S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9384--A
 
                             I N  S E N A T E
 
                               May 23, 2022
                                ___________
 
 Introduced  by  Sens.  CLEARE, BIAGGI, COONEY, JACKSON, LIU, MAY, MAYER,
   RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the executive law, in relation to address confidentiali-
   ty  to protect reproductive health care services providers, employees,
   volunteers, patients, or  immediate  family  members  of  reproductive
   health care services providers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and subdivision 3 of section  108  of
 the  executive  law,  as amended by chapter 141 of the laws of 2019, are
 amended to read as follows:
   There is created in the office of the secretary of state a program  to
 be  known as the "address confidentiality program" to protect victims of
 domestic violence, victims of human trafficking,  victims  of  a  sexual
 offense  [and],  victims  of  stalking,  AND  REPRODUCTIVE  HEALTH  CARE
 SERVICES PROVIDERS, EMPLOYEES, VOLUNTEERS, PATIENTS, OR IMMEDIATE FAMILY
 MEMBERS OF REPRODUCTIVE HEALTH CARE SERVICES  PROVIDERS  by  authorizing
 the  use  of designated addresses for such victims and their minor chil-
 dren. The program shall be administered by the secretary of state.
   3. Designation of agencies to assist applicants. The  secretary  shall
 designate  state,  local  or nonprofit agencies that provide counseling,
 referral, shelter or other specialized services to victims  of  domestic
 violence,  victims  of  human  trafficking,  victims of a sexual offense
 [and], victims  of  stalking,  AND  REPRODUCTIVE  HEALTH  CARE  SERVICES
 PROVIDERS,  EMPLOYEES, VOLUNTEERS, PATIENTS, OR IMMEDIATE FAMILY MEMBERS
 OF REPRODUCTIVE HEALTH CARE SERVICES PROVIDERS to assist persons  apply-
 ing  to be program participants. Such persons providing assistance shall
 be trained by the secretary. Any assistance and counseling  rendered  by
 an  officer of the secretary or his or her designees to applicants shall
 in no way be construed as legal advice.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15252-04-2
              

 S. 9384--A                          2
 
   § 2. Subdivision 1 of section 108 of the executive law is  amended  by
 adding three new paragraphs (l), (m) and (n) to read as follows:
   (L)  "REPRODUCTIVE HEALTH CARE SERVICES PROVIDER, EMPLOYEE, VOLUNTEER,
 OR PATIENT" MEANS A PERSON WHO OBTAINS, PROVIDES,  OR  ASSISTS,  AT  THE
 REQUEST OF ANOTHER PERSON, IN OBTAINING OR PROVIDING REPRODUCTIVE HEALTH
 CARE  SERVICES,  OR  A PERSON WHO OWNS OR OPERATES A REPRODUCTIVE HEALTH
 CARE SERVICES FACILITY.
   (M) "REPRODUCTIVE HEALTH CARE SERVICES FACILITY" INCLUDES A  HOSPITAL,
 AN OFFICE OPERATED BY A LICENSED PHYSICIAN AND SURGEON, A LICENSED CLIN-
 IC,  OR  OTHER  LICENSED HEALTH CARE FACILITY THAT PROVIDES REPRODUCTIVE
 HEALTH CARE SERVICES AND INCLUDES ONLY  THE  BUILDING  OR  STRUCTURE  IN
 WHICH THE REPRODUCTIVE HEALTH CARE SERVICES ARE ACTUALLY PROVIDED.
   (N)  "IMMEDIATE  FAMILY MEMBER" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED THIRTY-EIGHT OF  THE  PUBLIC
 HEALTH LAW.
   §  3. Clauses (A), (B) and (C) of subparagraph (i) of paragraph (a) of
 subdivision 2 of section 108 of the executive law, clauses (A)  and  (B)
 as amended by chapter 141 of the laws of 2019 and clause (C) as added by
 chapter 502 of the laws of 2011, are amended to read as follows:
   (A)  the  applicant,  or  the  minor  or incapacitated person on whose
 behalf the application is made, is a victim of domestic violence, victim
 of human trafficking, victim of a sexual offense, [or] victim of  stalk-
 ing,  OR  A REPRODUCTIVE HEALTH CARE SERVICES PROVIDER, EMPLOYEE, VOLUN-
 TEER, PATIENT, OR AN IMMEDIATE FAMILY MEMBER OF  A  REPRODUCTIVE  HEALTH
 CARE SERVICES PROVIDER;
   (B)  the  applicant,  or  the  minor  or incapacitated person on whose
 behalf the application is made, has left his or her residence because of
 such violence or acts, PROVIDED, HOWEVER, THIS CLAUSE SHALL NOT APPLY IF
 THE APPLICANT IS A REPRODUCTIVE HEALTH CARE SERVICES PROVIDER, EMPLOYEE,
 VOLUNTEER, PATIENT, OR AN IMMEDIATE  FAMILY  MEMBER  OF  A  REPRODUCTIVE
 HEALTH CARE SERVICES PROVIDER;
   (C) the applicant fears for his or her safety or his or her children's
 safety,  or  the  safety  of  the minor or incapacitated person on whose
 behalf the application is made, OR, IN THE CASE OF A REPRODUCTIVE HEALTH
 CARE SERVICES PROVIDER, EMPLOYEE, VOLUNTEER, OR PATIENT,  THE  APPLICANT
 FEARS FOR HIS OR HER SAFETY OR THE SAFETY OF AN IMMEDIATE FAMILY MEMBER;
 and
   §  4.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
 108 of the executive law, as amended by chapter 141 of the laws of 2019,
 is amended to read as follows:
   (iv) the actual address or addresses that the applicant  requests  not
 be disclosed because of the increased risk of domestic violence, a sexu-
 al  offense,  stalking, [or] physical injury OR IN THE CASE OF REPRODUC-
 TIVE HEALTH CARE SERVICES PROVIDER, EMPLOYEE, VOLUNTEER, PATIENT, OR  AN
 IMMEDIATE FAMILY MEMBER OF A REPRODUCTIVE HEALTH CARE SERVICES PROVIDER,
 OTHER THREATS OF VIOLENCE; and
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.