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S02475 Summary:

S02475 Actions:

S02475 Committee Votes:

S02475 Floor Votes:

S02475 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2475--B
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 20, 2023
                                       ___________
 
        Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK,  COMRIE, COONEY, GIANARIS,
          GOUNARDES, HINCHEY, JACKSON, KENNEDY, KRUEGER, LIU, MAY, MAYER,  PARK-
          ER,  RAMOS, RIVERA, SEPULVEDA, WEBB -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Judiciary  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee  and  committed to the Committee on Codes -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN ACT to amend the family court act, the executive law, the civil prac-
          tice law and rules, the criminal procedure law, the education law, the
          public health law and the insurance law, in relation to gender-affirm-
          ing care
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The family court act is amended by adding a new section 659
     2  to read as follows:
     3    § 659. Consideration of law allowing gender-affirming care. 1.  A  law
     4  of another state that authorizes a child to be removed from their parent
     5  or  guardian  based  on  the  parent or guardian allowing their child to
     6  receive gender-affirming care shall not be enforced or applied in a case
     7  pending in a court in this state.
     8    2. No court in this state shall admit or consider a finding  of  abuse
     9  based  on the parent or guardian allowing their child to receive or seek
    10  gender-affirming care as evidence in any proceeding with respect to that
    11  parent or guardian and any of their children, unless such conduct  would
    12  constitute  abuse  under  the  laws of this state if it occurred in this
    13  state.
    14    § 2. The executive law is amended by adding a  new  section  837-x  to
    15  read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01793-09-3
        S. 2475--B                          2
 
     1    §  837-x.  Cooperation  with  certain  out-of-state investigations. No
     2  state or local law enforcement agency shall cooperate  with  or  provide
     3  information  to  any  individual  or  out-of-state  agency or department
     4  regarding the provision, seeking, or assistance in provision or  seeking
     5  of lawful gender-affirming care performed in this state. Nothing in this
     6  section  shall  prohibit  the  investigation of any criminal activity in
     7  this state which may involve the performance  of  gender-affirming  care
     8  provided that no information relating to any medical procedure performed
     9  on  a  specific  individual may be shared with an out-of-state agency or
    10  any other individual.
    11    § 3. Section 3119 of the civil practice law and rules  is  amended  by
    12  adding a new subdivision (h) to read as follows:
    13    (h)  Subpoenas  related to gender-affirming care.  Notwithstanding any
    14  other provisions of law, no court or county clerk shall issue a subpoena
    15  under this section in connection with an out-of-state proceeding  relat-
    16  ing  to  any  gender-affirming care which was legally performed, sought,
    17  received, or supported in this state, unless such out-of-state  proceed-
    18  ing  (1)  sounds  in  tort  or  contract, or is based on statute, (2) is
    19  actionable, in an equivalent or similar manner, under the laws  of  this
    20  state,  and  (3)  was brought by the patient who received the gender-af-
    21  firming care, or the patient's legal representative.
    22    § 4.  Subdivision (e) of section 3102 of the civil  practice  law  and
    23  rules, as amended by chapter 219 of the laws of 2022, is amended to read
    24  as follows:
    25    (e)  Action  pending  in  another  jurisdiction. Except as provided in
    26  section three thousand one hundred nineteen of this article, when  under
    27  any mandate, writ or commission issued out of any court of record in any
    28  other  state,  territory,  district or foreign jurisdiction, or whenever
    29  upon notice or agreement, it is required to  take  the  testimony  of  a
    30  witness  in  the state, he or she may be compelled to appear and testify
    31  in the same manner and by the same process as may be  employed  for  the
    32  purpose of taking testimony in actions pending in the state. The supreme
    33  court  or  a  county  court  shall  make any appropriate order in aid of
    34  taking such a deposition; provided that no order  may  be  issued  under
    35  this  section  in connection with an out-of-state proceeding relating to
    36  any abortion services or procedures or gender-affirming care which  were
    37  legally performed in this state, unless such out-of-state proceeding (1)
    38  sounds  in  tort or contract, or is based on statute, (2) is actionable,
    39  in an equivalent or similar manner, under the laws of  this  state,  and
    40  (3)  was  brought by the patient who received reproductive healthcare or
    41  gender-affirming care, or the patient's legal representative.
    42    § 5. Section 140.10 of the criminal procedure law is amended by adding
    43  a new subdivision 3-b to read as follows:
    44    3-b. A police officer may not arrest  any  person  for  performing  or
    45  aiding in the performance of gender-affirming care within this state, or
    46  in  procuring  or  aiding in the procurement of gender-affirming care in
    47  this state, if the gender-affirming care is performed in accordance with
    48  the provisions of any other applicable law of this state.
    49    § 6. The criminal procedure law is amended by  adding  a  new  section
    50  570.19 to read as follows:
    51  § 570.19 Extradition   of   gender-affirming  care  providers,  seekers,
    52             parents, guardians, and helpers.
    53    No demand for the extradition of a person subject to criminal  liabil-
    54  ity  that  is in whole or part based on the alleged provision or receipt
    55  of, support for, or any theory of vicarious, joint, several or conspira-
    56  cy liability for gender-affirming care lawfully performed  in  New  York
        S. 2475--B                          3
 
     1  shall  be  recognized  by the governor unless the executive authority of
     2  the demanding state shall allege in writing that the accused was present
     3  in the demanding state at the time of  the  commission  of  the  alleged
     4  offense, and that thereafter he, she or they fled from that state.
     5    §  7.  Subdivision 1 of section 6531-b of the education law is amended
     6  by adding a new paragraph (c) to read as follows:
     7    (c) "Gender-affirming care" means any type  of  care  provided  to  an
     8  individual  to  affirm  their  gender  identity  or  gender  expression;
     9  provided that surgical interventions on minors with variations in  their
    10  sex  characteristics that are not sought and initiated by the individual
    11  patient are not gender-affirming care.
    12    § 8. Subdivision 2 of section 6531-b of the education law, as added by
    13  chapter 220 of the laws of 2022, is amended to read as follows:
    14    2. The performance, recommendation, or provision of  any  reproductive
    15  health  services or gender-affirming care, as defined in subdivision one
    16  of this section, by a health care practitioner acting within their scope
    17  of practice, for a patient who resides in a state wherein  the  perform-
    18  ance,  recommendation, or provision of such reproductive health services
    19  or gender affirming-care is illegal, shall not,  by  itself,  constitute
    20  professional  misconduct under this title, or title two-A of article two
    21  of the public health law, or any other law, rule or regulation governing
    22  the licensure, certification, or authorization of such practitioner, nor
    23  shall any license, certification or authorization of a health care prac-
    24  titioner be revoked, suspended, or annulled or otherwise subject to  any
    25  other  penalty  or  discipline provided in the public health law or this
    26  title solely on the basis that such health care practitioner  performed,
    27  recommended,  or  provided  any  such  reproductive  health  services or
    28  gender-affirming care for a patient who resides in a state  wherein  the
    29  performance,  recommendation,  or  provision of such reproductive health
    30  services or gender-affirming care is illegal.
    31    § 9. Subdivision 9-c of section 230 of the public health law, as added
    32  by chapter 220 of the laws of 2022, is amended to read as follows:
    33    9-c. (a) Neither the board for professional medical  conduct  nor  the
    34  office  of  professional medical conduct shall charge a licensee, acting
    35  within their scope of practice, with misconduct as defined  in  sections
    36  sixty-five  hundred  thirty  and  sixty-five  hundred  thirty-one of the
    37  education law, or cause a report made to the director of such office  to
    38  be  investigated  beyond a preliminary review as set forth in clause (A)
    39  of subparagraph (i) of paragraph (a) of subdivision ten of this section,
    40  where such report is determined to be based solely upon the performance,
    41  recommendation, or provision of  any  reproductive  health  services  as
    42  defined in section sixty-five hundred thirty-one-b of the education law,
    43  or gender-affirming care for a particular patient by such licensee where
    44  such  patient resides in a state wherein the performance, recommendation
    45  or provision of such reproductive health  services  or  gender-affirming
    46  care is illegal.
    47    (b)  When  a  licensee,  acting within their scope of practice, and in
    48  accordance with paragraph e of subdivision four  of  section  sixty-five
    49  hundred  twenty-seven  of  the  education  law,  performs, recommends or
    50  provides any reproductive health services or gender-affirming care for a
    51  patient who resides in a state wherein the performance,  recommendation,
    52  or  provision of any such reproductive health services or gender-affirm-
    53  ing care is illegal, such performance, recommendation, or  provision  of
    54  such  reproductive  health  services  or  gender-affirming care for such
    55  patient, shall not, by itself, constitute professional misconduct.   The
        S. 2475--B                          4
 
     1  licensee  shall  otherwise  abide  by  all other applicable professional
     2  requirements.
     3    §  10. Section 6505-d of the education law, as added by chapter 220 of
     4  the laws of 2022, is amended to read as follows:
     5    § 6505-d. Evaluation of prior disciplinary history  for  authorization
     6  to  practice. An applicant seeking licensure, certification, or authori-
     7  zation pursuant to this title  who  has  been  subject  to  disciplinary
     8  action  by a duly authorized professional disciplinary agency of another
     9  jurisdiction solely on the basis of having  performed,  recommended,  or
    10  provided  an  abortion  pursuant  to section twenty-five hundred ninety-
    11  nine-bb of the public health law, or gender-affirming care shall not  be
    12  denied  such  licensure,  certification,  or  authorization,  unless the
    13  department determines that such action would  have  constituted  profes-
    14  sional  misconduct in this state. Provided however, that nothing in this
    15  section shall be construed as prohibiting the department from evaluating
    16  the conduct of such applicant and making a determination to be licensed,
    17  certified, or authorized to practice a profession under this title.
    18    § 11. The section heading and subsection (a) of section 3436-a of  the
    19  insurance  law,  as amended by section 4 of part LL of chapter 57 of the
    20  laws of 2023, are amended to read as follows:
    21    Adverse action against legal reproductive health  care  or  gender-af-
    22  firming  care.  (a) Every insurer that issues or renews medical malprac-
    23  tice insurance covering a health care provider licensed to  practice  in
    24  this  state shall be prohibited from taking any adverse action against a
    25  health care provider solely on the basis that the health  care  provider
    26  performs  an abortion or provides reproductive health care or gender-af-
    27  firming care that is legal in this state on someone who is from  out  of
    28  the  state.  Such policy shall include health care providers who legally
    29  prescribe abortion medication to out-of-state patients by means of tele-
    30  health.
    31    § 12. This act shall take effect immediately.