Amd §659, Fam Ct Act; amd §§76, 76-c, 76-f, 76-g & 77-l, Dom Rel L; amd §§140.10 & 570.17, rpld §570.19,
§140.10 sub 3-b, CP L; rpld §837-x, amd §837-x, Exec L; amd §§3119, 3102 & 4550, add Art 3-A §350, CPLR; amd
§§6505-d, 6510 & 6531-b, add §6509-f, Ed L; amd §3436-a, Ins L; amd §230, Pub Health L; add §394-i, Gen Bus
L; amd §70-b, Civ Rts L
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
________________________________________________________________________
4914
2025-2026 Regular Sessions
IN SENATE
February 14, 2025
___________
Introduced by Sens. HOYLMAN-SIGAL, BROUK, GONZALEZ, GOUNARDES, HARCKHAM
-- read twice and ordered printed, and when printed to be committed to
the Committee on Children and Families
AN ACT to amend the civil practice law and rules, the education law, the
public health law, the insurance law, the general business law, the
criminal procedure law, the executive law, the civil rights law, the
family court act, and the domestic relations law, in relation to
protecting individuals 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 relat-
ing 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
11 fundamental to each person's exercise of bodily autonomy, dignity, and
12 equal citizenship. The state has enshrined the fundamental right to
13 bodily autonomy and reproductive decision-making in its constitution. It
14 has furthered codified in numerous statutes the principle that every
15 individual has the right to privacy and equality with respect to their
16 personal medical decisions, including reproductive and gender-affirming
17 health care.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00432-03-5
S. 4914 2
1 The legislature further finds that, despite the vital importance of
2 reproductive and gender-affirming health care, those who seek, provide,
3 or facilitate such health care are facing an unprecedented risk that
4 they will be targeted or penalized for doing so. The state has a strong
5 public policy of promoting access to these vital forms of health care
6 for residents and non-residents alike, and of maintaining New York's
7 status as a beacon of reproductive freedom, health care access, and
8 equality for all. Efforts to penalize or restrict reproductive or
9 gender-affirming care have a chilling effect on access to this important
10 health care for all individuals, and accordingly threaten each person's
11 health and bodily autonomy.
12 To secure the fundamental right to bodily autonomy and ensure access
13 to health care, the legislature finds it is critical to enact
14 protections to shield those who seek, provide, or facilitate reproduc-
15 tive or gender-affirming health care from efforts to restrict or penal-
16 ize them for doing so.
17 In order to fully effectuate this purpose, the legislature finds and
18 affirms that this act's protections must apply not just to those who
19 seek or provide health care, but also to those who facilitate it, such
20 as organizations that offer financial assistance to people in need,
21 internet service providers that host websites offering accurate health
22 information, or a friend who drives their loved one to the clinic.
23 Facilitators play an important role in ensuring access to health care,
24 and efforts to restrict or penalize them because of their assistance in
25 the exercise of these important rights have a chilling effect on access
26 to care and thereby impinge upon the fundamental rights to privacy,
27 equality, and bodily autonomy.
28 § 2. Section 3119 of the civil practice law and rules, as added by
29 chapter 29 of the laws of 2010, subdivision (g) as amended by chapter
30 138 of the laws of 2023, paragraph 1 of subdivision (g) as amended by
31 chapter 89 of the laws of 2024, and subdivision (h) as amended by chap-
32 ter 101 of the laws of 2024, is amended to read as follows:
33 § 3119. Uniform interstate depositions and discovery. (a) Definitions.
34 For purposes of this section:
35 (1) "Out-of-state subpoena" means a subpoena issued under authority of
36 a court of record of a state other than this state.
37 (2) "Person" means an individual, corporation, business trust, estate,
38 trust, partnership, limited liability company, association, joint
39 venture, public corporation, government, or governmental subdivision,
40 agency or instrumentality, or any other legal or commercial entity.
41 (3) "State" means a state of the United States, the District of Colum-
42 bia, Puerto Rico, the United States Virgin Islands, or any territory or
43 insular possession subject to the jurisdiction of the United States.
44 (4) "Subpoena" means a document, however denominated, issued under
45 authority of a court of record requiring a person to:
46 (i) attend and give testimony at a deposition;
47 (ii) produce and permit inspection and copying of designated books,
48 documents, records, electronically stored information, or tangible
49 things in the possession, custody or control of the person; or
50 (iii) permit inspection of premises under the control of the person.
51 (5) "Legally protected health activity" shall have the same meaning as
52 defined by section 570.17 of the criminal procedure law.
53 (6) "Gender-affirming care" shall have the same meaning as defined by
54 section 570.17 of the criminal procedure law.
55 (7) "Reproductive health care" shall have the same meaning as defined
56 by section 570.17 of the criminal procedure law.
S. 4914 3
1 (b) Issuance of subpoena. (1) To request issuance of a subpoena under
2 this section, a party must submit an out-of-state subpoena to the county
3 clerk in the county in which discovery is sought to be conducted in this
4 state. A request for the issuance of a subpoena under this section does
5 not constitute an appearance in the courts of this state except as
6 provided in subparagraph (ii) of paragraph two of this subdivision.
7 (2) [When] (i) Any request for the issuance of a subpoena under para-
8 graph one of this subdivision and any subpoena issued under paragraph
9 five of this subdivision shall include an affirmation under penalty of
10 perjury that such subpoena either:
11 (A) is not related to any investigation or proceeding that seeks to
12 impose civil or criminal liability, professional sanctions, or any other
13 legal consequences upon a person for any legally protected health activ-
14 ity; or
15 (B) is related to such an investigation or proceeding, but falls with-
16 in an exception provided in subparagraph (i) of paragraph one of subdi-
17 vision (g) of this section. Such affirmation shall identify which excep-
18 tion applies to the request.
19 (ii) A party that submits a false affirmation pursuant to this section
20 shall be subject to the jurisdiction of the courts of this state for any
21 suit, penalties, or damages arising out of such false affirmation. A
22 court shall assess a statutory penalty of fifteen thousand dollars per
23 violation if the court finds such false affirmation was made inten-
24 tionally, knowingly, willingly or recklessly. This shall be in addition
25 to any other legal or equitable remedy lawfully available. The attorney
26 general may commence an action or special proceeding for damages and/or
27 penalties against any party that submits a false affirmation pursuant to
28 this subparagraph.
29 (iii) Any action or special proceeding brought by the attorney general
30 pursuant to this paragraph shall be commenced within six years of either
31 (A) the date on which the inquiry, investigation, subpoena, or summons
32 that such false affirmation accompanied was filed with the county clerk,
33 for subpoenas requested pursuant to paragraph one of this subdivision;
34 or (B) the date on which the subpoena was issued, for subpoenas issued
35 pursuant to paragraph five of this subdivision.
36 (3) Except as provided by subdivision (g) of this section, when a
37 party submits an out-of-state subpoena to the county clerk, the clerk,
38 in accordance with that court's procedure and subject to the provisions
39 of article twenty-three of this chapter, shall promptly issue a subpoena
40 for service upon the person to which the out-of-state subpoena is
41 directed.
42 [(3)] (4) A subpoena under paragraph [two] three of this subdivision
43 must:
44 (i) incorporate the terms used in the out-of-state subpoena; [and]
45 (ii) contain or be accompanied by the names, addresses and telephone
46 numbers of all counsel of record in the proceeding to which the subpoena
47 relates and of any party not represented by counsel; and
48 (iii) include the affirmation required by paragraph two of this subdi-
49 vision.
50 [(4)] (5) Notwithstanding paragraph one of this subdivision, and
51 except as provided by subdivision (g) of this section, if a party to an
52 out-of-state proceeding retains an attorney licensed to practice in this
53 state, and that attorney receives the original or a true copy of an
54 out-of-state subpoena, the attorney may issue a subpoena under this
55 section.
S. 4914 4
1 (c) Service of subpoena. A subpoena issued under this section must be
2 served in compliance with sections two thousand three hundred two and
3 two thousand three hundred three of this chapter.
4 (d) Deposition, production and inspection. Sections two thousand three
5 hundred three, two thousand three hundred five, two thousand three
6 hundred six, two thousand three hundred seven, two thousand three
7 hundred eight and this article apply to subpoenas issued under subdivi-
8 sion (b) of this section.
9 (e) Application to court. An application to the court for a protective
10 order or to enforce, quash, or modify a subpoena issued under this
11 section must comply with the rules or statutes of this state and be
12 submitted to the court in the county in which discovery is to be
13 conducted.
14 (f) Uniformity of application and construction. [In] Except as
15 provided in subdivision (g) of this section, in applying and construct-
16 ing this uniform act, consideration shall be given to the need to
17 promote uniformity of the law with respect to its subject matter among
18 states that enact it.
19 (g) [(1)] Out-of-state proceedings regarding legally protected health
20 activities. Notwithstanding any other provisions of this section or any
21 other law, no court [or], county clerk, or attorney licensed to practice
22 in this state shall issue a subpoena under this section in connection
23 with an out-of-state proceeding relating to any legally protected health
24 activity [which occurred in this state], unless:
25 (1) such out-of-state proceeding (i) sounds in tort or contract, (ii)
26 is actionable, in an equivalent or similar manner, under the laws of
27 this state, and (iii) was brought by the [patient] person who received
28 reproductive health [services as defined in paragraph (a) of subdivision
29 one of section 570.17 of the criminal procedure law] care or gender-af-
30 firming care, or the [patient's] person's legal representative, so long
31 as the [patient] person gives express consent unless express consent is
32 not feasible due to [patient] their injury or death; and
33 (2) the subpoena is accompanied by an affirmation compliant with para-
34 graph two of subdivision (b) of this section.
35 [(2) For purposes of this subdivision, the terms "legally protected
36 health activity" and "reproductive health services" shall have the same
37 meanings as defined in subdivision one of section 570.17 of the criminal
38 procedure law.
39 (h) Subpoenas related to gender-affirming care. Notwithstanding any
40 other provisions of law, no court or county clerk shall issue a subpoena
41 under this section in connection with an out-of-state proceeding relat-
42 ing to any gender-affirming care, as defined in paragraph (c) of subdi-
43 vision one of section sixty-five hundred thirty-one-b of the education
44 law, which was legally performed, sought, received, or supported in this
45 state, unless such out-of-state proceeding (1) sounds in tort or
46 contract, or is based on statute, (2) is actionable, in an equivalent or
47 similar manner, under the laws of this state, and (3) was brought by the
48 patient who received the gender-affirming care, or the patient's legal
49 representative.]
50 § 3. Subdivision (e) of section 3102 of the civil practice law and
51 rules, as separately amended by chapter 138 of the laws of 2023 and
52 chapter 101 of the laws of 2024, is amended and subdivision (f) is
53 relettered subdivision (g) and a new subdivision (f) is added to read as
54 follows:
55 (e) Action pending in another jurisdiction. Except as provided in
56 section three thousand one hundred nineteen of this article, when under
S. 4914 5
1 any mandate, writ or commission issued out of any court of record in any
2 other state, territory, district or foreign jurisdiction, or whenever
3 upon notice or agreement, it is required to take the testimony of a
4 witness in the state, [he or she] such witness may be compelled to
5 appear and testify in the same manner and by the same process as may be
6 employed for the purpose of taking testimony in actions pending in the
7 state. The supreme court or a county court shall make any appropriate
8 order in aid of taking such a deposition; provided that no order [may]
9 shall be issued under this section in connection with an out-of-state
10 proceeding relating to any legally protected health activity, as defined
11 in [paragraph (b) of subdivision one of] section 570.17 of the criminal
12 procedure law [or gender-affirming care, as defined in paragraph (c) of
13 subdivision one of section sixty-five hundred thirty-one-b of the
14 education law, which occurred in this state], unless:
15 (1) such out-of-state proceeding [(1)] (i) sounds in tort or contract,
16 [(2)] (ii) is actionable, in an equivalent or similar manner, under the
17 laws of this state, and [(3)] (iii) was brought by the [patient] person
18 who received reproductive health [services] care or gender-affirming
19 care, as such terms are defined in section 570.17 of the criminal proce-
20 dure law, or the [patient's] person's legal representative in a manner
21 consistent with subdivision (g) of section three thousand one hundred
22 nineteen of this article; and
23 (2) the petition for such an order is accompanied by an affirmation
24 compliant with subdivision (f) of this section.
25 (f) (1) Any petition for such an order brought under subdivision (e)
26 of this section shall include an affirmation under penalty of perjury
27 that the discovery either:
28 (i) is not related to, and that any information obtained shall not be
29 used in, any investigation or proceeding that seeks to impose civil or
30 criminal liability, professional sanctions, or any other legal conse-
31 quences upon a person for any legally protected health activity; or
32 (ii) is related to such an investigation or proceeding, but falls
33 within an exception provided in paragraph one of subdivision (g) of
34 section three thousand one hundred nineteen of this article. Such affir-
35 mation shall identify which exception applies to the request.
36 (2) A party that submits a false affirmation pursuant to this section
37 shall be subject to the jurisdiction of the courts of this state for any
38 suit, penalties, or damages arising out of the false affirmation. A
39 court shall assess a statutory penalty of fifteen thousand dollars per
40 violation if the court finds the false affirmation was made inten-
41 tionally, knowingly, willingly or recklessly. This shall be in addition
42 to any other legal or equitable remedy lawfully available. The attorney
43 general may commence an action or special proceeding for damages and/or
44 penalties against any party that submits a false affirmation pursuant to
45 this section. Any action or special proceeding brought by the attorney
46 general pursuant to this section shall be commenced within six years of
47 the date on which the inquiry, investigation, subpoena, or summons that
48 such false affirmation accompanied was filed with the supreme court or
49 county court.
50 § 4. Section 6505-d of the education law, as amended by chapter 101 of
51 the laws of 2024, is amended to read as follows:
52 § 6505-d. Evaluation of prior disciplinary history for authorization
53 to practice. An applicant seeking licensure, certification, or authori-
54 zation pursuant to this title who has been subject to disciplinary
55 action by a duly authorized professional disciplinary agency of another
56 jurisdiction solely on the basis of having [performed, recommended, or
S. 4914 6
1 provided an abortion pursuant to section twenty-five hundred ninety-
2 nine-bb of the public health law, or gender-affirming care, as defined
3 in paragraph (c) of subdivision one of section sixty-five hundred thir-
4 ty-one-b of the education law] engaged in legally protected health
5 activity, as defined by section 570.17 of the criminal procedure law,
6 shall not be denied such licensure, certification, or authorization,
7 unless the department determines that such action would have constituted
8 professional misconduct in this state. Provided however, that nothing in
9 this section shall be construed as prohibiting the department from eval-
10 uating the conduct of such applicant and making a determination to be
11 licensed, certified, or authorized to practice a profession under this
12 title.
13 § 5. Subdivision 1 of section 6510 of the education law is amended by
14 adding a new paragraph b-1 to read as follows:
15 b-1. Legally protected health activities. The department shall not
16 charge a licensee, acting within their scope of practice, with profes-
17 sional misconduct as defined in section sixty-five hundred nine of this
18 subarticle, or cause a complaint made by any person to the department to
19 be investigated beyond a preliminary review, solely on the basis that
20 such licensee engaged in legally protected health activity, as defined
21 by section 570.17 of the criminal procedure law. Such preliminary review
22 shall determine if such report reasonably appears to reflect conduct
23 warranting further investigation pursuant to this paragraph.
24 § 6. Subdivisions 1 and 2 of section 6531-b of the education law,
25 subdivision 1 as added by chapter 220 of the laws of 2022, paragraph (c)
26 of subdivision 1 as added by chapter 143 of the laws of 2023, and subdi-
27 vision 2 as separately amended by chapters 138 and 143 of the laws of
28 2023, are amended to read as follows:
29 1. As used in this section, the following terms shall have the follow-
30 ing meanings:
31 (a) "Reproductive health [services] care" shall mean and include[:
32 (i) abortion pursuant to section twenty-five hundred ninety-nine-bb of
33 the public health law;
34 (ii) emergency contraception as defined in section twenty-eight
35 hundred five-p of the public health law; and
36 (iii) medical, surgical, counseling or referral services relating to
37 the human reproductive system, including services relating to pregnancy
38 or the termination of a pregnancy] all services, care, or products of a
39 medical, surgical, psychiatric, therapeutic, diagnostic, mental health,
40 behavioral health, preventative, rehabilitative, supportive, consulta-
41 tive, referral, prescribing, or dispensing nature relating to the human
42 reproductive system provided in accordance with the constitution and the
43 laws of this state, whether provided in person or by means of telehealth
44 or telehealth services, which includes, but is not limited to, all
45 services, care, and products relating to pregnancy, assisted reprod-
46 uction, contraception, miscarriage management or abortion, including but
47 not limited to care an individual provides to themself.
48 (b) "Health care practitioner" means a person who is licensed, certi-
49 fied, or authorized under this title and acting within their lawful
50 scope of practice.
51 (c) "Gender-affirming care" means any type of care provided to an
52 individual to affirm their gender identity or gender expression, includ-
53 ing but not limited to care an individual provides to themself; provided
54 that surgical interventions on minors with variations in their sex char-
55 acteristics that are not sought and initiated by the individual patient
56 are not gender-affirming care.
S. 4914 7
1 2. [The performance, recommendation, or provision of any reproductive
2 health services or gender-affirming care, as defined in subdivision one
3 of this section, or any] Any legally protected health activity, as
4 defined [in paragraph (b) of subdivision one of] by section 570.17 of
5 the criminal procedure law, by a health care practitioner acting within
6 their scope of practice, [for a patient who resides in a state wherein
7 the performance, recommendation, or provision of such reproductive
8 health services or gender-affirming care is illegal,] shall not, by
9 itself, constitute professional misconduct under this title, or title
10 two-A of article two of the public health law, or any other law, rule or
11 regulation governing the licensure, certification, or authorization of
12 such practitioner, nor shall any license, certification or authorization
13 of a health care practitioner be revoked, suspended, or annulled or
14 otherwise subject to any other penalty or discipline provided in the
15 public health law or this title solely on the basis that such health
16 care practitioner [performed, recommended, or provided any such repro-
17 ductive health services or gender-affirming care for a patient who
18 resides in a state wherein the performance, recommendation, or provision
19 of such reproductive health services or gender-affirming care is ille-
20 gal] engaged in legally protected health activity, as defined by section
21 570.17 of the criminal procedure law.
22 § 7. The education law is amended by adding a new section 6509-f to
23 read as follows:
24 § 6509-f. Limited exemption from professional misconduct; legally
25 protected health activity. 1. As used in this section, the term "health
26 care practitioner" means a person who is licensed, certified, or author-
27 ized under this title and acting within their lawful scope of practice
28 and includes, but is not limited to persons subject to articles one
29 hundred thirty-one, one hundred thirty-one-B, one hundred thirty-six,
30 one hundred thirty-seven, one hundred thirty-seven-A, one hundred thir-
31 ty-nine, one hundred forty, one hundred fifty-three, one hundred fifty-
32 four, one hundred fifty-six, one hundred fifty-nine, or one hundred
33 sixty-three of this title or any other person designated as a health
34 care practitioner by law, rule, or regulation.
35 2. Any legally protected health activity, as defined by section 570.17
36 of the criminal procedure law, by a health care practitioner acting
37 within their scope of practice, shall not, by itself, constitute profes-
38 sional misconduct under this title, or any other law, rule or regulation
39 governing the licensure, certification, or authorization of such practi-
40 tioner, nor shall any license, certification, or authorization of a
41 health care practitioner be revoked, suspended, or annulled, or other-
42 wise subject to any other penalty or discipline provided in the public
43 health law or this title solely on the basis that such health care prac-
44 titioner engaged in legally protected health activity.
45 3. Nothing in this section shall be construed to expand the scope of
46 practice of any individual licensed, certified, or authorized under this
47 title, nor does this section give any such individual the authority to
48 act outside their scope of practice, as defined in this title.
49 § 8. Subdivision 9-c of section 230 of the public health law, as
50 amended by chapter 143 of the laws of 2023, paragraph (a) as amended by
51 chapter 101 of the laws of 2024, is amended to read as follows:
52 9-c. (a) Neither the board for professional medical conduct nor the
53 office of professional medical conduct shall charge a licensee, acting
54 within their scope of practice, with misconduct as defined in sections
55 sixty-five hundred thirty and sixty-five hundred thirty-one of the
56 education law, or cause a report made to the director of such office to
S. 4914 8
1 be investigated beyond a preliminary review as set forth in clause (A)
2 of subparagraph (i) of paragraph (a) of subdivision ten of this section,
3 where such report is determined to be based solely upon [the perform-
4 ance, recommendation, or provision of any reproductive health services
5 as defined in section sixty-five hundred thirty-one-b of the education
6 law, or gender-affirming care, as defined in paragraph (c) of subdivi-
7 sion one of section sixty-five hundred thirty-one-b of the education
8 law, for a particular patient by such licensee where such patient
9 resides in a state wherein the performance, recommendation or provision
10 of such reproductive health services or gender-affirming care is ille-
11 gal] any legally protected health activity, as defined by section 570.17
12 of the criminal procedure law.
13 (b) When a licensee, acting within their scope of practice, and in
14 accordance with paragraph e of subdivision four of section sixty-five
15 hundred twenty-seven of the education law, [performs, recommends or
16 provides any reproductive health services or gender-affirming care for a
17 patient who resides in a state wherein the performance, recommendation,
18 or provision of any such reproductive health services or gender-affirm-
19 ing care is illegal, such performance, recommendation, or provision of
20 such reproductive health services or gender-affirming care for such
21 patient,] engages in legally protected health activity, as defined by
22 section 570.17 of the criminal procedure law, such legally protected
23 activity shall not, by itself, constitute professional misconduct. The
24 licensee shall otherwise abide by all other applicable professional
25 requirements.
26 § 9. Subsection (a) of section 3436-a of the insurance law, as sepa-
27 rately amended by chapter 138 of the laws of 2023 and chapter 101 of the
28 laws of 2024, is amended and two new subsections (e) and (f) are amended
29 to read as follows:
30 (a) Every insurer that issues or renews medical malpractice insurance
31 or professional liability insurance covering a health care provider
32 licensed to practice in this state shall be prohibited from taking any
33 adverse action against a health care provider solely on the basis that
34 the health care provider engages in legally protected health activity,
35 as defined [in paragraph (b) of subdivision one of] by section 570.17 of
36 the criminal procedure law[, or gender-affirming care, as defined in
37 paragraph (c) of subdivision one of section sixty-five hundred thirty-
38 one-b of the education law, that is legal in this state with someone who
39 is from out of the state]. The superintendent is expressly authorized to
40 interpret "legally protected health activity" as if such definition was
41 stated within this section. Such policy shall include health care
42 providers who prescribe abortion medication to out-of-state patients by
43 means of telehealth.
44 (e) As used in this section, "professional liability insurance" shall
45 mean insurance against legal liability of the insured, and against loss,
46 damage, or expense incident to a claim of such liability arising out of
47 the death or injury of any person due to medical, psychiatric, mental
48 health, or other malpractice by any licensed physician assistant, phys-
49 ical therapist, physical therapist assistant, pharmacist, registered
50 pharmacy technician, nurse, psychologist, psychiatrist, social worker,
51 occupational therapist, speech-language pathologist, or mental health
52 practitioner.
53 (f) As used in this section, "health care provider" shall mean a
54 person who is licensed, certified, or authorized under title eight of
55 the education law and acting within their lawful scope of practice and
56 includes, but is not limited to persons subject to articles one hundred
S. 4914 9
1 thirty-one, one hundred thirty-one-B, one hundred thirty-six, one
2 hundred thirty-seven, one hundred thirty-seven-A, one hundred thirty-
3 nine, one hundred forty, one hundred fifty-three, one hundred fifty-
4 four, one hundred fifty-six, one hundred fifty-nine, or one hundred
5 sixty-three of the education law or any other person designated as a
6 health care provider by law, rule, or regulation.
7 § 10. The general business law is amended by adding a new section
8 394-i to read as follows:
9 § 394-i. Legally protected health activities. 1. For the purposes of
10 this section, the term "legally protected health activity" shall have
11 the same meaning as defined by section 570.17 of the criminal procedure
12 law.
13 2. No person or entity that is located, headquartered, or incorporated
14 in New York state and receives, is served with, or is subject to a
15 civil, criminal, or regulatory inquiry, investigation, subpoena, or
16 summons for information regarding legally protected health activity
17 shall comply with or provide information in response to such inquiry,
18 investigation, subpoena, or summons unless:
19 (a) such inquiry, investigation, subpoena, or summons contains or is
20 accompanied by an affirmation under penalty of perjury attesting that
21 either:
22 (i) it is not related to, and that any information obtained shall not
23 be used in, any investigation or proceeding that seeks to impose civil
24 or criminal liability, professional sanctions, or any other legal conse-
25 quences upon a person or entity for any legally protected health activ-
26 ity; or
27 (ii) it is related to such an investigation or proceeding, but falls
28 within an exception provided in paragraph one of subdivision (g) of
29 section three thousand one hundred nineteen of the civil practice law
30 and rules, and identifies which exception applies to the information
31 request;
32 (b) the person or entity receiving or subject to such inquiry, inves-
33 tigation, subpoena, or summons regarding legally protected health activ-
34 ity has:
35 (i) notified the attorney general within seventy-two hours of receiv-
36 ing such inquiry, investigation, subpoena, or summons; indicated in such
37 notice whether such person or entity intends to comply with such
38 inquiry, investigation, subpoena, or summons; provided a copy of such
39 inquiry, investigation, subpoena, or summons and any related materials
40 to the attorney general; and
41 (ii) made reasonable attempts to notify the individual or individuals
42 who provided, sought, received, facilitated, or otherwise engaged in
43 such legally protected health activity to which such inquiry, investi-
44 gation, subpoena, or summons pertains at least thirty days prior to
45 providing any responsive information, unless otherwise ordered by a
46 court of competent jurisdiction; and
47 (c) a minimum of thirty days has passed since such person or entity
48 notified the attorney general of such inquiry, investigation, subpoena,
49 or summons pursuant to paragraph (b) of this subdivision.
50 3. A person or entity who submits a false affirmation in violation of
51 subdivision two of this section shall be subject to the jurisdiction of
52 the courts of this state for any suit, penalties, or damages arising out
53 of such false affirmation.
54 (a) The attorney general may commence an action or special proceeding
55 for damages and/or penalties against any person or entity that submits a
56 false affirmation in violation of subdivision two of this section.
S. 4914 10
1 (i) The courts of this state shall assess a statutory penalty of
2 fifteen thousand dollars per violation against any person or entity
3 found to have intentionally, knowingly, willingly, or recklessly submit-
4 ted a false affirmation. This shall be in addition to any other legal or
5 equitable remedy lawfully available.
6 (ii) Any action or special proceeding brought by the attorney general
7 pursuant to this section shall be commenced within six years of the date
8 on which the attorney general received notice of the inquiry, investi-
9 gation, subpoena, or summons that such false affirmation accompanied.
10 4. The attorney general of this state may commence an action or
11 special proceeding to enforce the provisions of this section, including
12 but not limited to an application or motion for an order enjoining ongo-
13 ing or future violations of this section. The attorney general shall not
14 commence such an action unless the attorney general has reason to
15 believe the defendant or respondent intends to comply or has complied
16 with an inquiry, investigation, subpoena, or summons regarding legally
17 protected health activity.
18 (a) Any action or special proceeding brought by the attorney general
19 pursuant to this section shall be commenced within six years of the date
20 on which the attorney general received notice of the inquiry, investi-
21 gation, subpoena, or summons at issue.
22 (b) Notwithstanding any contrary provision of law, the attorney gener-
23 al may seek all available legal and equitable remedies.
24 (c) The courts of this state shall assess a statutory penalty of
25 fifteen thousand dollars per violation against any person or entity
26 found to have intentionally, knowingly, willingly, or recklessly
27 complied with an inquiry, investigation, subpoena, or summons regarding
28 legally protected health activity in violation of this section. This
29 shall be in addition to any other legal or equitable remedy lawfully
30 available.
31 5. Any person or entity that is located, headquartered, or incorpo-
32 rated in New York state and receives, is served with, or is subject to a
33 civil, criminal, or regulatory inquiry, investigation, subpoena, or
34 summons for information regarding legally protected health activity may
35 institute a civil action to obtain declaratory relief, or such other
36 relief deemed necessary and proper by the court, stating that this
37 section prohibits their compliance with the inquiry, investigation,
38 subpoena, or summons.
39 (a) At or before the commencement of any action under this section,
40 notice thereof and a copy of the commencing document and all supporting
41 documents shall be served upon the attorney general.
42 (b) The attorney general is authorized to intervene in any such action
43 brought pursuant to this section.
44 (c) If the person or entity initiating an action brought under this
45 section prevails in such action, the court shall award reasonable costs
46 and attorney's fees.
47 (d) Any action brought pursuant to this section shall be commenced
48 within one year of the date on which the inquiry, investigation, subpoe-
49 na, or summons at issue was received or served, whichever is later.
50 6. Any person or entity that issues or causes to be issued a civil,
51 criminal, or regulatory inquiry, investigation, subpoena, or summons to
52 a person or entity located, headquartered, or incorporated in New York
53 state shall be subject to the jurisdiction of the courts of this state
54 for any action, suit, penalties, or damages arising out of this section.
55 7. Where compliance with this section delays or prohibits a person's
56 or entity's response to a subpoena, such person or entity shall not be
S. 4914 11
1 held in contempt or otherwise subject to legal consequences under
2 section two thousand three hundred eight of the civil practice law and
3 rules or any other law of this state for their delay in responding or
4 failure to respond.
5 8. Nothing in this section shall prohibit the investigation of any
6 activity which would violate the laws of this state, provided that no
7 information relating to any medical care provided to a specific individ-
8 ual shall be shared with an agency outside New York state or any other
9 individual. Nothing in this section shall prohibit compliance with a
10 valid, court-issued subpoena or warrant which does not violate subdivi-
11 sion two of this section, or in response to the written request of a
12 person or entity that is the subject of such an investigation or
13 proceeding or such person's or entity's authorized representative as
14 provided in subparagraph (ii) of paragraph (a) of subdivision two of
15 this section, to the extent necessary, in each case, to fulfill such
16 request.
17 9. Nothing in this section shall prohibit disclosure of deidentified
18 information in compliance with federal grant reporting requirements;
19 obligatory federal investigative demands, including but not limited to
20 subpoenas, summonses, and audits; or other reporting requirements under
21 federal law.
22 10. This section shall not be construed to allow for the provision of
23 any information to any individual or any agency or department outside
24 New York state which would not otherwise be available under state law.
25 § 11. Section 570.19 of the criminal procedure law is REPEALED.
26 § 12. Subdivision 3-b of section 140.10 of the criminal procedure law
27 is REPEALED.
28 § 13. Subdivision 3-a of section 140.10 of the criminal procedure law,
29 as amended by chapter 138 of the laws of 2023, is amended to read as
30 follows:
31 3-a. A police officer [may] shall not arrest any person for any legal-
32 ly protected health activity [within this state] as defined in section
33 570.17 of this chapter.
34 § 14. Section 837-x of the executive law, as amended by chapter 138 of
35 the laws of 2023 and subdivision 2 as amended by chapter 89 of the laws
36 of 2024, is amended to read as follows:
37 § 837-x. Cooperation with certain out-of-state investigations. 1. For
38 purposes of this section, the following terms shall have the following
39 meanings:
40 (a) "Reproductive health [services] care" shall have the same meaning
41 as [paragraph (a) of subdivision one of] defined by section 570.17 of
42 the criminal procedure law; [and]
43 (b) "Legally protected health activity" shall have the same meaning as
44 [paragraph (b) of subdivision one of] defined by section 570.17 of the
45 criminal procedure law; and
46 (c) "Gender-affirming care" shall have the same meaning as defined by
47 section 570.17 of the criminal procedure law.
48 2. (a) No state or local government employee or entity or other person
49 acting on behalf of state or local government shall cooperate with or
50 provide information to any out-of-state individual or out-of-state agen-
51 cy or department regarding any legally protected health activity [in
52 this state], or otherwise expend or use time, moneys, facilities, prop-
53 erty, equipment, personnel or other resources in furtherance of any
54 investigation or proceeding that seeks to impose civil or criminal
55 liability [or], professional sanctions, or any other legal consequences
56 upon a person or entity for any legally protected health activity
S. 4914 12
1 [occurring in this state]; except that the commissioner of health may
2 share deidentified information as strictly necessary to respond to a
3 public health emergency or an imminent threat to public health, or to
4 consult and cooperate with the appropriate agencies of the federal
5 government or of other states in accordance with the functions, powers,
6 and duties of the department as outlined under section two hundred one
7 of the public health law, and may share identified information in such
8 circumstances only when strictly necessary and with the consent of the
9 [patient] person. For purposes of this section, "deidentified" means
10 that the information cannot identify or be made to identify or be asso-
11 ciated with a particular individual, directly or indirectly, and is
12 subject to technical safeguards and policies and procedures that prevent
13 reidentification, whether intentionally or unintentionally, of any indi-
14 vidual.
15 (b) Nothing in this section shall prohibit the investigation of any
16 reproductive health [services] care or gender-affirming care rendered in
17 violation of the laws of this state, provided that no information relat-
18 ing to any medical procedure performed on a specific individual [may]
19 shall be shared with an out-of-state agency or any other individual.
20 Nothing in this section shall prohibit compliance with a valid, court-
21 issued subpoena or warrant which does not relate to [a law seeking] any
22 effort to impose civil or criminal liability [or], professional sanc-
23 tions, or any other legal consequences for a legally protected health
24 activity, or in response to the written request of a person who is the
25 subject of such an investigation [or], proceeding, or other effort, to
26 the extent necessary, in each case, to fulfill such request.
27 (c) Nothing in this section shall prohibit disclosure of deidentified
28 information in compliance with federal grant reporting requirements or
29 other reporting requirements under federal law.
30 (d) This section shall not be construed to allow for the provision of
31 any information to any individual or out-of-state agency or department
32 which would not otherwise be available under state law.
33 § 15. Section 837-x of the executive law, as amended by chapter 101 of
34 the laws of 2024, is REPEALED.
35 § 16. Section 4550 of the civil practice law and rules, as added by
36 chapter 138 of the laws of 2023, is amended to read as follows:
37 § 4550. Admissibility of evidence related to legally protected health
38 activity. Evidence relating to the involvement of a party engaging in
39 [one or more] legally protected health activity, as defined [in para-
40 graph (b) of subdivision one of] by section 570.17 of the criminal
41 procedure law[, relating to providing reproductive health services to
42 persons not physically present in this state] shall not be offered
43 against such party as evidence that such party has engaged in any wrong-
44 doing, whether civil, criminal, professional, or otherwise by virtue of
45 [such recipients of such services not being physically present in this
46 state] engaging in such legally protected health activity. Nothing in
47 this section shall prevent a party from offering such evidence in a
48 proceeding that (i) sounds in tort or contract, (ii) is actionable, in
49 an equivalent or similar manner, under the laws of this state, and (iii)
50 was brought by the [patient] person who received reproductive health
51 [services] care or gender-affirming care, or the [patient's] person's
52 legal representative in a manner consistent with subparagraph (iii) of
53 paragraph one of subdivision (g) of section three thousand one hundred
54 nineteen of this chapter.
S. 4914 13
1 § 17. Section 70-b of the civil rights law, as added by chapter 218 of
2 the laws of 2022 and paragraph (b) of subdivision 3 as amended by chap-
3 ter 26 of the laws of 2023, is amended to read as follows:
4 § 70-b. Unlawful interference with protected rights. 1. For the
5 purposes of this section, the term "legally protected health activity"
6 shall have the same meaning as defined by section 570.17 of the criminal
7 procedure law.
8 2. A claim of unlawful interference with protected rights is estab-
9 lished under this section. Such claim shall arise when a person demon-
10 strates that they [exercised or attempted to exercise, or facilitated or
11 attempted to facilitate the exercise of a right protected under the
12 constitution of the state of New York and/or protected or permitted by
13 the laws of the state of New York, to obtain or provide the medical care
14 described in subdivision six of this section, and such exercise,
15 provision, facilitation, or attempt thereof] engaged in legally
16 protected health activity that results in litigation or criminal charges
17 brought against that person in any court in the United States or its
18 territories.
19 [2.] 3. Such claim shall arise when any person or entity commences an
20 action in any court, in the United States or any of its territories, in
21 which the allegations against the person, whether civil or criminal,
22 involve [accessing, providing, facilitating, or attempting to access,
23 provide, or facilitate the medical care described in subdivision six of
24 this section] legally protected health activity.
25 [3.] 4. In a claim for unlawful interference with protected rights
26 under this section:
27 (a) compensatory damages, as well as costs and attorneys' fees,
28 including expert witness fees, shall be recoverable upon a demonstration
29 of unlawful interference; and
30 (b) additional damages of up to three times the amount of compensatory
31 damages shall be recoverable upon an additional demonstration that the
32 action against the plaintiff was commenced or continued for the purpose
33 of harassing, intimidating, punishing or otherwise maliciously inhibit-
34 ing the exercise of rights protected in New York, including but not
35 limited to [the rights in subdivision six of this section] legally
36 protected health activity.
37 [4.] 5. Any action or proceeding brought pursuant to this section
38 shall be commenced no later than six years after the date on which the
39 [violation of this section is committed] claim under this section
40 arises.
41 [5.] 6. Nothing in this section shall affect or preclude the right of
42 any party to any recovery otherwise authorized by common law, or by
43 statute, law or rule.
44 [6. Rights specifically protected under this section shall include
45 lawfully provided medical care including but not limited to reproductive
46 and/or endocrine health care, and all medical, surgical, counseling or
47 referral services relating to the human reproductive system, including
48 but not limited to services relating to pregnancy, contraception, or the
49 termination of a pregnancy.]
50 7. An action under this section shall be brought in the Supreme Court
51 of the state of New York.
52 § 18. Section 570.17 of the criminal procedure law, as amended by
53 chapter 138 of the laws of 2023, is amended to read as follows:
54 § 570.17 Extradition for legally protected health activity.
55 1. For purposes of this section, the following terms shall have the
56 following meanings:
S. 4914 14
1 (a) "Reproductive health [services] care" shall mean and include all
2 services, care, or products of a medical, surgical, psychiatric, thera-
3 peutic, diagnostic, mental health, behavioral health, preventative,
4 rehabilitative, supportive, consultative, referral, prescribing, or
5 dispensing nature relating to the human reproductive system provided in
6 accordance with the constitution and the laws of this state, whether
7 provided in person or by means of telehealth or telehealth services,
8 which includes, but is not limited to, all services, care and products
9 relating to pregnancy, assisted reproduction, contraception, miscarriage
10 management or [the termination of a pregnancy, and self-managed termi-
11 nations] abortion, including but not limited to care an individual
12 provides to themself.
13 (b) "Gender-affirming care" shall mean and include any type of care
14 provided to an individual to affirm their gender identity or gender
15 expression, including but not limited to care an individual provides to
16 themself; provided that surgical interventions on minors with variations
17 in their sex characteristics that are not sought and initiated by the
18 individual patient are not gender-affirming care.
19 (c) "Legally protected health activity" shall mean and include the
20 following acts and omissions by providers [and], facilitators, seekers,
21 and recipients of reproductive health [services] care and gender-affirm-
22 ing care, to the extent they are not in violation of the constitution or
23 the laws of this state[, provided that such provider is physically pres-
24 ent in the state]:
25 (i) the [exercise] receipt or [attempted exercise by any person of
26 rights] attempt to receive reproductive health [services as secured by
27 the constitution or laws of this state or the provision of insurance
28 coverage for such services or] care or gender-affirming care, regardless
29 of such person's location; [and]
30 (ii) any act or omission undertaken while physically present in this
31 state to aid or encourage, or attempt to aid or encourage, any person in
32 the [exercise] receipt of or [attempted exercise of rights] attempt to
33 receive reproductive health [services as secured by the constitution or
34 laws of this state, or] care or gender-affirming care, regardless of the
35 location of the recipient or provider of such care;
36 (iii) the provision of or attempt to provide insurance coverage for
37 [such services or care; provided, however, that] reproductive health
38 care or gender-affirming care, by any entity located, headquartered, or
39 incorporated in the state, regardless of the location of the recipient
40 or provider of such care; or
41 (iv) the provision of [such] or attempt to provide reproductive health
42 [services] care or gender-affirming care by a person duly licensed under
43 the laws of this state and physically present in this state [and the
44 provision of insurance coverage for such services or care shall be a
45 legally protected health activity if the service or care is permitted
46 under the laws of this state], regardless of the [patient's] recipient's
47 location.
48 2. Except as required by federal law, no demand for the extradition of
49 a person subject to criminal liability that is in whole or in part based
50 on the alleged provision or receipt of, assistance in provision or
51 receipt of, material support for, or any theory of vicarious, joint,
52 several or conspiracy liability for any legally protected health activ-
53 ity [performed in New York] shall be recognized by the governor unless
54 the executive authority of the demanding state shall allege in writing
55 that the accused was physically present in the demanding state at the
S. 4914 15
1 time of the commission of the alleged crime, and that thereafter [he,
2 she or they] such accused fled from that state.
3 § 19. Subdivision 1 of section 659 of the family court act, as amended
4 by chapter 101 of the laws of 2024, is amended to read as follows:
5 1. A law that authorizes a child to be removed from their parent or
6 guardian based on the parent or guardian allowing their child to
7 [receive gender-affirming care] engage in legally protected health
8 activity, as defined by section 570.17 of the criminal procedure law, or
9 based on such parent or guardian themself engaging in legally protected
10 health activity, is against the public policy of this state and shall
11 not be enforced or applied in a case pending in a court in this state.
12 § 20. Section 76 of the domestic relations law is amended by adding a
13 new subdivision 4 to read as follows:
14 4. The presence of a child in this state for the purpose of engaging
15 in legally protected health activity, as defined by section 570.17 of
16 the criminal procedure law, or for the purpose of such child's parent or
17 sibling engaging in legally protected health activity, shall be suffi-
18 cient to meet the requirements of paragraph (b) of subdivision one of
19 this section.
20 § 21. Subdivision 1 of section 76-c of the domestic relations law, as
21 added by chapter 386 of the laws of 2001, is amended to read as follows:
22 1. A court of this state has temporary emergency jurisdiction if the
23 child is present in this state and:
24 (a) the child has been abandoned; or
25 (b) it is necessary in an emergency to protect the child, a sibling or
26 parent of the child, including because the child is present in this
27 state because the child, or a sibling or parent of the child is unable
28 to obtain necessary medical care, including legally protected health
29 activity, as defined by section 570.17 of the criminal procedure law.
30 § 22. Section 76-f of the domestic relations law is amended by adding
31 a new subdivision 2-a to read as follows:
32 2-a. In a case where a child's or a sibling or parent of such child's
33 legally protected health activity, as defined by section 570.17 of the
34 criminal procedure law, is at issue, a court of this state shall not
35 determine that it is an inconvenient forum and shall find that it is a
36 more appropriate forum, where the law or policy of the other state that
37 may take jurisdiction limits the ability of a parent to allow their
38 child or a sibling or parent of such child to engage in such legally
39 protected health activity.
40 § 23. Subdivision 4 of section 76-g of the domestic relations law, as
41 added by chapter 386 of the laws of 2001, is amended to read as follows:
42 4. In making a determination under this section, a court shall not
43 consider as a factor weighing against the petitioner any taking of the
44 child, or retention of the child after a visit or other temporary relin-
45 quishment of physical custody, from the person who has legal custody, if
46 there is evidence that the taking or retention of the child was to
47 protect the petitioner from domestic violence or the child or sibling
48 from mistreatment or abuse, or was for the purpose of allowing the child
49 to engage in legally protected health activity, as defined by section
50 570.17 of the criminal procedure law, if the law or policy of the other
51 state limits the ability of a parent or legal guardian to allow their
52 child to engage in legally protected health activity.
53 § 24. Section 77-l of the domestic relations law, as added by chapter
54 386 of the laws of 2001, is amended to read as follows:
55 § 77-l. Recognition and enforcement. 1. A court of this state shall
56 accord full faith and credit to an order issued by another state and
S. 4914 16
1 consistent with this article which enforces a child custody determi-
2 nation by a court of another state unless the order has been vacated,
3 stayed, or modified by a court having jurisdiction to do so under title
4 two of this article, unless recognition and enforcement would violate
5 subdivision one-c of section two hundred forty of this chapter or
6 section one thousand eighty-five of the family court act.
7 2. A law that authorizes a state agency to remove a child from their
8 parent or guardian based on such parent or guardian allowing their child
9 to engage in legally protected health activity, as defined by section
10 570.17 of the criminal procedure law, or based on such parent or guardi-
11 an themself engaging in such legally protected health activity, is
12 against the public policy of this state and shall not be enforced or
13 applied in a case pending in a court in this state.
14 § 25. The civil practice law and rules is amended by adding a new
15 article 3-A to read as follows:
16 ARTICLE 3-A
17 CONFLICT OF LAW IN ACTIONS RELATED
18 TO LEGALLY PROTECTED HEALTH ACTIVITY
19 Section 350. Legally protected health activities.
20 § 350. Legally protected health activities. Notwithstanding any gener-
21 al or special law, common law, or conflict of law rule to the contrary,
22 the laws of this state shall govern in any case or controversy heard in
23 this state related to legally protected health activity, as defined by
24 section 570.17 of the criminal procedure law.
25 § 26. Severability. If any clause, sentence, paragraph, subdivision,
26 section or part of this act shall be adjudged by any court of competent
27 jurisdiction to be invalid, such judgment shall not affect, impair, or
28 invalidate the remainder thereof, but shall be confined in its operation
29 to the clause, sentence, paragraph, subdivision, section or part thereof
30 directly involved in the controversy in which such judgment shall have
31 been rendered. It is hereby declared to be the intent of the legislature
32 that this act would have been enacted even if such invalid provisions
33 had not been included herein.
34 § 27. Construction. The provisions of this act shall be construed
35 liberally in order to give full effect to the fundamental rights and the
36 other protections contained herein and the accomplishment of its
37 purposes. This shall be true regardless of whether federal civil rights
38 laws, including those laws with provisions worded comparably to the
39 provisions of this section, have been so construed.
40 § 28. This act shall take effect immediately.
