Amd §§6531-b, 6505-d & 6510, add §6509-f, Ed L; amd §230, Pub Health L
Provides an exception from professional misconduct for the performance, recommendation, or provision of any reproductive health services or gender-affirming care by a health care practitioner performing in the scope of their duties.
STATE OF NEW YORK
________________________________________________________________________
5636
2023-2024 Regular Sessions
IN SENATE
March 10, 2023
___________
Introduced by Sen. WEBB -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law and the public health law, in relation
to providing an exception from professional misconduct for the
performance, recommendation, or provision of any reproductive health
services or gender-affirming care by a health care practitioner
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6531-b of the education law, as added by chapter
2 220 of the laws of 2022, is amended to read as follows:
3 § 6531-b. Exceptions; reproductive health services and gender-affirm-
4 ing care. 1. As used in this section, the following terms shall have the
5 following meanings:
6 (a) "Reproductive health services" shall include[:
7 (i) abortion pursuant to section twenty-five hundred ninety-nine-bb of
8 the public health law;
9 (ii) emergency contraception as defined in section twenty-eight
10 hundred five-p of the public health law; and
11 (iii)] all services, care, or products of a medical, surgical, psychi-
12 atric, therapeutic, mental health, behavioral health, diagnostic,
13 preventative, rehabilitative, supportive, counseling [or], referral
14 [services relating to the human reproductive system, including],
15 prescribing, or dispensing nature relating to the human reproductive
16 system provided in accordance with the laws of this state, including,
17 but not limited to, all services, care and products relating to pregnan-
18 cy, assisted reproduction, contraception, miscarriage management or the
19 termination of a pregnancy, including self-managed terminations.
20 (b) "Gender-affirming care" shall mean any type of care provided to an
21 individual to affirm their gender identity or gender expression,
22 provided that surgical interventions on minors with variations in their
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08626-02-3
S. 5636 2
1 sex characteristics that are not sought and initiated by the individual
2 patient are not gender-affirming care.
3 (c) "Health care practitioner" means a person who is licensed, certi-
4 fied, or authorized under this title and acting within their lawful
5 scope of practice.
6 2. The performance, recommendation, or provision of any reproductive
7 health services or gender-affirming care as defined in subdivision one
8 of this section, by a health care practitioner acting within their scope
9 of practice, for a patient who resides in a state wherein the perform-
10 ance, recommendation, or provision of such reproductive health services
11 or gender-affirming care is illegal, shall not, by itself, constitute
12 professional misconduct under this title, or title two-A of article two
13 of the public health law, or any other law, rule or regulation governing
14 the licensure, certification, or authorization of such practitioner, nor
15 shall any license, certification or authorization of a health care prac-
16 titioner be revoked, suspended, or annulled or otherwise subject to any
17 other penalty or discipline provided in the public health law or this
18 title solely on the basis that such health care practitioner performed,
19 recommended, or provided any such reproductive health services or
20 gender-affirming care for a patient who resides in a state wherein the
21 performance, recommendation, or provision of such reproductive health
22 services or gender-affirming care is illegal.
23 3. Nothing in this section shall be construed to expand the scope of
24 practice of any individual licensed, certified or authorized under this
25 title, nor does this section give any such individual the authority to
26 act outside their scope of practice, as defined in this title.
27 § 2. Subdivision 9-c of section 230 of the public health law, as added
28 by chapter 220 of the laws of 2022, is amended to read as follows:
29 9-c. (a) Neither the board for professional medical conduct nor the
30 office of professional medical conduct shall charge a licensee, acting
31 within their scope of practice, with misconduct as defined in sections
32 sixty-five hundred thirty and sixty-five hundred thirty-one of the
33 education law, or cause a report made to the director of such office to
34 be investigated beyond a preliminary review as set forth in clause (A)
35 of subparagraph (i) of paragraph (a) of subdivision ten of this section,
36 where such report is determined to be based solely upon the performance,
37 recommendation, or provision of any reproductive health services or
38 gender-affirming care as defined in section sixty-five hundred thirty-
39 one-b of the education law for a particular patient by such licensee
40 where such patient resides in a state wherein the performance, recommen-
41 dation or provision of such reproductive health services or gender-af-
42 firming care is illegal.
43 (b) When a licensee, acting within their scope of practice, and in
44 accordance with paragraph e of subdivision four of section sixty-five
45 hundred twenty-seven of the education law, performs, recommends or
46 provides any reproductive health services or gender-affirming care for a
47 patient who resides in a state wherein the performance, recommendation,
48 or provision of any such reproductive health services or gender-affirm-
49 ing care is illegal, such performance, recommendation, or provision of
50 such reproductive health services or gender-affirming care for such
51 patient, shall not, by itself, constitute professional misconduct. The
52 licensee shall otherwise abide by all other applicable professional
53 requirements.
54 § 3. Section 6505-d of the education law, as added by chapter 220 of
55 the laws of 2022, is amended to read as follows:
S. 5636 3
1 § 6505-d. Evaluation of prior disciplinary history for authorization
2 to practice. 1. An applicant seeking licensure, certification, or
3 authorization pursuant to this title who has been subject to discipli-
4 nary action by a duly authorized professional disciplinary agency of
5 another jurisdiction solely on the basis of having performed, recom-
6 mended, or provided [an abortion pursuant to section twenty-five hundred
7 ninety-nine-bb of the public health law,] reproductive health services
8 or gender-affirming care shall not be denied such licensure, certif-
9 ication, or authorization, unless the department determines that such
10 action would have constituted professional misconduct in this state.
11 Provided however, that nothing in this section shall be construed as
12 prohibiting the department from evaluating the conduct of such applicant
13 and making a determination to be licensed, certified, or authorized to
14 practice a profession under this title.
15 2. As used in this section, the following terms shall have the follow-
16 ing meanings:
17 (a) "Reproductive health services" shall include all services, care,
18 or products of a medical, surgical, psychiatric, therapeutic, mental
19 health, behavioral health, diagnostic, preventative, rehabilitative,
20 supportive, counseling, referral, prescribing, or dispensing nature
21 relating to the human reproductive system provided in accordance with
22 the laws of this state, including, but not limited to, all services,
23 care and products relating to pregnancy, assisted reproduction, contra-
24 ception, miscarriage management or the termination of a pregnancy,
25 including self-managed terminations.
26 (b) "Gender-affirming care" shall mean any type of care provided to an
27 individual to affirm their gender identity or gender expression,
28 provided that surgical interventions on minors with variations in their
29 sex characteristics that are not sought and initiated by the individual
30 patient are not gender-affirming care.
31 § 4. Subdivision 1 of section 6510 of the education law is amended by
32 adding a new paragraph b-1 to read as follows:
33 b-1. The department shall not charge a licensee, acting within their
34 scope of practice, with misconduct as defined in section sixty-five
35 hundred nine of this subarticle, or cause a complaint made by any person
36 to the department to be investigated beyond a preliminary review when
37 such report is determined to be based solely upon the performance,
38 recommendation, or provision of any reproductive health services or
39 gender-affirming care as defined in section sixty-five hundred nine-f of
40 this subarticle for a particular patient by such licensee where such
41 patient resides in a state wherein the performance, recommendation or
42 provision of such reproductive health services or gender-affirming care
43 is illegal. The preliminary review shall determine if such report
44 reasonably appears to reflect conduct warranting further investigation
45 pursuant to this paragraph.
46 § 5. The education law is amended by adding a new section 6509-f to
47 read as follows:
48 § 6509-f. Limited exemption from professional misconduct; reproductive
49 health services and gender-affirming care. 1. As used in this section,
50 the following terms shall have the following meanings:
51 (a) "Reproductive health services" shall include all services, care,
52 or products of a medical, surgical, psychiatric, therapeutic, mental
53 health, behavioral health, diagnostic, preventative, rehabilitative,
54 supportive, counseling, referral, prescribing, or dispensing nature
55 relating to the human reproductive system provided in accordance with
56 the laws of this state, including, but not limited to, all services,
S. 5636 4
1 care and products relating to pregnancy, assisted reproduction, contra-
2 ception, miscarriage management or the termination of a pregnancy,
3 including self-managed terminations.
4 (b) "Gender-affirming care" shall mean any type of care provided to an
5 individual to affirm their gender identity or gender expression,
6 provided that surgical interventions on minors with variations in their
7 sex characteristics that are not sought and initiated by the individual
8 patient are not gender-affirming care.
9 (c) "Health care practitioner" means a person who is licensed, certi-
10 fied, or authorized under this title and acting within their lawful
11 scope of practice.
12 2. The performance, recommendation, or provision of any reproductive
13 health services or gender-affirming care as defined in subdivision one
14 of this section, by a health care practitioner acting within their scope
15 of practice, for a patient who resides in a state wherein the perform-
16 ance, recommendation, or provision of such reproductive health services
17 or gender-affirming care is illegal, shall not, by itself, constitute
18 professional misconduct under this title, or any other law, rule or
19 regulation governing the licensure, certification, or authorization of
20 such practitioner, nor shall any license, certification or authorization
21 of a health care practitioner be revoked, suspended, or annulled or
22 otherwise subject to any other penalty or discipline provided in the
23 public health law or this title solely on the basis that such health
24 care practitioner performed, recommended, or provided any such reproduc-
25 tive health services for a patient who resides in a state wherein the
26 performance, recommendation, or provision of such reproductive health
27 services or gender-affirming care is illegal.
28 3. Nothing in this section shall be construed to expand the scope of
29 practice of any individual licensed, certified or authorized under this
30 title, nor does this section give any such individual the authority to
31 act outside their scope of practice, as defined in this title.
32 § 6. This act shall take effect immediately.
