a licensee, acting within their scope of practice, and in 48 accordance with paragraph e of subdivision four of section sixty-five 49 hundred twenty-seven of the education law, performs, recommends or 50 provides any reproductive health services or gender-affirming care for a 51 patient who resides in a state wherein the performance, recommendation, 52 or provision of any such reproductive health services or gender-affirm- 53 ing care is illegal, such performance, recommendation, or provision of 54 such reproductive health services or gender-affirming care for such 55 patient, shall not, by itself, constitute professional misconduct. The S. 2475--B 4 1 licensee shall otherwise abide by all other applicable professional 2 requirements. 3 § 10. Section 6505-d of the education law, as added by chapter 220 of 4 the laws of 2022, is amended to read as follows: 5 § 6505-d. Evaluation of prior disciplinary history for authorization 6 to practice. An applicant seeking licensure, certification, or authori- 7 zation pursuant to this title who has been subject to disciplinary 8 action by a duly authorized professional disciplinary agency of another 9 jurisdiction solely on the basis of having performed, recommended, or 10 provided an abortion pursuant to section twenty-five hundred ninety- 11 nine-bb of the public health law, or gender-affirming care shall not be 12 denied such licensure, certification, or authorization, unless the 13 department determines that such action would have constituted profes- 14 sional misconduct in this state. Provided however, that nothing in this 15 section shall be construed as prohibiting the department from evaluating 16 the conduct of such applicant and making a determination to be licensed, 17 certified, or authorized to practice a profession under this title. 18 § 11. The section heading and subsection (a) of section 3436-a of the 19 insurance law, as amended by section 4 of part LL of chapter 57 of the 20 laws of 2023, are amended to read as follows: 21 Adverse action against legal reproductive health care or gender-af- 22 firming care. (a) Every insurer that issues or renews medical malprac- 23 tice insurance covering a health care provider licensed to practice in 24 this state shall be prohibited from taking any adverse action against a 25 health care provider solely on the basis that the health care provider 26 performs an abortion or provides reproductive health care or gender-af- 27 firming care that is legal in this state on someone who is from out of 28 the state. Such policy shall include health care providers who legally 29 prescribe abortion medication to out-of-state patients by means of tele- 30 health. 31 § 12. This act shall take effect immediately.