Extends legal protection to telehealth providers in the state of New York offering telehealth reproductive health services, regardless of the location of the patient.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1475
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to extending legal
protection to telehealth providers in the state of New York offering
telehealth reproductive health services
PURPOSE:
This legislation will authorize telehealth providers to provide repro-
ductive health services to a patient regardless of where the patient is
physically located.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 2999-cc of the public health law by adding a
new subdivision 8.
Section two amends the public health law by adding a new section 2999-
ff. Section three sets forth the effective date.
JUSTIFICATION:
With the fall of Roe v. Wade and states becoming increasingly hostile
toward abortion, it is important to preserve access to reproductive
health services available through telehealth. While steps have been
taken to protect practitioners who provide reproductive health services
to those traveling here from out of state, there are no explicit
protections that ensure a professional licensed in New York State can
provide services, including contraception or abortion medication, to a
patient that resides elsewhere.
With abortion and reproductive care banned or severely restricted in
other states, many people are now being forced to travel to another
state for care. Reproductive health services are increasingly delivered
through telehealth and have made care more accessible to those in need.
This legislation will guarantee that telehealth providers in New York
State are able to provide care to patients located elsewhere.
LEGISLATIVE HISTORY:
2021-22: A.10663 - Referred to Health
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1475
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. L. ROSENTHAL, PAULIN, SIMON, EPSTEIN -- read once
and referred to the Committee on Health
AN ACT to amend the public health law, in relation to extending legal
protection to telehealth providers in the state of New York offering
telehealth reproductive health services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2999-cc of the public health law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. "Telehealth reproductive health services" means any of the follow-
4 ing services provided via telehealth or telemedicine:
5 (a) abortion pursuant to section twenty-five hundred ninety-nine-bb of
6 this chapter;
7 (b) emergency contraception as defined in section twenty-eight hundred
8 five-p of this chapter; or
9 (c) medical, surgical, counseling or referral services relating to the
10 human reproductive system, including services relating to pregnancy or
11 the termination of a pregnancy.
12 § 2. The public health law is amended by adding a new section 2999-ff
13 to read as follows:
14 § 2999-ff. Telehealth reproductive health services. The provision of
15 telehealth reproductive health services by a telehealth provider located
16 at a distant site within the state of New York shall be legally
17 protected where such service is otherwise permitted under the laws of
18 the state of New York, regardless of the location of the originating
19 site.
20 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05851-01-3
