Amd 659, Fam Ct Act; amd 76, 76-c, 76-f, 76-g & 77-l, Dom Rel L; amd 570.17, rpld 570.19, 140.10 sub 3-b, CP
L; rpld 837-x, amd 837-x, Exec L; rpld 3119 sub (h), amd 3119, 3102 & 4550, CPLR; amd 6510 & 6531-b, add
6509-f, Ed L; amd 3436-a, Ins L
Declares that a law authorizing a child to be removed from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming care is against the public policy of this state; relates to forum in domestic relations cases.
STATE OF NEW YORK
________________________________________________________________________
7506--A
2023-2024 Regular Sessions
IN SENATE
June 1, 2023
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Children and Families
-- recommitted to the Committee on Children and Families in accordance
with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the family court act, the domestic relations law, the
criminal procedure law, the executive law, the civil practice law and
rules, the education law and the insurance law, in relation to
gender-affirming care; to repeal section 570.19 of the criminal proce-
dure law relating to the extradition of gender-affirming care
providers, seekers, parents, guardians, and helpers; to repeal subdi-
vision 3-b of section 140.10 of the criminal procedure law relating to
the arrest of any person for performing or aiding in the performance
of gender-affirming care within this state; to repeal section 837-x of
the executive law relating to cooperation with certain out-of-state
investigations; and to repeal subdivision (h) of section 3119 of the
civil practice law and rules relating to subpoenas related to
gender-affirming care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 659 of the family court act, as
2 added by chapter 101 of the laws of 2024, is amended to read as follows:
3 1. A law that authorizes a child to be removed from their parent or
4 guardian based on the parent or guardian allowing their child to receive
5 gender-affirming care is against the public policy of this state and
6 shall not be enforced or applied in a case pending in a court in this
7 state.
8 § 2. Section 76 of the domestic relations law is amended by adding a
9 new subdivision 4 to read as follows:
10 4. The presence of a child in this state for the purpose of obtaining
11 gender-affirming care, as defined by section sixty-five hundred thirty-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11693-04-4
S. 7506--A 2
1 one-b of the education law, is sufficient to meet the requirements of
2 paragraph (b) of subdivision one of this section.
3 § 3. Subdivision 1 of section 76-c of the domestic relations law, as
4 added by chapter 386 of the laws of 2001, is amended to read as follows:
5 1. A court of this state has temporary emergency jurisdiction if the
6 child is present in this state and:
7 (a) the child has been abandoned [or];
8 (b) it is necessary in an emergency to protect the child, a sibling or
9 parent of the child; or
10 (c) the child is present in this state because the child has been
11 unable to obtain gender-affirming care, as defined by section sixty-five
12 hundred thirty-one-b of the education law.
13 § 4. Subdivisions 3 and 4 of section 76-f of the domestic relations
14 law are renumbered subdivisions 4 and 5, and a new subdivision 3 is
15 added to read as follows:
16 3. In a case where the provision of gender-affirming care to the child
17 is at issue, a court of this state shall not determine that it is an
18 inconvenient forum and must find that it is a more appropriate forum
19 where the law or policy of the other state that may take jurisdiction
20 limits the ability of a parent to obtain gender-affirming care for their
21 child. For the purposes of this section, "gender-affirming care" has
22 the same meaning as defined by section sixty-five hundred thirty-one-b
23 of the education law.
24 § 5. Subdivision 4 of section 76-g of the domestic relations law, as
25 added by chapter 386 of the laws of 2001, is amended to read as follows:
26 4. In making a determination under this section, a court shall not
27 consider as a factor weighing against the petitioner any taking of the
28 child, or retention of the child after a visit or other temporary relin-
29 quishment of physical custody, from the person who has legal custody, if
30 there is evidence that the taking or retention of the child was to
31 protect the petitioner from domestic violence or the child or sibling
32 from mistreatment or abuse, or for the purposes of obtaining gender-af-
33 firming care, as defined by section sixty-five hundred thirty-one-b of
34 the education law, for the child and the law or policy of the other
35 state limits the ability of a parent to obtain gender-affirming care for
36 their child.
37 § 6. Section 77-l of the domestic relations law, as added by chapter
38 386 of the laws of 2001, is amended to read as follows:
39 § 77-l. 1. Recognition and enforcement. A court of this state shall
40 accord full faith and credit to an order issued by another state and
41 consistent with this article which enforces a child custody determi-
42 nation by a court of another state unless the order has been vacated,
43 stayed, or modified by a court having jurisdiction to do so under title
44 two of this article, unless recognition and enforcement would violate
45 subdivision one-c of section two hundred forty of this chapter or
46 section one thousand eighty-five of the family court act.
47 2. (a) A law that authorizes a state agency to remove a child from
48 their parent or guardian based on the parent or guardian allowing their
49 child to receive gender-affirming care is against the public policy of
50 this state and shall not be enforced or applied in a case pending in a
51 court in this state.
52 (b) For the purpose of this subdivision, "gender-affirming care" shall
53 have the same meaning as provided by section sixty-five hundred thirty-
54 one-b of the education law.
S. 7506--A 3
1 § 7. Subdivision 1 of section 570.17 of the criminal procedure law,
2 as added by chapter 138 of the laws of 2023, is amended to read as
3 follows:
4 1. For purposes of this section, the following terms shall have the
5 following meanings:
6 (a) "Reproductive health services" shall mean and include all
7 services, care, or products of a medical, surgical, psychiatric, thera-
8 peutic, diagnostic, mental health, behavioral health, preventative,
9 rehabilitative, supportive, consultative, referral, prescribing, or
10 dispensing nature relating to the human reproductive system provided in
11 accordance with the constitution and the laws of this state, whether
12 provided in person or by means of telehealth or telehealth services,
13 which includes, but is not limited to, all services, care and products
14 relating to pregnancy, assisted reproduction, contraception, miscarriage
15 management or the termination of a pregnancy, and self-managed termi-
16 nations.
17 (b) "Gender-affirming care" shall mean any type of care provided to an
18 individual to affirm their gender identity or gender expression;
19 provided that surgical interventions on minors with variations in their
20 sex characteristics that are not sought and initiated by the individual
21 patient are not gender-affirming care.
22 (c) "Legally protected health activity" shall mean and include the
23 following acts and omissions by providers and facilitators of reproduc-
24 tive health services and gender-affirming care, to the extent they are
25 not in violation of the constitution or the laws of this state, provided
26 that such provider is physically present in the state:
27 (i) the exercise or attempted exercise by any person of rights to
28 reproductive health services and gender-affirming care as secured by the
29 constitution or laws of this state or the provision of insurance cover-
30 age for such services or care; and
31 (ii) any act or omission undertaken to aid or encourage, or attempt to
32 aid or encourage, any person in the exercise or attempted exercise of
33 rights to reproductive health services and gender-affirming care as
34 secured by the constitution or laws of this state, or to provide insur-
35 ance coverage for such services or care; provided, however, that the
36 provision of such reproductive health services or gender-affirming care
37 by a person duly licensed under the laws of this state and physically
38 present in this state and the provision of insurance coverage for such
39 services or care shall be a legally protected health activity if the
40 service or care is permitted under the laws of this state, regardless of
41 the patient's location.
42 § 8. Section 570.19 of the criminal procedure law is REPEALED.
43 § 9. Subdivision 3-b of section 140.10 of the criminal procedure law
44 is REPEALED.
45 § 10. Subdivision 1 and paragraph (b) of subdivision 2 of section
46 837-x of the executive law, subdivision 1 as added by chapter 138 of the
47 laws of 2023 and paragraph (b) of subdivision 2 as amended by chapter 89
48 of the laws of 2024, are amended to read as follows:
49 1. For purposes of this section, the following terms shall have the
50 following meanings:
51 (a) "Reproductive health services" shall have the same meaning as
52 paragraph (a) of subdivision one of section 570.17 of the criminal
53 procedure law; [and]
54 (b) "Gender-affirming care" shall have the same meaning as paragraph
55 (b) of subdivision one of section 570.17 of the criminal procedure law;
56 and
S. 7506--A 4
1 (c) "Legally protected health activity" shall have the same meaning as
2 paragraph [(b)] (c) of subdivision one of section 570.17 of the criminal
3 procedure law.
4 (b) Nothing in this section shall prohibit the investigation of any
5 reproductive health services 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 be
8 shared with an out-of-state agency or any other individual. Nothing in
9 this section shall prohibit compliance with a valid, court-issued
10 subpoena or warrant which does not relate to a law seeking to impose
11 civil or criminal liability or professional sanctions for a legally
12 protected health activity, or in response to the written request of a
13 person who is the subject of such an investigation or proceeding, to the
14 extent necessary, in each case, to fulfill such request.
15 § 11. Section 837-x of the executive law, as amended by chapter 101 of
16 the laws of 2024, is REPEALED.
17 § 12. Subdivision (h) of section 3119 of the civil practice law and
18 rules is REPEALED.
19 § 13. Subdivision (g) of section 3119 of the civil practice law and
20 rules, as amended by chapter 138 of the laws of 2023, paragraph 1 as
21 amended by chapter 89 of the laws of 2024, is amended to read as
22 follows:
23 (g) (1) Out-of-state proceedings regarding legally protected health
24 activities. Notwithstanding any other provisions of this section or any
25 other law, no court or county clerk shall issue a subpoena under this
26 section in connection with an out-of-state proceeding relating to any
27 legally protected health activity which occurred in this state, unless
28 such out-of-state proceeding (i) sounds in tort or contract, (ii) is
29 actionable, in an equivalent or similar manner, under the laws of this
30 state, and (iii) was brought by the patient who received reproductive
31 health services as defined in paragraph (a) of subdivision one of
32 section 570.17 of the criminal procedure law or gender-affirming care as
33 defined in paragraph (b) of subdivision one of section 570.17 of the
34 criminal procedure law, or the patient's legal representative, so long
35 as the patient gives express consent unless express consent is not
36 feasible due to patient injury or death.
37 (2) For purposes of this subdivision, the terms "legally protected
38 health activity", "gender-affirming care", and "reproductive health
39 services" shall have the same meanings as defined in subdivision one of
40 section 570.17 of the criminal procedure law.
41 § 14. Subdivision (e) of section 3102 of the civil practice law and
42 rules, as separately amended by chapter 138 of the laws of 2023 and
43 chapter 101 of the laws of 2024, is amended to read as follows:
44 (e) Action pending in another jurisdiction. Except as provided in
45 section three thousand one hundred nineteen of this article, when under
46 any mandate, writ or commission issued out of any court of record in any
47 other state, territory, district or foreign jurisdiction, or whenever
48 upon notice or agreement, it is required to take the testimony of a
49 witness in the state, [he or she] such witness may be compelled to
50 appear and testify in the same manner and by the same process as may be
51 employed for the purpose of taking testimony in actions pending in the
52 state. The supreme court or a county court shall make any appropriate
53 order in aid of taking such a deposition; provided that no order may be
54 issued under this section in connection with an out-of-state proceeding
55 relating to any legally protected health activity, as defined in para-
56 graph [(b)] (c) of subdivision one of section 570.17 of the criminal
S. 7506--A 5
1 procedure law [or gender-affirming care, as defined in paragraph (c) of
2 subdivision one of section sixty-five hundred thirty-one-b of the
3 education law,] which occurred in this state, unless such out-of-state
4 proceeding (1) sounds in tort or contract, (2) is actionable, in an
5 equivalent or similar manner, under the laws of this state, and (3) was
6 brought by the patient who received reproductive health services or
7 gender-affirming care, or the patient's legal representative.
8 § 15. Section 4550 of the civil practice law and rules, as added by
9 chapter 138 of the laws of 2023, is amended to read as follows:
10 § 4550. Admissibility of evidence related to legally protected health
11 activity. Evidence relating to the involvement of a party engaging in
12 one or more legally protected health activity, as defined in paragraph
13 [(b)] (c) of subdivision one of section 570.17 of the criminal procedure
14 law, relating to providing reproductive health services or gender-af-
15 firming care to persons not physically present in this state shall not
16 be offered against such party as evidence that such party has engaged in
17 any wrongdoing, whether civil, criminal, professional, or otherwise by
18 virtue of such recipients of such services not being physically present
19 in this state. Nothing in this section shall prevent a party from offer-
20 ing such evidence in a proceeding that (i) sounds in tort or contract,
21 (ii) is actionable, in an equivalent or similar manner, under the laws
22 of this state, and (iii) was brought by the patient who received repro-
23 ductive health services or gender-affirming care, or the patient's legal
24 representative.
25 § 16. Subdivision 1 of section 6510 of the education law is amended by
26 adding a new paragraph b-1 to read as follows:
27 b-1. Misconduct. The department shall not charge a licensee, acting
28 within their scope of practice, with misconduct as defined in section
29 sixty-five hundred nine of this subarticle, or cause a complaint made by
30 any person to the department to be investigated beyond a preliminary
31 review, solely on the basis that such licensee performed, recommended,
32 or provided any reproductive health services or gender-affirming care as
33 defined in section sixty-five hundred nine-f of this subarticle for a
34 patient who resides in a state wherein the performance, recommendation
35 or provision of such reproductive health services or gender-affirming
36 care is illegal. The preliminary review shall determine if such report
37 reasonably appears to reflect conduct warranting further investigation
38 pursuant to this paragraph.
39 § 17. Subdivision 2 of section 6531-b of the education law, as sepa-
40 rately amended by chapters 138 and 143 of the laws of 2023, is amended
41 to read as follows:
42 2. The performance, recommendation, or provision of any reproductive
43 health services or gender-affirming care, as defined in subdivision one
44 of this section, or any legally protected health activity as defined in
45 paragraph [(b)] (c) of subdivision one of section 570.17 of the criminal
46 procedure law, by a health care practitioner acting within their scope
47 of practice, for a patient who resides in a state wherein the perform-
48 ance, recommendation, or provision of such reproductive health services
49 or gender-affirming care is illegal, shall not, by itself, constitute
50 professional misconduct under this title, or title two-A of article two
51 of the public health law, or any other law, rule or regulation governing
52 the licensure, certification, or authorization of such practitioner, nor
53 shall any license, certification or authorization of a health care prac-
54 titioner be revoked, suspended, or annulled or otherwise subject to any
55 other penalty or discipline provided in the public health law or this
56 title solely on the basis that such health care practitioner performed,
S. 7506--A 6
1 recommended, or provided any such reproductive health services or
2 gender-affirming care for a patient who resides in a state wherein the
3 performance, recommendation, or provision of such reproductive health
4 services or gender-affirming care is illegal.
5 § 18. The education law is amended by adding a new section 6509-f to
6 read as follows:
7 § 6509-f. Limited exemption from professional misconduct; reproduc-
8 tive health services and gender-affirming care. 1. As used in this
9 section, the following terms shall have the following meanings:
10 (a) "Reproductive health services" shall include all services, care,
11 or products of a medical, surgical, psychiatric, therapeutic, mental
12 health, behavioral health, diagnostic, preventative, rehabilitative,
13 supportive, counseling, referral, prescribing, or dispensing nature
14 relating to the human reproductive system provided in accordance with
15 the laws of this state, including, but not limited to, all services,
16 care and products relating to pregnancy, assisted reproduction, contra-
17 ception, miscarriage management or the termination of a pregnancy,
18 including self-managed terminations.
19 (b) "Gender-affirming care" shall mean any type of care provided to an
20 individual to affirm their gender identity or gender expression,
21 provided that surgical interventions on minors with variations in their
22 sex characteristics that are not sought and initiated by the individual
23 patient are not gender-affirming care.
24 (c) "Health care practitioner" means a person who is licensed, certi-
25 fied, or authorized under this title and acting within their lawful
26 scope of practice and includes, but is not limited to persons subject to
27 articles one hundred thirty-one, one hundred thirty-one-B, one hundred
28 thirty-six, one hundred thirty-seven, one hundred thirty-seven-A, one
29 hundred thirty-nine, one hundred forty, one hundred fifty-three, one
30 hundred fifty-four, one hundred fifty-six, one hundred fifty-nine or one
31 hundred sixty-three of this title or any other person designated as a
32 health care practitioner by law, rule, or regulation.
33 2. The performance, recommendation, or provision of any reproductive
34 health services or gender-affirming care as defined in subdivision one
35 of this section, or any legally protected health activity as defined in
36 paragraph (c) of subdivision one of section 570.17 of the criminal
37 procedure law, by a health care practitioner acting within their scope
38 of practice, for a patient who resides in a state wherein the perform-
39 ance, recommendation, or provision of such reproductive health services
40 or gender-affirming care is illegal, shall not, by itself, constitute
41 professional misconduct under this title, or any other law, rule or
42 regulation governing the licensure, certification, or authorization of
43 such practitioner, nor shall any license, certification or authorization
44 of a health care practitioner be revoked, suspended, or annulled or
45 otherwise subject to any other penalty or discipline provided in the
46 public health law or this title solely on the basis that such health
47 care practitioner performed, recommended, or provided any such reproduc-
48 tive health services or gender-affirming care for a patient who resides
49 in a state wherein the performance, recommendation, or provision of such
50 reproductive health services or gender-affirming care is illegal.
51 3. Nothing in this section shall be construed to expand the scope of
52 practice of any individual licensed, certified or authorized under this
53 title, nor does this section give any such individual the authority to
54 act outside their scope of practice, as defined in this title.
55 § 19. Subsection (a) of section 3436-a of the insurance law, as sepa-
56 rately amended by chapter 138 of the laws of 2023 and chapter 101 of the
S. 7506--A 7
1 laws of 2024, is amended and two new subsections (e) and (f) are added
2 to read as follows:
3 (a) Every insurer that issues or renews medical malpractice insurance
4 or professional liability insurance covering a health care provider
5 licensed to practice in this state shall be prohibited from taking any
6 adverse action against a health care provider solely on the basis that
7 the health care provider engages in legally protected health activity,
8 as defined in paragraph [(b)] (c) of subdivision one of section 570.17
9 of the criminal procedure law, [or gender-affirming care, as defined in
10 paragraph (c) of subdivision one of section sixty-five hundred thirty-
11 one-b of the education law, that is legal in this state] with someone
12 who is from out of the state. The superintendent is expressly authorized
13 to interpret "legally protected health activity" as if such definition
14 was stated within this section. Such policy shall include health care
15 providers who prescribe abortion medication to out-of-state patients by
16 means of telehealth.
17 (e) As used in this section, "professional liability insurance" shall
18 mean insurance against legal liability of the insured, and against loss,
19 damage, or expense incident to a claim of such liability arising out of
20 the death or injury of any person due to medical, psychiatric, mental
21 health, or other malpractice by any licensed physician assistant, phys-
22 ical therapist, physical therapist assistant, pharmacist, registered
23 pharmacy technician, nurse, psychologist, psychiatrist, social worker,
24 occupational therapist, speech-language pathologist, or mental health
25 practitioner.
26 (f) As used in this section, "health care provider" shall mean a
27 person who is licensed, certified, or authorized under title VIII of the
28 education law and acting within their lawful scope of practice and
29 includes, but is not limited to persons subject to article one hundred
30 thirty-one, one hundred thirty-one-B, one hundred thirty-six, one
31 hundred thirty-seven, one hundred thirty-seven-A, one hundred thirty-
32 nine, one hundred forty, one hundred fifty-three, one hundred fifty-
33 four, one hundred fifty-six, one hundred fifty-nine or one hundred
34 sixty-three of title eight of the education law or any other person
35 designated as a health care provider by law, rule, or regulation.
36 § 20. Severability. If any clause, sentence, paragraph, subdivision,
37 section or part of this act shall be adjudged by any court of competent
38 jurisdiction to be invalid, such judgment shall not affect, impair, or
39 invalidate the remainder thereof, but shall be confined in its operation
40 to the clause, sentence, paragraph, subdivision, section or part thereof
41 directly involved in the controversy in which such judgment shall have
42 been rendered. It is hereby declared to be the intent of the legislature
43 that this act would have been enacted even if such invalid provisions
44 had not been included herein.
45 § 21. This act shall take effect immediately.
