S T A T E O F N E W Y O R K
________________________________________________________________________
2475
2023-2024 Regular Sessions
I N S E N A T E
January 20, 2023
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Introduced by Sens. HOYLMAN-SIGAL, COONEY, HINCHEY, JACKSON, MAY, RIVERA
-- read twice and ordered printed, and when printed to be committed to
the Committee on Judiciary
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01793-02-3
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PROVIDED THAT NO INFORMATION RELATING TO ANY MEDICAL PROCEDURE PERFORMED
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:
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(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
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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. Section 3436-a of the insurance law, as added by chapter 221 of
the laws of 2022, is amended to read as follows:
§ 3436-a. [1.] Adverse action against legal reproductive health care
OR GENDER AFFIRMING CARE. 1. Every insurer which issues or renews
medical malpractice 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.
2. As used in this section, "adverse action" shall mean but not be
limited to: (a) refusing to renew or execute a contract or agreement
with a health care provider; (b) making a report or commenting to an
appropriate private or governmental entity regarding practices of such
provider which may violate abortion laws in other states; and (c)
increasing in any charge for, or a reduction or other adverse or unfa-
vorable change in the terms of coverage or amount for, any medical malp-
ractice insurance contract or agreement with a health care provider.
§ 12. This act shall take effect immediately.
