S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8842--A
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced   by   Sens.   HOYLMAN,   COONEY,   HINCHEY,   JACKSON,  MAY,
   REICHLIN-MELNICK, RIVERA -- 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
 
 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:
 
   Section 1. The family court act is amended by adding a new section 659
 to read as follows:
   § 659. CONSIDERATION OF LAW ALLOWING GENDER AFFIRMING CARE. 1.  A  LAW
 OF ANOTHER STATE THAT AUTHORIZES A CHILD TO BE REMOVED FROM THEIR PARENT
 OR  GUARDIAN  BASED  ON  THE  PARENT OR GUARDIAN ALLOWING THEIR CHILD TO
 RECEIVE GENDER AFFIRMING CARE SHALL NOT BE ENFORCED OR APPLIED IN A CASE
 PENDING IN A COURT IN THIS STATE.
   2. NO COURT IN THIS STATE SHALL ADMIT OR CONSIDER A FINDING  OF  ABUSE
 BASED  ON THE PARENT OR GUARDIAN ALLOWING THEIR CHILD TO RECEIVE OR SEEK
 GENDER AFFIRMING CARE AS EVIDENCE IN ANY PROCEEDING WITH RESPECT TO THAT
 PARENT OR GUARDIAN AND ANY OF THEIR CHILDREN, UNLESS SUCH CONDUCT  WOULD
 CONSTITUTE  ABUSE  UNDER  THE  LAWS OF THIS STATE IF IT OCCURRED IN THIS
 STATE.
   § 2. The executive law is amended by adding a  new  section  837-x  to
 read as follows:
   §  837-X.  COOPERATION  WITH  CERTAIN  OUT-OF-STATE INVESTIGATIONS. NO
 STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL COOPERATE  WITH  OR  PROVIDE
 INFORMATION  TO  ANY  INDIVIDUAL  OR  OUT-OF-STATE  AGENCY OR DEPARTMENT
 REGARDING THE PROVISION, SEEKING, OR ASSISTANCE IN PROVISION OR  SEEKING
 OF LAWFUL GENDER AFFIRMING CARE PERFORMED IN THIS STATE. NOTHING IN THIS
 SECTION  SHALL  PROHIBIT  THE  INVESTIGATION OF ANY CRIMINAL ACTIVITY IN
 THIS STATE WHICH MAY INVOLVE THE PERFORMANCE OF  GENDER  AFFIRMING  CARE
 PROVIDED THAT NO INFORMATION RELATING TO ANY MEDICAL PROCEDURE PERFORMED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15412-02-2
 S. 8842--A                          2
 
 ON  A  SPECIFIC  INDIVIDUAL MAY BE SHARED WITH AN OUT-OF-STATE AGENCY OR
 ANY OTHER INDIVIDUAL.
   §  3.  Section  3119 of the civil practice law and rules is amended by
 adding a new subdivision (h) to read as follows:
   (H) SUBPOENAS RELATED TO GENDER AFFIRMING  CARE.  NOTWITHSTANDING  ANY
 OTHER PROVISIONS OF LAW, NO COURT OR COUNTY CLERK SHALL ISSUE A SUBPOENA
 UNDER  THIS SECTION IN CONNECTION WITH AN OUT-OF-STATE PROCEEDING RELAT-
 ING TO ANY GENDER AFFIRMING CARE WHICH WAS  LEGALLY  PERFORMED,  SOUGHT,
 RECEIVED,  OR SUPPORTED IN THIS STATE, UNLESS SUCH OUT-OF-STATE PROCEED-
 ING (1) SOUNDS IN TORT OR CONTRACT, OR  IS  BASED  ON  STATUTE,  (2)  IS
 ACTIONABLE,  IN  AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF THIS
 STATE, AND (3) WAS BROUGHT  BY  THE  PATIENT  WHO  RECEIVED  THE  GENDER
 AFFIRMING CARE, OR THE PATIENT'S LEGAL REPRESENTATIVE.
   §  4.    Subdivision (e) of section 3102 of the civil practice law and
 rules, as amended by chapter 219 of the laws of 2022, is amended to read
 as follows:
   (e) Action pending in another  jurisdiction.  Except  as  provided  in
 section  three thousand one hundred nineteen of this article, when under
 any mandate, writ or commission issued out of any court of record in any
 other state, territory, district or foreign  jurisdiction,  or  whenever
 upon  notice  or  agreement,  it  is required to take the testimony of a
 witness in the state, he or she may be compelled to appear  and  testify
 in  the  same  manner and by the same process as may be employed for the
 purpose of taking testimony in actions pending in the state. The supreme
 court or a county court shall make  any  appropriate  order  in  aid  of
 taking  such  a  deposition;  provided that no order may be issued under
 this section in connection with an out-of-state proceeding  relating  to
 any  abortion services or procedures OR GENDER AFFIRMING CARE which were
 legally performed in this state, unless such out-of-state proceeding (1)
 sounds in tort or contract, or is based on statute, (2)  is  actionable,
 in  an  equivalent  or similar manner, under the laws of this state, and
 (3) was brought by the patient who received reproductive healthcare,  or
 the patient's legal representative.
   § 5. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 3-b to read as follows:
   3-B.  A  POLICE  OFFICER  MAY  NOT ARREST ANY PERSON FOR PERFORMING OR
 AIDING IN THE PERFORMANCE OF GENDER AFFIRMING CARE WITHIN THIS STATE, OR
 IN PROCURING OR AIDING IN THE PROCUREMENT OF GENDER  AFFIRMING  CARE  IN
 THIS STATE, IF THE GENDER AFFIRMING CARE IS PERFORMED IN ACCORDANCE WITH
 THE PROVISIONS OF ANY OTHER APPLICABLE LAW OF THIS STATE.
   §  6.  The  criminal  procedure law is amended by adding a new section
 570.19 to read as follows:
 § 570.19 EXTRADITION  OF  GENDER  AFFIRMING  CARE  PROVIDERS,   SEEKERS,
            PARENTS, GUARDIANS, AND HELPERS.
   NO  DEMAND FOR THE EXTRADITION OF A PERSON SUBJECT TO CRIMINAL LIABIL-
 ITY THAT IS IN WHOLE OR PART BASED ON THE ALLEGED PROVISION  OR  RECEIPT
 OF, SUPPORT FOR, OR ANY THEORY OF VICARIOUS, JOINT, SEVERAL OR CONSPIRA-
 CY  LIABILITY  FOR  GENDER AFFIRMING CARE LAWFULLY PERFORMED IN NEW YORK
 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. Subdivision 1 of section 6531-b of the education law  is  amended
 by adding a new paragraph (c) to read as follows:
 S. 8842--A                          3
 
   (C)  "GENDER  AFFIRMING  CARE"  MEANS  ANY TYPE OF CARE PROVIDED TO AN
 INDIVIDUAL WHO HAS SOUGHT AND INITIATED THAT CARE TO AFFIRM THEIR GENDER
 IDENTITY OR GENDER EXPRESSION.
   § 8. Subdivision 2 of section 6531-b of the education law, as added by
 chapter 220 of the laws of 2022, is amended to read as follows:
   2.  The  performance, recommendation, or provision of any reproductive
 health services OR GENDER AFFIRMING CARE, as defined in subdivision  one
 of this section, by a health care practitioner acting within their scope
 of  practice,  for a patient who resides in a state wherein the perform-
 ance, recommendation, or provision of such reproductive health  services
 is  illegal,  shall  not,  by itself, constitute professional misconduct
 under this title, or title two-A of article two  of  the  public  health
 law,  or  any  other  law,  rule  or regulation governing the licensure,
 certification, or authorization of  such  practitioner,  nor  shall  any
 license, certification or authorization of a health care practitioner be
 revoked, suspended, or annulled or otherwise subject to any other penal-
 ty  or discipline provided in the public health law or this title solely
 on the basis that such health care practitioner performed,  recommended,
 or  provided  any  such reproductive health services OR GENDER AFFIRMING
 CARE for a patient who resides  in  a  state  wherein  the  performance,
 recommendation,  or  provision  of  such reproductive health services OR
 GENDER AFFIRMING CARE is illegal.
   § 9. Subdivision 9-c of section 230 of the public health law, as added
 by chapter 220 of the laws of 2022, is amended to read as follows:
   9-c. (a) Neither the board for professional medical  conduct  nor  the
 office  of  professional medical conduct shall charge a licensee, acting
 within their scope of practice, with misconduct as defined  in  sections
 sixty-five  hundred  thirty  and  sixty-five  hundred  thirty-one of the
 education law, or cause a report made to the director of such office  to
 be  investigated  beyond a preliminary review as set forth in clause (A)
 of subparagraph (i) of paragraph (a) of subdivision ten of this section,
 where such report is determined to be based solely upon the performance,
 recommendation, or provision of  any  reproductive  health  services  OR
 GENDER  AFFIRMING CARE, as defined in section sixty-five hundred thirty-
 one-b of the education law, for a particular patient  by  such  licensee
 where such patient resides in a state wherein the performance, recommen-
 dation or provision of such reproductive health services is illegal.
   (b)  When  a  licensee,  acting within their scope of practice, and in
 accordance with paragraph e of subdivision four  of  section  sixty-five
 hundred  twenty-seven  of  the  education  law,  performs, recommends or
 provides any reproductive health services for a patient who resides in a
 state wherein the performance, recommendation, or provision of any  such
 reproductive  health  services OR GENDER AFFIRMING CARE is illegal, such
 performance, recommendation, or provision of  such  reproductive  health
 services  OR  GENDER  AFFIRMING  CARE  for  such  patient, shall not, by
 itself, constitute professional misconduct.  The licensee  shall  other-
 wise abide by all other applicable professional requirements.
   §  10. Section 6505-d of the education law, as added by chapter 220 of
 the laws of 2022, is amended to read as follows:
   § 6505-d. Evaluation of prior disciplinary history  for  authorization
 to  practice. An applicant seeking licensure, certification, or authori-
 zation pursuant to this title  who  has  been  subject  to  disciplinary
 action  by a duly authorized professional disciplinary agency of another
 jurisdiction solely on the basis of having  performed,  recommended,  or
 provided  an  abortion  pursuant  to section twenty-five hundred ninety-
 nine-bb of the public health law, OR GENDER AFFIRMING CARE shall not  be
 S. 8842--A                          4
 
 denied  such  licensure,  certification,  or  authorization,  unless the
 department determines that such action would  have  constituted  profes-
 sional  misconduct in this state. Provided however, that nothing in this
 section shall be construed as prohibiting the department from evaluating
 the conduct of such applicant and making a determination to be licensed,
 certified, or authorized to practice a profession under this title.
   §  11.  Subdivision 1 of section 3436-a of the insurance law, as added
 by chapter 221 of the laws of 2022, is amended to read as follows:
   1. Adverse action against legal reproductive  health  care  OR  GENDER
 AFFIRMING  CARE.   Every insurer which issues or renews medical malprac-
 tice insurance covering a health care provider licensed to  practice  in
 this  state shall be prohibited from taking any adverse action against a
 health care provider solely on the basis that the health  care  provider
 performs  an  abortion  or  provides  reproductive health care OR GENDER
 AFFIRMING CARE that is legal in the state of New York on someone who  is
 from  out  of the state. Such policy shall include health care providers
 who legally prescribe abortion medication to  out-of-state  patients  by
 means of telehealth.
   § 12. This act shall take effect immediately.