S T A T E O F N E W Y O R K
________________________________________________________________________
9079--B
I N S E N A T E
May 9, 2022
___________
Introduced by Sens. KAPLAN, COONEY, JACKSON, LIU, MAY, MAYER, RIVERA --
read twice and ordered printed, and when printed to be committed to
the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law and the public health law, in relation
to prohibiting disciplinary measures against health care practitioners
for providing reproductive health services to patients who reside in
states where such services are illegal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 6531-b
to read as follows:
§ 6531-B. EXCEPTIONS; REPRODUCTIVE HEALTH SERVICES. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "REPRODUCTIVE HEALTH SERVICES" SHALL INCLUDE:
(I) ABORTION PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF
THE PUBLIC HEALTH LAW;
(II) EMERGENCY CONTRACEPTION AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED FIVE-P OF THE PUBLIC HEALTH LAW; AND
(III) MEDICAL, SURGICAL, COUNSELING OR REFERRAL SERVICES RELATING TO
THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES RELATING TO PREGNANCY
OR THE TERMINATION OF A PREGNANCY.
(B) "HEALTH CARE PRACTITIONER" MEANS A PERSON WHO IS LICENSED, CERTI-
FIED, OR AUTHORIZED UNDER THIS TITLE AND ACTING WITHIN THEIR LAWFUL
SCOPE OF PRACTICE.
2. THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF ANY REPRODUCTIVE
HEALTH SERVICES 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 PERFORMANCE, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15106-08-2
S. 9079--B 2
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 PENALTY 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 REPRODUC-
TIVE HEALTH SERVICES FOR A PATIENT WHO RESIDES IN A STATE WHEREIN THE
PERFORMANCE, RECOMMENDATION, OR PROVISION OF SUCH REPRODUCTIVE HEALTH
SERVICES IS ILLEGAL.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND THE SCOPE OF
PRACTICE OF ANY INDIVIDUAL LICENSED, CERTIFIED OR AUTHORIZED UNDER THIS
TITLE, NOR DOES THIS SECTION GIVE ANY SUCH INDIVIDUAL THE AUTHORITY TO
ACT OUTSIDE THEIR SCOPE OF PRACTICE, AS DEFINED IN THIS TITLE.
§ 2. Section 230 of the public health law is amended by adding a new
subdivision 9-c 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 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, RECOMMENDATION 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 IS ILLEGAL, SUCH PERFORMANCE, RECOMMENDA-
TION, OR PROVISION OF SUCH REPRODUCTIVE HEALTH SERVICES FOR SUCH
PATIENT, SHALL NOT, BY ITSELF, CONSTITUTE PROFESSIONAL MISCONDUCT. THE
LICENSEE SHALL OTHERWISE ABIDE BY ALL OTHER APPLICABLE PROFESSIONAL
REQUIREMENTS.
§ 3. Paragraph (a) of subdivision 10 of section 230 of the public
health law is amended by adding a new subparagraph (i-a) to read as
follows:
(I-A) THE DIRECTOR SHALL, IN ADDITION TO THE DETERMINATION REQUIRED BY
CLAUSE (A) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, DETERMINE IF A REPORT
IS BASED SOLELY UPON CONDUCT WHICH IS OTHERWISE PERMISSIBLE PURSUANT TO
SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW AND SUBDI-
VISION NINE-C OF THIS SECTION, AND UPON A DETERMINATION BY THE DIRECTOR
THAT A REPORT IS BASED SOLELY UPON SUCH PERMISSIBLE CONDUCT, NO FURTHER
REVIEW SHALL BE CONDUCTED AND NO CHARGES SHALL BE BROUGHT. NOTHING IN
THIS SECTION SHALL PRECLUDE THE DIRECTOR FROM MAKING SUCH A DETERMI-
NATION EARLIER IN, OR SUBSEQUENT TO, A PRELIMINARY REVIEW.
§ 4. The education law is amended by adding a new section 6505-d 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
S. 9079--B 3
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, SHALL NOT BE DENIED SUCH LICENSURE,
CERTIFICATION, OR AUTHORIZATION, UNLESS THE DEPARTMENT DETERMINES THAT
SUCH ACTION WOULD HAVE CONSTITUTED PROFESSIONAL MISCONDUCT IN THIS
STATE. PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED
AS PROHIBITING THE DEPARTMENT FROM EVALUATING THE CONDUCT OF SUCH APPLI-
CANT AND MAKING A DETERMINATION TO BE LICENSED, CERTIFIED, OR AUTHORIZED
TO PRACTICE A PROFESSION UNDER THIS TITLE.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 10 of section 230 of the
public health law made by section three of this act shall not affect the
expiration of such paragraph and shall be deemed expired therewith.
