S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6269
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to  providing  an  exception  from  professional  misconduct  for  the
   performance,  recommendation,  or provision of any reproductive health
   services or gender-affirming care by a health care practitioner
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6531-b of the education law, as added by chapter
 220 of the laws of 2022, is amended to read as follows:
   § 6531-b. Exceptions; reproductive health services AND  GENDER-AFFIRM-
 ING CARE. 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)] ALL SERVICES, CARE, OR PRODUCTS OF A medical, surgical, PSYCHI-
 ATRIC,  THERAPEUTIC,  MENTAL  HEALTH,  BEHAVIORAL  HEALTH,   DIAGNOSTIC,
 PREVENTATIVE,  REHABILITATIVE,  SUPPORTIVE,  counseling  [or],  referral
 [services  relating  to  the  human  reproductive  system,   including],
 PRESCRIBING,  OR  DISPENSING  NATURE  RELATING TO THE HUMAN REPRODUCTIVE
 SYSTEM PROVIDED IN ACCORDANCE WITH THE LAWS OF  THIS  STATE,  INCLUDING,
 BUT NOT LIMITED TO, ALL services, CARE AND PRODUCTS relating to pregnan-
 cy,  ASSISTED REPRODUCTION, CONTRACEPTION, MISCARRIAGE MANAGEMENT or the
 termination of a pregnancy, INCLUDING SELF-MANAGED TERMINATIONS.
   (b) "GENDER-AFFIRMING CARE" SHALL MEAN ANY TYPE OF CARE PROVIDED TO AN
 INDIVIDUAL  TO  AFFIRM  THEIR  GENDER  IDENTITY  OR  GENDER  EXPRESSION,
 PROVIDED  THAT SURGICAL INTERVENTIONS ON MINORS WITH VARIATIONS IN THEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08626-02-3
 A. 6269                             2
              

 
 SEX CHARACTERISTICS THAT ARE NOT SOUGHT AND INITIATED BY THE  INDIVIDUAL
 PATIENT ARE NOT GENDER-AFFIRMING CARE.
   (C)  "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 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
 OR  GENDER-AFFIRMING  CARE  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 prac-
 titioner  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  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.
   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. 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 OR GENDER-AF-
 FIRMING CARE 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 OR GENDER-AFFIRMING CARE for a
 patient  who resides in a state wherein the performance, recommendation,
 or provision of any such reproductive health services OR  GENDER-AFFIRM-
 ING  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 otherwise abide  by  all  other  applicable  professional
 requirements.
   §  3.  Section 6505-d of the education law, as added by chapter 220 of
 the laws of 2022, is amended to read as follows:
 A. 6269                             3
 
   § 6505-d. Evaluation of prior disciplinary history  for  authorization
 to  practice.  1.  An  applicant  seeking  licensure,  certification, or
 authorization pursuant to this title who has been subject  to  discipli-
 nary  action  by  a  duly authorized professional disciplinary agency of
 another  jurisdiction  solely  on  the basis of having performed, recom-
 mended, or provided [an abortion pursuant to section twenty-five hundred
 ninety-nine-bb of the public health law,] REPRODUCTIVE  HEALTH  SERVICES
 OR  GENDER-AFFIRMING  CARE  shall  not be denied such licensure, certif-
 ication, 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 applicant
 and  making  a determination to be licensed, certified, or authorized to
 practice a profession under this title.
   2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "REPRODUCTIVE HEALTH SERVICES" SHALL INCLUDE ALL  SERVICES,  CARE,
 OR  PRODUCTS  OF  A  MEDICAL, SURGICAL, PSYCHIATRIC, THERAPEUTIC, MENTAL
 HEALTH, BEHAVIORAL  HEALTH,  DIAGNOSTIC,  PREVENTATIVE,  REHABILITATIVE,
 SUPPORTIVE,  COUNSELING,  REFERRAL,  PRESCRIBING,  OR  DISPENSING NATURE
 RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED  IN  ACCORDANCE  WITH
 THE  LAWS  OF  THIS  STATE, INCLUDING, BUT NOT LIMITED TO, ALL SERVICES,
 CARE AND PRODUCTS RELATING TO PREGNANCY, ASSISTED REPRODUCTION,  CONTRA-
 CEPTION,  MISCARRIAGE  MANAGEMENT  OR  THE  TERMINATION  OF A PREGNANCY,
 INCLUDING SELF-MANAGED TERMINATIONS.
   (B) "GENDER-AFFIRMING CARE" SHALL MEAN ANY TYPE OF CARE PROVIDED TO AN
 INDIVIDUAL  TO  AFFIRM  THEIR  GENDER  IDENTITY  OR  GENDER  EXPRESSION,
 PROVIDED  THAT SURGICAL INTERVENTIONS ON MINORS WITH VARIATIONS IN THEIR
 SEX CHARACTERISTICS THAT ARE NOT SOUGHT AND INITIATED BY THE  INDIVIDUAL
 PATIENT ARE NOT GENDER-AFFIRMING CARE.
   §  4. Subdivision 1 of section 6510 of the education law is amended by
 adding a new paragraph b-1 to read as follows:
   B-1. THE DEPARTMENT SHALL NOT CHARGE A LICENSEE, ACTING  WITHIN  THEIR
 SCOPE  OF  PRACTICE,  WITH  MISCONDUCT  AS DEFINED IN SECTION SIXTY-FIVE
 HUNDRED NINE OF THIS SUBARTICLE, OR CAUSE A COMPLAINT MADE BY ANY PERSON
 TO THE DEPARTMENT TO BE INVESTIGATED BEYOND A  PRELIMINARY  REVIEW  WHEN
 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 NINE-F OF
 THIS  SUBARTICLE  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 OR GENDER-AFFIRMING CARE
 IS ILLEGAL. THE  PRELIMINARY  REVIEW  SHALL  DETERMINE  IF  SUCH  REPORT
 REASONABLY  APPEARS  TO REFLECT CONDUCT WARRANTING FURTHER INVESTIGATION
 PURSUANT TO THIS PARAGRAPH.
   § 5. The education law is amended by adding a new  section  6509-f  to
 read as follows:
   § 6509-F. LIMITED EXEMPTION FROM PROFESSIONAL MISCONDUCT; REPRODUCTIVE
 HEALTH  SERVICES  AND GENDER-AFFIRMING CARE. 1. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "REPRODUCTIVE HEALTH SERVICES" SHALL INCLUDE ALL  SERVICES,  CARE,
 OR  PRODUCTS  OF  A  MEDICAL, SURGICAL, PSYCHIATRIC, THERAPEUTIC, MENTAL
 HEALTH, BEHAVIORAL  HEALTH,  DIAGNOSTIC,  PREVENTATIVE,  REHABILITATIVE,
 SUPPORTIVE,  COUNSELING,  REFERRAL,  PRESCRIBING,  OR  DISPENSING NATURE
 RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED  IN  ACCORDANCE  WITH
 THE  LAWS  OF  THIS  STATE, INCLUDING, BUT NOT LIMITED TO, ALL SERVICES,
 A. 6269                             4
 
 CARE AND PRODUCTS RELATING TO PREGNANCY, ASSISTED REPRODUCTION,  CONTRA-
 CEPTION,  MISCARRIAGE  MANAGEMENT  OR  THE  TERMINATION  OF A PREGNANCY,
 INCLUDING SELF-MANAGED TERMINATIONS.
   (B) "GENDER-AFFIRMING CARE" SHALL MEAN ANY TYPE OF CARE PROVIDED TO AN
 INDIVIDUAL  TO  AFFIRM  THEIR  GENDER  IDENTITY  OR  GENDER  EXPRESSION,
 PROVIDED THAT SURGICAL INTERVENTIONS ON MINORS WITH VARIATIONS IN  THEIR
 SEX  CHARACTERISTICS THAT ARE NOT SOUGHT AND INITIATED BY THE INDIVIDUAL
 PATIENT ARE NOT GENDER-AFFIRMING CARE.
   (C) "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  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
 OR GENDER-AFFIRMING CARE IS ILLEGAL, SHALL NOT,  BY  ITSELF,  CONSTITUTE
 PROFESSIONAL  MISCONDUCT  UNDER  THIS  TITLE,  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 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 OR GENDER-AFFIRMING CARE 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.
   § 6. This act shall take effect immediately.