S T A T E O F N E W Y O R K
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10365
I N A S S E M B L Y
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules and the criminal proce-
dure law, in relation to protections for persons receiving and provid-
ing reproductive health care services and access to reproductive
health care services in New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 1. As used in this act:
(a) "Reproductive health care services" includes all medical, surgi-
cal, counseling or referral services relating to the human reproductive
system, including, but not limited to, services relating to pregnancy,
contraception or the termination of a pregnancy; and
(b) "Person" includes an individual, a partnership, an association, a
limited liability company or a corporation.
2. Notwithstanding any other law or rule to the contrary, when any
person has had a judgment entered against such person, in any state,
where liability, in whole or in part, is based on the alleged provision,
receipt, assistance in receipt or provision, material support for, or
any theory of vicarious, joint, several or conspiracy liability derived
therefrom, for reproductive health care services that are permitted
under the laws of this state, such person may recover damages from any
party that brought the action leading to that judgment or has sought to
enforce that judgment. Recoverable damages shall include: (a) Just
damages created by the action that led to that judgment, including, but
not limited to, money damages in the amount of the judgment in that
other state and costs, expenses and reasonable attorney's fees spent in
defending the action that resulted in the entry of a judgment in another
state; and (b) costs, expenses and reasonable attorney's fees incurred
in bringing an action under this section as may be allowed by the court.
3. The provisions of this section shall not apply to a judgment
entered in another state that is based on: (a) an action founded in
tort, contract or statute, and for which a similar claim would exist
under the laws of this state, brought by the patient who received the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15729-01-2
A. 10365 2
reproductive health care services upon which the original lawsuit was
based or the patient's authorized legal representative, for damages
suffered by the patient or damages derived from an individual's loss of
consortium of the patient; (b) an action founded in contract, and for
which a similar claim would exist under the laws of this state, brought
or sought to be enforced by a party with a contractual relationship with
the person that is the subject of the judgment entered in another state;
or (c) an action where no part of the acts that formed the basis for
liability occurred in this state.
§ 2. 1. Except as provided in subdivision two of this section, in any
civil action or any proceeding preliminary thereto or in any probate,
legislative or administrative proceeding, no covered entity, as defined
in 45 CFR 160.103, shall disclose (a) any communication made to such
covered entity, or any information obtained by such covered entity from,
a patient or the conservator, guardian or other authorized legal repre-
sentative of a patient relating to reproductive health care services, as
defined in section one of this act, that are permitted under the laws of
this state, or (b) any information obtained by personal examination of a
patient relating to reproductive health care services, as defined in
section one of this act, that are permitted under the laws of this
state, unless the patient or that patient's conservator, guardian or
other authorized legal representative explicitly consents in writing to
such disclosure. A covered entity shall inform the patient or the
patient's conservator, guardian or other authorized legal representative
of the patient's right to withhold such written consent.
2. Written consent of the patient or the patient's conservator, guard-
ian or other authorized legal representative shall not be required for
the disclosure of such communication or information (a) pursuant to the
laws of this state or the rules of court prescribed by the chief admin-
istrator of the courts, (b) by a covered entity against whom a claim has
been made, or there is a reasonable belief will be made, in such action
or proceeding, to the covered entity's attorney or professional liabil-
ity insurer or such insurer's agent for use in the defense of such
action or proceeding, (c) to the commissioner of health for records of a
patient of a covered entity in connection with an investigation of a
complaint, if such records are related to the complaint, or (d) if child
abuse, abuse of an elderly individual, abuse of an individual who is
physically disabled or incompetent or abuse of an individual with intel-
lectual disability is known or in good faith suspected.
3. Nothing in this section shall be construed to impede the lawful
sharing of medical records as permitted by state or federal law or the
rules of the court prescribed by the chief administrator of the courts,
except in the case of a subpoena commanding the production, copying or
inspection of medical records relating to reproductive health care
services, as defined in section one of this act.
§ 3. Notwithstanding any other provision of law to the contrary, a
judge, justice of the peace, notary public or court clerk shall not
issue a subpoena, appointed according to the laws or usages of any other
state or government, or by any court of the United States or of any
other state or government, when such subpoena relates to reproductive
health care services, as defined in section one of this act, that are
permitted under the laws of this state, unless the subpoena relates to:
(a) an out-of-state action founded in tort, contract or statute, for
which a similar claim would exist under the laws of this state, brought
by a patient or the patient's authorized legal representative, for
damages suffered by the patient or damages derived from an individual's
A. 10365 3
loss of consortium of the patient; or (b) an out-of-state action founded
in contract, and for which a similar claim would exist under the laws of
this state, brought or sought to be enforced by a party with a contrac-
tual relationship with the person that is the subject of the subpoena
requested by a commissioner appointed according to the laws or usages of
another state.
§ 4. No state or local department, division, office, bureau or public
authority, or any employee, appointee, officer or official or any other
person acting on behalf thereof, may provide any information or expend
or use time, money, facilities, property, equipment, personnel or other
resources in furtherance of any interstate investigation or proceeding
seeking to impose civil or criminal liability upon a person or entity
for (a) the provision, seeking or receipt of or inquiring about repro-
ductive health care services, as defined in section one of this act,
that are legal in this state, or (b) assisting any person or entity
providing, seeking, receiving or responding to an inquiry about repro-
ductive health care services, as defined in section one of this act,
that are legal in this state. This section shall not apply to any inves-
tigation or proceeding where the conduct subject to potential liability
under the investigation or proceeding would be subject to liability
under the laws of this state if committed in this state.
§ 5. Section 3119 of the civil practice law and rules is amended by
adding a new subdivision (g) to read as follows:
(G) OUT-OF-STATE ABORTION PROCEEDINGS. NOTWITHSTANDING ANY OTHER
PROVISIONS OF THIS SECTION OR ANY OTHER LAW, NO COURT OR COUNTY CLERK
SHALL ISSUE A SUBPOENA OR A SUMMONS IN A CASE WHERE PROSECUTION IS PEND-
ING, OR WHERE A GRAND JURY INVESTIGATION HAS COMMENCED OR IS ABOUT TO
COMMENCE FOR A CRIMINAL VIOLATION OF A LAW OF SUCH OTHER STATE INVOLVING
THE PROVISION OR RECEIPT OF OR ASSISTANCE WITH REPRODUCTIVE HEALTH CARE
SERVICES THAT ARE LEGAL IN THIS STATE, UNLESS THE ACTS FORMING THE BASIS
OF THE PROSECUTION OR INVESTIGATION WOULD ALSO CONSTITUTE AN OFFENSE IN
THIS STATE. FOR THE PURPOSES OF THIS SUBDIVISION, "REPRODUCTIVE HEALTH
CARE SERVICES" MEANS AND INCLUDES ALL MEDICAL, SURGICAL, COUNSELING OR
REFERRAL SERVICES RELATING TO THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING,
BUT NOT LIMITED TO, SERVICES RELATING TO PREGNANCY, CONTRACEPTION OR THE
TERMINATION OF A PREGNANCY.
§ 6. The criminal procedure law is amended by adding a new section
570.17 to read as follows:
§ 570.17 EXTRADITION OF ABORTION PROVIDERS.
NO DEMAND FOR THE EXTRADITION OF A PERSON CHARGED WITH PROVIDING AN
ABORTION SHALL BE RECOGNIZED BY THE GOVERNOR UNLESS THE EXECUTIVE
AUTHORITY OF THE DEMANDING STATE SHALL ALLEGE IN WRITING THAT THE
ACCUSED WAS PRESENT IN THE DEMANDING STATE AT THE TIME OF THE COMMISSION
OF THE ALLEGED OFFENSE, AND THAT THEREAFTER HE, SHE OR THEY FLED FROM
THAT STATE.
§ 7. This act shall take effect immediately.