Amd 3119, 3102 & 4550, add Art 3-A 350, CPLR; amd 6505-d, 6510 & 6531-b, add 6509-f, Ed L; amd 230, Pub
Health L; amd 90, Judy L; amd 3436-a, Ins L; add 394-i, Gen Bus L; rpld 570.19, 140.10 sub 3-b, amd 140.10 &
570.17, CP L; amd 837-x, rpld 837-x, Exec L; amd 70-b, Civ Rts L; amd 659, Fam Ct Act
Protects individuals who provide or receive legally protected health activity, including reproductive health care and gender-affirming care, from criminal or civil liability or professional sanctions imposed by jurisdictions outside the state.
STATE OF NEW YORK
________________________________________________________________________
5480--C
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. BRONSON, SIMON, SIMONE, REYES, HEVESI, SHIMSKY,
CLARK, GONZALEZ-ROJAS, LUNSFORD, LEVENBERG, EPSTEIN, BURROUGHS, LASH-
ER, R. CARROLL, ROMERO, MEEKS, SHRESTHA, GALLAGHER, O'PHARROW,
FORREST, GLICK, DINOWITZ, ROSENTHAL, TORRES, McDONALD, SEAWRIGHT,
BURDICK, STECK, RAMOS, McMAHON, MAGNARELLI -- read once and referred
to the Committee on Judiciary -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- reported and referred
to the Committee on Codes -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, the education law, the
public health law, the judiciary law, the insurance law, the general
business law, the criminal procedure law, the executive law, the civil
rights law, and the family court act, in relation to protecting indi-
viduals who provide or receive legally protected health activity from
criminal or civil liability or professional sanctions imposed by
jurisdictions outside the state; and to repeal certain provisions of
the criminal procedure law and the executive law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The legislature declares
2 that it is the public policy of New York state that every individual
3 possesses a fundamental right of privacy and equality with respect to
4 their personal medical decisions, and should be able to safely effectu-
5 ate those decisions, including by seeking and obtaining reproductive
6 health care or gender-affirming care, free from the threat that they may
7 be penalized for such legally protected care.
8 The legislature finds and reaffirms that the state has a paramount
9 interest in protecting access to health care, including reproductive
10 health care and gender-affirming health care, as such health care is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00432-10-5
A. 5480--C 2
1 fundamental to each person's exercise of bodily autonomy, dignity, and
2 equal citizenship. The state has enshrined the fundamental right to
3 bodily autonomy and reproductive decision-making in its constitution. It
4 has furthered codified in numerous statutes the principle that every
5 individual has the right to privacy and equality with respect to their
6 personal medical decisions, including reproductive and gender-affirming
7 health care.
8 The legislature further finds that, despite the vital importance of
9 reproductive and gender-affirming health care, those who seek, provide,
10 or facilitate such health care are facing an unprecedented risk that
11 they will be targeted or penalized for doing so. The state has a strong
12 public policy of promoting access to these vital forms of health care
13 for residents and non-residents alike, and of maintaining New York's
14 status as a beacon of reproductive freedom, health care access, and
15 equality for all. Efforts to penalize or restrict reproductive or
16 gender-affirming care have a chilling effect on access to this important
17 health care for all individuals, and accordingly threaten each person's
18 health and bodily autonomy.
19 To secure the fundamental right to bodily autonomy and ensure access
20 to health care, the legislature finds it is critical to enact
21 protections to shield those who seek, provide, or facilitate reproduc-
22 tive or gender-affirming health care from efforts to restrict or penal-
23 ize them for doing so.
24 In order to fully effectuate this purpose, the legislature finds and
25 affirms that this act's protections must apply not just to those who
26 seek or provide health care, but also to those who facilitate it, such
27 as organizations that offer financial assistance to people in need,
28 internet service providers that host websites offering accurate health
29 information, or a friend who drives their loved one to the clinic.
30 Facilitators play an important role in ensuring access to health care,
31 and efforts to restrict or penalize them because of their assistance in
32 the exercise of these important rights have a chilling effect on access
33 to care and thereby impinge upon the fundamental rights to privacy,
34 equality, and bodily autonomy.
35 § 2. Section 3119 of the civil practice law and rules, as added by
36 chapter 29 of the laws of 2010, subdivision (g) as amended by chapter
37 138 of the laws of 2023, paragraph 1 of subdivision (g) as amended by
38 chapter 89 of the laws of 2024, and subdivision (h) as amended by chap-
39 ter 101 of the laws of 2024, is amended to read as follows:
40 § 3119. Uniform interstate depositions and discovery. (a) Definitions.
41 For purposes of this section:
42 (1) "Out-of-state subpoena" means a subpoena issued under authority of
43 a court of record of a state other than this state.
44 (2) "Person" means an individual, corporation, business trust, estate,
45 trust, partnership, limited liability company, association, joint
46 venture, public corporation, government, or governmental subdivision,
47 agency or instrumentality, or any other legal or commercial entity.
48 (3) "State" means a state of the United States, the District of Colum-
49 bia, Puerto Rico, the United States Virgin Islands, or any territory or
50 insular possession subject to the jurisdiction of the United States.
51 (4) "Subpoena" means a document, however denominated, issued under
52 authority of a court of record requiring a person to:
53 (i) attend and give testimony at a deposition;
54 (ii) produce and permit inspection and copying of designated books,
55 documents, records, electronically stored information, or tangible
56 things in the possession, custody or control of the person; or
A. 5480--C 3
1 (iii) permit inspection of premises under the control of the person.
2 (5) "Legally protected health activity" shall have the same meaning as
3 defined by section 570.17 of the criminal procedure law.
4 (6) "Gender-affirming care" shall have the same meaning as defined by
5 section 570.17 of the criminal procedure law.
6 (7) "Reproductive health care" shall have the same meaning as defined
7 by section 570.17 of the criminal procedure law.
8 (b) Issuance of subpoena. (1) To request issuance of a subpoena under
9 this section, a party must submit an out-of-state subpoena to the county
10 clerk in the county in which discovery is sought to be conducted in this
11 state. A request for the issuance of a subpoena under this section does
12 not constitute an appearance in the courts of this state except as
13 provided in subparagraph (iii) of paragraph two of this subdivision.
14 (2) [When] (i) Any request for the issuance of a subpoena under para-
15 graph one of this subdivision and any subpoena issued under paragraph
16 five of this subdivision shall include an affirmation under penalty of
17 perjury that such subpoena either:
18 (A) is not related to any investigation or proceeding that seeks to
19 impose civil or criminal liability, professional sanctions, or any other
20 legal consequences upon a person for any legally protected health activ-
21 ity; or
22 (B) is related to such an investigation or proceeding, but falls with-
23 in an exception provided in subparagraph (i) of paragraph one of subdi-
24 vision (g) of this section. Such affirmation shall identify which excep-
25 tion applies to the request.
26 (ii) The chief administrator of the courts shall promulgate a stand-
27 ardized form for any affirmation submitted pursuant to this paragraph.
28 (iii) A party that submits a false affirmation pursuant to this
29 section shall be subject to the jurisdiction of the courts of this state
30 for any suit, penalties, or damages arising out of such false affirma-
31 tion. A court shall assess a statutory penalty of fifteen thousand
32 dollars per violation if the court finds such false affirmation was made
33 intentionally, knowingly, willingly or recklessly. This shall be in
34 addition to any other legal or equitable remedy lawfully available. The
35 attorney general may commence an action or special proceeding for
36 damages and/or penalties against any party that submits a false affirma-
37 tion pursuant to this subparagraph.
38 (iv) Any action or special proceeding brought by the attorney general
39 pursuant to this paragraph shall be commenced within six years of either
40 (A) the date on which the inquiry, investigation, subpoena, or summons
41 that such false affirmation accompanied was filed with the county clerk,
42 for subpoenas requested pursuant to paragraph one of this subdivision;
43 or (B) the date on which the subpoena was issued, for subpoenas issued
44 pursuant to paragraph five of this subdivision.
45 (3) Except as provided by subdivision (g) of this section, when a
46 party submits an out-of-state subpoena to the county clerk, the clerk,
47 in accordance with that court's procedure and subject to the provisions
48 of article twenty-three of this chapter, shall promptly issue a subpoena
49 for service upon the person to which the out-of-state subpoena is
50 directed.
51 [(3)] (4) A subpoena under paragraph [two] three of this subdivision
52 must:
53 (i) incorporate the terms used in the out-of-state subpoena; [and]
54 (ii) contain or be accompanied by the names, addresses and telephone
55 numbers of all counsel of record in the proceeding to which the subpoena
56 relates and of any party not represented by counsel; and
A. 5480--C 4
1 (iii) include the affirmation required by paragraph two of this subdi-
2 vision.
3 [(4)] (5) Notwithstanding paragraph one of this subdivision, and
4 except as provided by subdivision (g) of this section, if a party to an
5 out-of-state proceeding retains an attorney licensed to practice in this
6 state, and that attorney receives the original or a true copy of an
7 out-of-state subpoena, the attorney may issue a subpoena under this
8 section.
9 (c) Service of subpoena. A subpoena issued under this section must be
10 served in compliance with sections two thousand three hundred two and
11 two thousand three hundred three of this chapter.
12 (d) Deposition, production and inspection. Sections two thousand three
13 hundred three, two thousand three hundred five, two thousand three
14 hundred six, two thousand three hundred seven, two thousand three
15 hundred eight and this article apply to subpoenas issued under subdivi-
16 sion (b) of this section.
17 (e) Application to court. An application to the court for a protective
18 order or to enforce, quash, or modify a subpoena issued under this
19 section must comply with the rules or statutes of this state and be
20 submitted to the court in the county in which discovery is to be
21 conducted.
22 (f) Uniformity of application and construction. [In] Except as
23 provided in subdivision (g) of this section, in applying and construct-
24 ing this uniform act, consideration shall be given to the need to
25 promote uniformity of the law with respect to its subject matter among
26 states that enact it.
27 (g) [(1)] Out-of-state proceedings regarding legally protected health
28 activities. Notwithstanding any other provisions of this section or any
29 other law, no court [or], county clerk, or attorney licensed to practice
30 in this state shall issue a subpoena under this section in connection
31 with an out-of-state proceeding relating to any legally protected health
32 activity [which occurred in this state], unless:
33 (1) such out-of-state proceeding (i) sounds in tort or contract, (ii)
34 is actionable, in an equivalent or similar manner, under the laws of
35 this state, and (iii) was brought by the [patient] person who received
36 reproductive health [services as defined in paragraph (a) of subdivision
37 one of section 570.17 of the criminal procedure law] care or gender-af-
38 firming care, or the [patient's] person's legal representative, so long
39 as the [patient] person gives express consent unless express consent is
40 not feasible due to [patient] their injury or death; and
41 (2) the subpoena is accompanied by an affirmation compliant with para-
42 graph two of subdivision (b) of this section.
43 [(2) For purposes of this subdivision, the terms "legally protected
44 health activity" and "reproductive health services" shall have the same
45 meanings as defined in subdivision one of section 570.17 of the criminal
46 procedure law.
47 (h) Subpoenas related to gender-affirming care. Notwithstanding any
48 other provisions of law, no court or county clerk shall issue a subpoena
49 under this section in connection with an out-of-state proceeding relat-
50 ing to any gender-affirming care, as defined in paragraph (c) of subdi-
51 vision one of section sixty-five hundred thirty-one-b of the education
52 law, which was legally performed, sought, received, or supported in this
53 state, unless such out-of-state proceeding (1) sounds in tort or
54 contract, or is based on statute, (2) is actionable, in an equivalent or
55 similar manner, under the laws of this state, and (3) was brought by the
A. 5480--C 5
1 patient who received the gender-affirming care, or the patient's legal
2 representative.]
3 § 3. Subdivision (e) of section 3102 of the civil practice law and
4 rules, as separately amended by chapter 138 of the laws of 2023 and
5 chapter 101 of the laws of 2024, is amended, subdivision (f) is relet-
6 tered subdivision (g) and a new subdivision (f) is added to read as
7 follows:
8 (e) Action pending in another jurisdiction. Except as provided in
9 section three thousand one hundred nineteen of this article, when under
10 any mandate, writ or commission issued out of any court of record in any
11 other state, territory, district or foreign jurisdiction, or whenever
12 upon notice or agreement, it is required to take the testimony of a
13 witness in the state, [he or she] such witness may be compelled to
14 appear and testify in the same manner and by the same process as may be
15 employed for the purpose of taking testimony in actions pending in the
16 state. The supreme court or a county court shall make any appropriate
17 order in aid of taking such a deposition; provided that no order [may]
18 shall be issued under this section in connection with an out-of-state
19 proceeding relating to any legally protected health activity, as defined
20 in [paragraph (b) of subdivision one of] section 570.17 of the criminal
21 procedure law [or gender-affirming care, as defined in paragraph (c) of
22 subdivision one of section sixty-five hundred thirty-one-b of the
23 education law, which occurred in this state], unless:
24 (1) such out-of-state proceeding [(1)] (i) sounds in tort or contract,
25 [(2)] (ii) is actionable, in an equivalent or similar manner, under the
26 laws of this state, and [(3)] (iii) was brought by the [patient] person
27 who received reproductive health [services] care or gender-affirming
28 care, as such terms are defined in section 570.17 of the criminal proce-
29 dure law, or the [patient's] person's legal representative in a manner
30 consistent with subdivision (g) of section three thousand one hundred
31 nineteen of this article; and
32 (2) the petition for such an order is accompanied by an affirmation
33 compliant with subdivision (f) of this section.
34 (f) (1) Any petition for such an order brought under subdivision (e)
35 of this section shall include an affirmation under penalty of perjury
36 that the discovery either:
37 (i) is not related to, and that any information obtained shall not be
38 used in, any investigation or proceeding that seeks to impose civil or
39 criminal liability, professional sanctions, or any other legal conse-
40 quences upon a person for any legally protected health activity; or
41 (ii) is related to such an investigation or proceeding, but falls
42 within an exception provided in paragraph one of subdivision (g) of
43 section three thousand one hundred nineteen of this article. Such affir-
44 mation shall identify which exception applies to the request.
45 (2) A party that submits a false affirmation pursuant to this section
46 shall be subject to the jurisdiction of the courts of this state for any
47 suit, penalties, or damages arising out of the false affirmation. A
48 court shall assess a statutory penalty of fifteen thousand dollars per
49 violation if the court finds the false affirmation was made inten-
50 tionally, knowingly, willingly or recklessly. This shall be in addition
51 to any other legal or equitable remedy lawfully available. The attorney
52 general may commence an action or special proceeding for damages and/or
53 penalties against any party that submits a false affirmation pursuant to
54 this section. Any action or special proceeding brought by the attorney
55 general pursuant to this section shall be commenced within six years of
56 the date on which the inquiry, investigation, subpoena, or summons that
A. 5480--C 6
1 such false affirmation accompanied was filed with the supreme court or
2 county court.
3 § 4. Section 6505-d of the education law, as amended by chapter 101 of
4 the laws of 2024, 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, as defined
12 in paragraph (c) of subdivision one of section sixty-five hundred thir-
13 ty-one-b of the education law] engaged in legally protected health
14 activity, as defined by section 570.17 of the criminal procedure law,
15 shall not be denied such licensure, certification, or authorization,
16 unless the department determines that such action would have constituted
17 professional misconduct in this state. Provided however, that nothing in
18 this section shall be construed as prohibiting the department from eval-
19 uating the conduct of such applicant and making a determination to be
20 licensed, certified, or authorized to practice a profession under this
21 title.
22 § 5. Subdivision 1 of section 6510 of the education law is amended by
23 adding a new paragraph b-1 to read as follows:
24 b-1. Legally protected health activities. The department shall not
25 charge a licensee, acting within their scope of practice, with profes-
26 sional misconduct as defined in section sixty-five hundred nine of this
27 subarticle, or cause a complaint made by any person to the department to
28 be investigated beyond a preliminary review, solely on the basis that
29 such licensee engaged in legally protected health activity, as defined
30 by section 570.17 of the criminal procedure law. Such preliminary review
31 shall determine if such report reasonably appears to reflect conduct
32 warranting further investigation pursuant to this paragraph.
33 § 6. Subdivisions 1 and 2 of section 6531-b of the education law,
34 subdivision 1 as added by chapter 220 of the laws of 2022, paragraph (c)
35 of subdivision 1 as added by chapter 143 of the laws of 2023, and subdi-
36 vision 2 as separately amended by chapters 138 and 143 of the laws of
37 2023, are amended to read as follows:
38 1. As used in this section, the following terms shall have the follow-
39 ing meanings:
40 (a) "Reproductive health [services] care" shall mean and include[:
41 (i) abortion pursuant to section twenty-five hundred ninety-nine-bb of
42 the public health law;
43 (ii) emergency contraception as defined in section twenty-eight
44 hundred five-p of the public health law; and
45 (iii) medical, surgical, counseling or referral services relating to
46 the human reproductive system, including services relating to pregnancy
47 or the termination of a pregnancy] all services, care, or products of a
48 medical, surgical, psychiatric, therapeutic, diagnostic, mental health,
49 behavioral health, preventative, rehabilitative, supportive, consulta-
50 tive, referral, prescribing, or dispensing nature relating to the human
51 reproductive system provided in accordance with the constitution and the
52 laws of this state, whether provided in person or by means of telehealth
53 or telehealth services, which includes, but is not limited to, all
54 services, care, and products relating to pregnancy, assisted reprod-
55 uction, contraception, miscarriage management or abortion, including but
56 not limited to care an individual provides to themself.
A. 5480--C 7
1 (b) "Health care practitioner" means a person who is licensed, certi-
2 fied, or authorized under this title and acting within their lawful
3 scope of practice.
4 (c) "Gender-affirming care" means any type of care provided to an
5 individual to affirm their gender identity or gender expression, includ-
6 ing but not limited to care an individual provides to themself; provided
7 that surgical interventions on minors with variations in their sex char-
8 acteristics that are not sought and initiated by the individual patient
9 are not gender-affirming care.
10 2. [The performance, recommendation, or provision of any reproductive
11 health services or gender-affirming care, as defined in subdivision one
12 of this section, or any] Any legally protected health activity, as
13 defined [in paragraph (b) of subdivision one of] by section 570.17 of
14 the criminal procedure law, by a health care practitioner acting within
15 their scope of practice, [for a patient who resides in a state wherein
16 the performance, recommendation, or provision of such reproductive
17 health services or gender-affirming care is illegal,] shall not, by
18 itself, constitute professional misconduct under this title, or title
19 two-A of article two of the public health law, or any other law, rule or
20 regulation governing the licensure, certification, or authorization of
21 such practitioner, nor shall any license, certification or authorization
22 of a health care practitioner be revoked, suspended, or annulled or
23 otherwise subject to any other penalty or discipline provided in the
24 public health law or this title solely on the basis that such health
25 care practitioner [performed, recommended, or provided any such repro-
26 ductive health services or gender-affirming care for a patient who
27 resides in a state wherein the performance, recommendation, or provision
28 of such reproductive health services or gender-affirming care is ille-
29 gal] engaged in legally protected health activity, as defined by section
30 570.17 of the criminal procedure law.
31 § 7. The education law is amended by adding a new section 6509-f to
32 read as follows:
33 § 6509-f. Limited exemption from professional misconduct; legally
34 protected health activity. 1. As used in this section, the term "health
35 care practitioner" means a person who is licensed, certified, or author-
36 ized under this title and acting within their lawful scope of practice
37 and includes, but is not limited to persons subject to articles one
38 hundred thirty-one, one hundred thirty-one-B, one hundred thirty-six,
39 one hundred thirty-seven, one hundred thirty-seven-A, one hundred thir-
40 ty-nine, one hundred forty, one hundred fifty-three, one hundred fifty-
41 four, one hundred fifty-six, one hundred fifty-nine, or one hundred
42 sixty-three of this title or any other person designated as a health
43 care practitioner by law, rule, or regulation.
44 2. Any legally protected health activity, as defined by section 570.17
45 of the criminal procedure law, by a health care practitioner acting
46 within their scope of practice, shall not, by itself, constitute profes-
47 sional misconduct under this title, or any other law, rule or regulation
48 governing the licensure, certification, or authorization of such practi-
49 tioner, nor shall any license, certification, or authorization of a
50 health care practitioner be revoked, suspended, or annulled, or other-
51 wise subject to any other penalty or discipline provided in the public
52 health law or this title solely on the basis that such health care prac-
53 titioner engaged in legally protected health activity.
54 3. Nothing in this section shall be construed to expand the scope of
55 practice of any individual licensed, certified, or authorized under this
A. 5480--C 8
1 title, nor does this section give any such individual the authority to
2 act outside their scope of practice, as defined in this title.
3 § 8. Subdivisions 9-a and 9-c of section 230 of the public health law,
4 subdivision 9-a as amended by chapter 477 of the laws of 2008, subdivi-
5 sion 9-c as amended by chapter 143 of the laws of 2023 and paragraph (a)
6 of subdivision 9-c as amended by chapter 101 of the laws of 2024, are
7 amended to read as follows:
8 9-a. At any time, if the board for professional medical conduct or the
9 office of professional medical conduct determines that there is a
10 reasonable belief that an act or omission that constitutes a crime under
11 the law of the state of New York, any other state, or the United States
12 has been committed by the licensee, the board for professional medical
13 conduct or office of professional medical conduct shall notify the
14 appropriate law enforcement official or authority except when the act or
15 omission constitutes legally protected health activity, as defined by
16 section 570.17 of the criminal procedure law.
17 9-c. (a) Neither the board for professional medical conduct nor the
18 office of professional medical conduct shall charge a licensee, acting
19 within their scope of practice, with misconduct as defined in sections
20 sixty-five hundred thirty and sixty-five hundred thirty-one of the
21 education law, or cause a report made to the director of such office to
22 be investigated beyond a preliminary review as set forth in clause (A)
23 of subparagraph (i) of paragraph (a) of subdivision ten of this section,
24 where such report is determined to be based solely upon [the perform-
25 ance, recommendation, or provision of any reproductive health services
26 as defined in section sixty-five hundred thirty-one-b of the education
27 law, or gender-affirming care, as defined in paragraph (c) of subdivi-
28 sion one of section sixty-five hundred thirty-one-b of the education
29 law, for a particular patient by such licensee where such patient
30 resides in a state wherein the performance, recommendation or provision
31 of such reproductive health services or gender-affirming care is ille-
32 gal] any legally protected health activity, as defined by section 570.17
33 of the criminal procedure law.
34 (b) When a licensee, acting within their scope of practice, and in
35 accordance with paragraph e of subdivision four of section sixty-five
36 hundred twenty-seven of the education law, [performs, recommends or
37 provides any reproductive health services or gender-affirming care for a
38 patient who resides in a state wherein the performance, recommendation,
39 or provision of any such reproductive health services or gender-affirm-
40 ing care is illegal, such performance, recommendation, or provision of
41 such reproductive health services or gender-affirming care for such
42 patient,] engages in legally protected health activity, as defined by
43 section 570.17 of the criminal procedure law, such legally protected
44 activity shall not, by itself, constitute professional misconduct. The
45 licensee shall otherwise abide by all other applicable professional
46 requirements.
47 § 9. Section 90 of the judiciary law is amended by adding a new subdi-
48 vision 2-b to read as follows:
49 2-b. Notwithstanding any general or special law or rule or regulation
50 to the contrary, no attorney licensed in this state may be removed or
51 otherwise subject to discipline, including reprimand, censure, monetary
52 fine, or the revocation, suspension, or cancellation of the attorney's
53 license, for advising or representing a client or prospective client
54 related to reproductive health care or gender-affirming care, as defined
55 by section 570.17 of the criminal procedure law, if the sole reason for
56 such removal or discipline is that (i) the client offered, provided,
A. 5480--C 9
1 facilitated, or received reproductive health care or gender-affirming
2 care that is unlawful in another state; (ii) another state's laws create
3 actual or potential liability for the reproductive health care or
4 gender-affirming care offered, provided, facilitated, or received by the
5 client; or (iii) the attorney is subject to actual or potential liabil-
6 ity, removal, or discipline in another jurisdiction based on the repro-
7 ductive health care or gender-affirming care offered, provided, facili-
8 tated, or received by their client, so long as the attorney's conduct
9 complies with the laws of this state and meets the standards set forth
10 in the Rules of Professional Conduct promulgated by the judicial depart-
11 ments of the appellate division of the New York state supreme court.
12 § 10. Subsection (a) of section 3436-a of the insurance law, as sepa-
13 rately amended by chapter 138 of the laws of 2023 and chapter 101 of the
14 laws of 2024, is amended and two new subsections (e) and (f) are added
15 to read as follows:
16 (a) Every insurer that issues or renews medical malpractice insurance
17 or professional liability insurance covering a health care provider
18 licensed to practice in this state shall be prohibited from taking any
19 adverse action against a health care provider solely on the basis that
20 the health care provider engages in legally protected health activity,
21 as defined [in paragraph (b) of subdivision one of] by section 570.17 of
22 the criminal procedure law[, or gender-affirming care, as defined in
23 paragraph (c) of subdivision one of section sixty-five hundred thirty-
24 one-b of the education law, that is legal in this state with someone who
25 is from out of the state]. The superintendent is expressly authorized to
26 interpret "legally protected health activity" as if such definition was
27 stated within this section. Such policy shall include health care
28 providers who prescribe abortion medication to out-of-state patients by
29 means of telehealth.
30 (e) As used in this section, "professional liability insurance" shall
31 mean insurance against legal liability of the insured, and against loss,
32 damage, or expense incident to a claim of such liability arising out of
33 the death or injury of any person due to medical, psychiatric, mental
34 health, or other malpractice by any licensed physician assistant, phys-
35 ical therapist, physical therapist assistant, pharmacist, registered
36 pharmacy technician, nurse, psychologist, psychiatrist, social worker,
37 occupational therapist, speech-language pathologist, or mental health
38 practitioner.
39 (f) As used in this section, "health care provider" shall mean a
40 person who is licensed, certified, or authorized under title eight of
41 the education law and acting within their lawful scope of practice and
42 includes, but is not limited to persons subject to articles one hundred
43 thirty-one, one hundred thirty-one-B, one hundred thirty-six, one
44 hundred thirty-seven, one hundred thirty-seven-A, one hundred thirty-
45 nine, one hundred forty, one hundred fifty-three, one hundred fifty-
46 four, one hundred fifty-six, one hundred fifty-nine, or one hundred
47 sixty-three of the education law or any other person designated as a
48 health care provider by law, rule, or regulation.
49 § 11. The general business law is amended by adding a new section
50 394-i to read as follows:
51 § 394-i. Legally protected health activities. 1. For the purposes of
52 this section, the term "legally protected health activity" shall have
53 the same meaning as defined by section 570.17 of the criminal procedure
54 law.
55 2. No person or entity that is located, headquartered, or incorporated
56 in New York state and receives, is served with, or is subject to a
A. 5480--C 10
1 civil, criminal, or regulatory inquiry, investigation, subpoena, or
2 summons for information regarding legally protected health activity
3 shall comply with or provide information in response to such inquiry,
4 investigation, subpoena, or summons unless:
5 (a) such inquiry, investigation, subpoena, or summons contains or is
6 accompanied by an affirmation under penalty of perjury attesting that
7 either:
8 (i) it is not related to, and that any information obtained shall not
9 be used in, any investigation or proceeding that seeks to impose civil
10 or criminal liability, professional sanctions, or any other legal conse-
11 quences upon a person or entity for any legally protected health activ-
12 ity; or
13 (ii) it is related to such an investigation or proceeding, but falls
14 within an exception provided in paragraph one of subdivision (g) of
15 section three thousand one hundred nineteen of the civil practice law
16 and rules, and identifies which exception applies to the information
17 request;
18 (b) the person or entity receiving or subject to such inquiry, inves-
19 tigation, subpoena, or summons regarding legally protected health activ-
20 ity has:
21 (i) notified the attorney general within seventy-two hours of receiv-
22 ing such inquiry, investigation, subpoena, or summons; indicated in such
23 notice whether such person or entity intends to comply with such
24 inquiry, investigation, subpoena, or summons; provided a copy of such
25 inquiry, investigation, subpoena, or summons and any related materials
26 to the attorney general; and
27 (ii) made reasonable attempts to notify the individual or individuals
28 who provided, sought, received, facilitated, or otherwise engaged in
29 such legally protected health activity to which such inquiry, investi-
30 gation, subpoena, or summons pertains at least thirty days prior to
31 providing any responsive information, unless otherwise ordered by a
32 court of competent jurisdiction; and
33 (c) a minimum of thirty days has passed since such person or entity
34 notified the attorney general of such inquiry, investigation, subpoena,
35 or summons pursuant to paragraph (b) of this subdivision.
36 3. A person or entity who submits a false affirmation in violation of
37 subdivision two of this section shall be subject to the jurisdiction of
38 the courts of this state for any suit, penalties, or damages arising out
39 of such false affirmation.
40 (a) The attorney general may commence an action or special proceeding
41 for damages and/or penalties against any person or entity that submits a
42 false affirmation in violation of subdivision two of this section.
43 (i) The courts of this state shall assess a statutory penalty of
44 fifteen thousand dollars per violation against any person or entity
45 found to have intentionally, knowingly, willingly, or recklessly submit-
46 ted a false affirmation. This shall be in addition to any other legal or
47 equitable remedy lawfully available.
48 (ii) Any action or special proceeding brought by the attorney general
49 pursuant to this section shall be commenced within six years of the date
50 on which the attorney general received notice of the inquiry, investi-
51 gation, subpoena, or summons that such false affirmation accompanied.
52 4. The attorney general of this state may commence an action or
53 special proceeding to enforce the provisions of this section, including
54 but not limited to an application or motion for an order enjoining ongo-
55 ing or future violations of this section. The attorney general shall not
56 commence such an action unless the attorney general has reason to
A. 5480--C 11
1 believe the defendant or respondent intends to comply or has complied
2 with an inquiry, investigation, subpoena, or summons regarding legally
3 protected health activity.
4 (a) Any action or special proceeding brought by the attorney general
5 pursuant to this section shall be commenced within six years of the date
6 on which the attorney general received notice of the inquiry, investi-
7 gation, subpoena, or summons at issue.
8 (b) Notwithstanding any contrary provision of law, the attorney gener-
9 al may seek all available legal and equitable remedies.
10 (c) The courts of this state shall assess a statutory penalty of
11 fifteen thousand dollars per violation against any person or entity
12 found to have intentionally, knowingly, willingly, or recklessly
13 complied with an inquiry, investigation, subpoena, or summons regarding
14 legally protected health activity in violation of this section. This
15 shall be in addition to any other legal or equitable remedy lawfully
16 available.
17 5. Any person or entity that is located, headquartered, or incorpo-
18 rated in New York state and receives, is served with, or is subject to a
19 civil, criminal, or regulatory inquiry, investigation, subpoena, or
20 summons for information regarding legally protected health activity may
21 institute a civil action to obtain declaratory relief, or such other
22 relief deemed necessary and proper by the court, stating that this
23 section prohibits their compliance with the inquiry, investigation,
24 subpoena, or summons.
25 (a) At or before the commencement of any action under this section,
26 notice thereof and a copy of the commencing document and all supporting
27 documents shall be served upon the attorney general.
28 (b) The attorney general is authorized to intervene in any such action
29 brought pursuant to this section.
30 (c) If the person or entity initiating an action brought under this
31 section prevails in such action, the court shall award reasonable costs
32 and attorney's fees.
33 (d) Any action brought pursuant to this section shall be commenced
34 within one year of the date on which the inquiry, investigation, subpoe-
35 na, or summons at issue was received or served, whichever is later.
36 6. Any person or entity that issues or causes to be issued a civil,
37 criminal, or regulatory inquiry, investigation, subpoena, or summons to
38 a person or entity located, headquartered, or incorporated in New York
39 state shall be subject to the jurisdiction of the courts of this state
40 for any action, suit, penalties, or damages arising out of this section.
41 7. Where compliance with this section delays or prohibits a person's
42 or entity's response to a subpoena, such person or entity shall not be
43 held in contempt or otherwise subject to legal consequences under
44 section two thousand three hundred eight of the civil practice law and
45 rules or any other law of this state for their delay in responding or
46 failure to respond.
47 8. Nothing in this section shall be construed to prohibit compliance
48 with the investigation of any activity which would violate the laws of
49 this state. Nothing in this section shall be construed to prohibit
50 sharing information regarding legally protected health activity in
51 response to the written request of a person who received the reproduc-
52 tive health care or gender-affirming care or their legal representative
53 as provided in paragraph one of subdivision (g) of section three thou-
54 sand one hundred nineteen of the civil practice law and rules, or in
55 response to the written request of a person or entity who is the subject
56 of an investigation or proceeding that seeks to impose civil or criminal
A. 5480--C 12
1 liability, professional sanctions, or any other legal consequences upon
2 them for legally protected health activity. In each case, information
3 shall only be shared to the extent necessary to fulfill such request.
4 9. Nothing in this section shall prohibit disclosure of deidentified
5 information in compliance with federal grant reporting requirements or
6 other reporting requirements under federal law, or identified informa-
7 tion when strictly necessary to comply with a federal audit of specific
8 services for which payment has been made by the federal government.
9 Nothing in this section shall prohibit compliance with a valid federal
10 court order.
11 10. This section shall not be construed to allow for the provision of
12 any information to any individual or any agency or department outside
13 New York state which would not otherwise be available under state law.
14 § 12. Section 570.19 of the criminal procedure law is REPEALED.
15 § 13. Subdivision 3-b of section 140.10 of the criminal procedure law
16 is REPEALED.
17 § 14. Subdivision 3-a of section 140.10 of the criminal procedure law,
18 as amended by chapter 138 of the laws of 2023, is amended to read as
19 follows:
20 3-a. A police officer [may] shall not arrest any person for any legal-
21 ly protected health activity [within this state] as defined in section
22 570.17 of this chapter.
23 § 15. Section 837-x of the executive law, as amended by chapter 138 of
24 the laws of 2023 and subdivision 2 as amended by chapter 89 of the laws
25 of 2024, is amended to read as follows:
26 § 837-x. Cooperation with certain out-of-state investigations. 1. For
27 purposes of this section, the following terms shall have the following
28 meanings:
29 (a) "Reproductive health [services] care" shall have the same meaning
30 as [paragraph (a) of subdivision one of] defined by section 570.17 of
31 the criminal procedure law; [and]
32 (b) "Legally protected health activity" shall have the same meaning as
33 [paragraph (b) of subdivision one of] defined by section 570.17 of the
34 criminal procedure law; and
35 (c) "Gender-affirming care" shall have the same meaning as defined by
36 section 570.17 of the criminal procedure law.
37 2. (a) No state or local government employee or entity or other person
38 acting on behalf of state or local government shall cooperate with or
39 provide information to any out-of-state individual or out-of-state agen-
40 cy or department regarding any legally protected health activity [in
41 this state], or otherwise expend or use time, moneys, facilities, prop-
42 erty, equipment, personnel or other resources in furtherance of any
43 investigation or proceeding that seeks to impose civil or criminal
44 liability [or], professional sanctions, or any other legal consequences
45 upon a person or entity for any legally protected health activity
46 [occurring in this state]; except that the commissioner of health may
47 share deidentified information as strictly necessary to respond to a
48 public health emergency or an imminent threat to public health, or to
49 consult and cooperate with the appropriate agencies of the federal
50 government or of other states in accordance with the functions, powers,
51 and duties of the department as outlined under section two hundred one
52 of the public health law, and may share identified information in such
53 circumstances only when strictly necessary and with the consent of the
54 [patient] person. For purposes of this section, "deidentified" means
55 that the information cannot identify or be made to identify or be asso-
56 ciated with a particular individual, directly or indirectly, and is
A. 5480--C 13
1 subject to technical safeguards and policies and procedures that prevent
2 reidentification, whether intentionally or unintentionally, of any indi-
3 vidual.
4 (b) Nothing in this section shall prohibit the investigation of any
5 reproductive health [services] care or gender-affirming care rendered in
6 violation of the laws of this state, provided that no information relat-
7 ing to any medical procedure performed on a specific individual [may]
8 shall be shared with an out-of-state agency or any other individual.
9 Nothing in this section shall prohibit compliance with a valid, court-
10 issued subpoena or warrant which does not relate to [a law seeking] any
11 effort to impose civil or criminal liability [or], professional sanc-
12 tions, or any other legal consequences for a legally protected health
13 activity, or in response to the written request of a person who is the
14 subject of such an investigation [or], proceeding, or other effort, to
15 the extent necessary, in each case, to fulfill such request.
16 (c) Nothing in this section shall prohibit disclosure of deidentified
17 information in compliance with federal grant reporting requirements or
18 other reporting requirements under federal law.
19 (d) This section shall not be construed to allow for the provision of
20 any information to any individual or out-of-state agency or department
21 which would not otherwise be available under state law.
22 § 16. Section 837-x of the executive law, as amended by chapter 101 of
23 the laws of 2024, is REPEALED.
24 § 17. Section 4550 of the civil practice law and rules, as added by
25 chapter 138 of the laws of 2023, is amended to read as follows:
26 § 4550. Admissibility of evidence related to legally protected health
27 activity. Evidence relating to the involvement of a party engaging in
28 [one or more] legally protected health activity, as defined [in para-
29 graph (b) of subdivision one of] by section 570.17 of the criminal
30 procedure law[, relating to providing reproductive health services to
31 persons not physically present in this state] shall not be offered
32 against such party as evidence that such party has engaged in any wrong-
33 doing, whether civil, criminal, professional, or otherwise by virtue of
34 [such recipients of such services not being physically present in this
35 state] engaging in such legally protected health activity. Nothing in
36 this section shall prevent a party from offering such evidence in a
37 proceeding that (i) sounds in tort or contract, (ii) is actionable, in
38 an equivalent or similar manner, under the laws of this state, and (iii)
39 was brought by the [patient] person who received reproductive health
40 [services] care or gender-affirming care, or the [patient's] person's
41 legal representative in a manner consistent with subparagraph (iii) of
42 paragraph one of subdivision (g) of section three thousand one hundred
43 nineteen of this chapter.
44 § 18. Section 70-b of the civil rights law, as added by chapter 218 of
45 the laws of 2022 and paragraph (b) of subdivision 3 as amended by chap-
46 ter 26 of the laws of 2023, is amended to read as follows:
47 § 70-b. Unlawful interference with protected rights. 1. For the
48 purposes of this section, the term "legally protected health activity"
49 shall have the same meaning as defined by section 570.17 of the criminal
50 procedure law.
51 2. A claim of unlawful interference with protected rights is estab-
52 lished under this section. Such claim shall arise when a person demon-
53 strates that they [exercised or attempted to exercise, or facilitated or
54 attempted to facilitate the exercise of a right protected under the
55 constitution of the state of New York and/or protected or permitted by
56 the laws of the state of New York, to obtain or provide the medical care
A. 5480--C 14
1 described in subdivision six of this section, and such exercise,
2 provision, facilitation, or attempt thereof] engaged in legally
3 protected health activity that results in litigation or criminal charges
4 brought against that person in any court in the United States or its
5 territories.
6 [2.] 3. Such claim shall arise when any person or entity commences an
7 action in any court, in the United States or any of its territories, in
8 which the allegations against the person, whether civil or criminal,
9 involve [accessing, providing, facilitating, or attempting to access,
10 provide, or facilitate the medical care described in subdivision six of
11 this section] legally protected health activity.
12 [3.] 4. In a claim for unlawful interference with protected rights
13 under this section:
14 (a) compensatory damages, as well as costs and attorneys' fees,
15 including expert witness fees, shall be recoverable upon a demonstration
16 of unlawful interference; and
17 (b) additional damages of up to three times the amount of compensatory
18 damages shall be recoverable upon an additional demonstration that the
19 action against the plaintiff was commenced or continued for the purpose
20 of harassing, intimidating, punishing or otherwise maliciously inhibit-
21 ing the exercise of rights protected in New York, including but not
22 limited to [the rights in subdivision six of this section] legally
23 protected health activity.
24 [4.] 5. Any action or proceeding brought pursuant to this section
25 shall be commenced no later than six years after the date on which the
26 [violation of this section is committed] claim under this section
27 arises.
28 [5.] 6. Nothing in this section shall affect or preclude the right of
29 any party to any recovery otherwise authorized by common law, or by
30 statute, law or rule.
31 [6. Rights specifically protected under this section shall include
32 lawfully provided medical care including but not limited to reproductive
33 and/or endocrine health care, and all medical, surgical, counseling or
34 referral services relating to the human reproductive system, including
35 but not limited to services relating to pregnancy, contraception, or the
36 termination of a pregnancy.]
37 7. An action under this section shall be brought in the Supreme Court
38 of the state of New York.
39 § 19. Section 570.17 of the criminal procedure law, as amended by
40 chapter 138 of the laws of 2023, is amended to read as follows:
41 § 570.17 Extradition for legally protected health activity.
42 1. For purposes of this section, the following terms shall have the
43 following meanings:
44 (a) "Reproductive health [services] care" shall mean and include all
45 services, care, or products of a medical, surgical, psychiatric, thera-
46 peutic, diagnostic, mental health, behavioral health, preventative,
47 rehabilitative, supportive, consultative, referral, prescribing, or
48 dispensing nature relating to the human reproductive system provided in
49 accordance with the constitution and the laws of this state, whether
50 provided in person or by means of telehealth or telehealth services,
51 which includes, but is not limited to, all services, care and products
52 relating to pregnancy, assisted reproduction, contraception, miscarriage
53 management or [the termination of a pregnancy, and self-managed termi-
54 nations] abortion, including but not limited to care an individual
55 provides to themself.
A. 5480--C 15
1 (b) "Gender-affirming care" shall mean and include any type of care
2 provided to an individual to affirm their gender identity or gender
3 expression, including but not limited to care an individual provides to
4 themself; provided that surgical interventions on minors with variations
5 in their sex characteristics that are not sought and initiated by the
6 individual patient are not gender-affirming care.
7 (c) "Legally protected health activity" shall mean and include the
8 following acts and omissions by providers [and], facilitators, seekers,
9 and recipients of reproductive health [services] care and gender-affirm-
10 ing care, to the extent they are not in violation of the constitution or
11 the laws of this state[, provided that such provider is physically pres-
12 ent in the state]:
13 (i) the [exercise] receipt or [attempted exercise by any person of
14 rights] attempt to receive reproductive health [services as secured by
15 the constitution or laws of this state or the provision of insurance
16 coverage for such services or] care or gender-affirming care, regardless
17 of such person's location; [and]
18 (ii) any act or omission undertaken while physically present in this
19 state to aid or encourage, or attempt to aid or encourage, any person in
20 the [exercise] receipt of or [attempted exercise of rights] attempt to
21 receive reproductive health [services as secured by the constitution or
22 laws of this state, or] care or gender-affirming care, regardless of the
23 location of the recipient or provider of such care;
24 (iii) the provision of or attempt to provide insurance coverage for
25 [such services or care; provided, however, that] reproductive health
26 care or gender-affirming care, by any entity located, headquartered, or
27 incorporated in the state, regardless of the location of the recipient
28 or provider of such care; or
29 (iv) the provision of [such] or attempt to provide reproductive health
30 [services] care or gender-affirming care by a person duly licensed under
31 the laws of this state and physically present in this state [and the
32 provision of insurance coverage for such services or care shall be a
33 legally protected health activity if the service or care is permitted
34 under the laws of this state], regardless of the [patient's] recipient's
35 location.
36 2. Except as required by federal law, no demand for the extradition of
37 a person subject to criminal liability that is in whole or in part based
38 on the alleged provision or receipt of, assistance in provision or
39 receipt of, material support for, or any theory of vicarious, joint,
40 several or conspiracy liability for any legally protected health activ-
41 ity [performed in New York] shall be recognized by the governor unless
42 the executive authority of the demanding state shall allege in writing
43 that the accused was physically present in the demanding state at the
44 time of the commission of the alleged crime, and that thereafter [he,
45 she or they] such accused fled from that state.
46 § 20. Section 659 of the family court act, as amended by chapter 101
47 of the laws of 2024, is amended to read as follows:
48 § 659. Consideration of law allowing gender-affirming care. 1. It is
49 the intent of the legislature that children or their parents should be
50 able to obtain necessary medical care, including legally protected
51 health activity, as defined by section 570.17 of the criminal procedure
52 law.
53 2. A law that authorizes a child to be removed from their parent or
54 guardian based on the parent or guardian allowing their child to
55 [receive gender-affirming care] engage in legally protected health
56 activity, as defined by section 570.17 of the criminal procedure law, or
A. 5480--C 16
1 based on such parent or guardian themself engaging in legally protected
2 health activity, is against the public policy of this state and shall
3 not be enforced or applied in a case pending in a court in this state.
4 [2.] 3. No court in this state shall admit or consider a finding of
5 abuse, neglect or maltreatment based on the parent or guardian allowing
6 their child to [receive or seek gender-affirming care] engage in legally
7 protected health activity, as defined by section 570.17 of the criminal
8 procedure law, or based on such parent or guardian themself engaging in
9 legally protected health activity, as evidence in any proceeding with
10 respect to that parent or guardian and any of their children, unless
11 such conduct would constitute abuse, neglect or maltreatment under the
12 laws of this state.
13 [3. For purposes of this section, "gender-affirming care" shall have
14 the same meaning as defined in paragraph (c) of subdivision one of
15 section sixty-five hundred thirty-one-b of the education law.]
16 § 21. The civil practice law and rules is amended by adding a new
17 article 3-A to read as follows:
18 ARTICLE 3-A
19 CONFLICT OF LAW IN ACTIONS RELATED
20 TO LEGALLY PROTECTED HEALTH ACTIVITY
21 Section 350. Legally protected health activities.
22 § 350. Legally protected health activities. Notwithstanding any gener-
23 al or special law, common law, or conflict of law rule to the contrary,
24 the laws of this state shall govern in any case or controversy heard in
25 this state related to legally protected health activity, as defined by
26 section 570.17 of the criminal procedure law.
27 § 22. Severability. If any clause, sentence, paragraph, subdivision,
28 section or part of this act shall be adjudged by any court of competent
29 jurisdiction to be invalid, such judgment shall not affect, impair, or
30 invalidate the remainder thereof, but shall be confined in its operation
31 to the clause, sentence, paragraph, subdivision, section or part thereof
32 directly involved in the controversy in which such judgment shall have
33 been rendered. It is hereby declared to be the intent of the legislature
34 that this act would have been enacted even if such invalid provisions
35 had not been included herein.
36 § 23. Construction. The provisions of this act shall be construed
37 liberally in order to give full effect to the fundamental rights and the
38 other protections contained herein and the accomplishment of its
39 purposes. This shall be true regardless of whether federal civil rights
40 laws, including those laws with provisions worded comparably to the
41 provisions of this section, have been so construed.
42 § 24. This act shall take effect immediately.
