S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1709
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of A. REYES, PAULIN -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, the executive law, the civil
   practice law and rules, the insurance law and the  education  law,  in
   relation to legally protected health activity providers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 570.17 of the criminal procedure law, as  added  by
 chapter 219 of the laws of 2022, is amended to read as follows:
 § 570.17 Extradition  [of  abortion  providers]  FOR  LEGALLY  PROTECTED
            HEALTH ACTIVITY.
   [No] 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)   "REPRODUCTIVE  HEALTH  SERVICES"  SHALL  MEAN  AND  INCLUDE  ALL
 SERVICES, CARE, OR PRODUCTS OF A MEDICAL, SURGICAL, PSYCHIATRIC,  THERA-
 PEUTIC,  DIAGNOSTIC,  MENTAL  HEALTH,  BEHAVIORAL  HEALTH, PREVENTATIVE,
 REHABILITATIVE,  SUPPORTIVE,  CONSULTATIVE,  REFERRAL,  PRESCRIBING,  OR
 DISPENSING  NATURE RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED IN
 ACCORDANCE WITH THE CONSTITUTION AND THE LAWS  OF  THIS  STATE,  WHETHER
 PROVIDED  IN  PERSON  OR  BY MEANS OF TELEHEALTH OR TELEHEALTH SERVICES,
 WHICH INCLUDES, BUT IS NOT LIMITED TO, ALL SERVICES, CARE  AND  PRODUCTS
 RELATING TO PREGNANCY, ASSISTED REPRODUCTION, CONTRACEPTION, MISCARRIAGE
 MANAGEMENT  OR  THE  TERMINATION OF A PREGNANCY, AND SELF-MANAGED TERMI-
 NATIONS.
   (B) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL  MEAN  AND  INCLUDE  THE
 FOLLOWING  ACTS AND OMISSIONS BY PROVIDERS AND FACILITATORS OF REPRODUC-
 TIVE HEALTH SERVICES, TO THE EXTENT THEY ARE NOT  IN  VIOLATION  OF  THE
 CONSTITUTION  OR  THE LAWS OF THIS STATE, PROVIDED THAT SUCH PROVIDER IS
 PHYSICALLY PRESENT IN THE STATE:
   (I) THE EXERCISE OR ATTEMPTED EXERCISE BY  ANY  PERSON  OF  RIGHTS  TO
 REPRODUCTIVE  HEALTH  SERVICES AS SECURED BY THE CONSTITUTION OR LAWS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04071-01-3
              

 A. 1709                             2
 
 THIS STATE OR THE PROVISION OF INSURANCE COVERAGE FOR SUCH  SERVICES  OR
 CARE; AND
   (II) ANY ACT OR OMISSION UNDERTAKEN TO AID OR ENCOURAGE, OR ATTEMPT TO
 AID  OR  ENCOURAGE,  ANY PERSON IN THE EXERCISE OR ATTEMPTED EXERCISE OF
 RIGHTS TO REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR
 LAWS OF THIS STATE, OR TO PROVIDE INSURANCE COVERAGE FOR  SUCH  SERVICES
 OR  CARE;  PROVIDED,  HOWEVER,  THAT  THE PROVISION OF SUCH REPRODUCTIVE
 HEALTH SERVICES BY A PERSON DULY LICENSED UNDER THE LAWS OF  THIS  STATE
 AND  PHYSICALLY  PRESENT  IN  THIS  STATE AND THE PROVISION OF INSURANCE
 COVERAGE FOR SUCH SERVICES OR CARE SHALL BE A LEGALLY  PROTECTED  HEALTH
 ACTIVITY  IF  THE  SERVICE  OR  CARE IS PERMITTED UNDER THE LAWS OF THIS
 STATE, REGARDLESS OF THE PATIENT'S LOCATION.
   2. EXCEPT AS REQUIRED BY FEDERAL LAW, NO demand for the extradition of
 a person charged with [providing  an  abortion]  ANY  LEGALLY  PROTECTED
 HEALTH  ACTIVITY,  shall be recognized by the governor unless the execu-
 tive authority of the demanding state shall allege in writing  that  the
 accused was PHYSICALLY present in the demanding state at the time of the
 commission  of  the  alleged  crime, and that thereafter he, she or they
 fled from that state.
   § 2. Subdivision 3-a of section 140.10 of the criminal procedure  law,
 as  added  by  chapter  219  of  the laws of 2022, is amended to read as
 follows:
   3-a. A police officer may not arrest any  person  for  [performing  or
 aiding  in  the performance of an abortion] ANY LEGALLY PROTECTED HEALTH
 ACTIVITY within this state, [or in procuring an abortion in this  state,
 if  the abortion is performed in accordance with the provisions of arti-
 cle twenty-five-A of the public health law or any other  applicable  law
 of this state] AS DEFINED IN SECTION 570.17 OF THIS CHAPTER.
   §  3.  Section  837-w of the executive law, as added by chapter 219 of
 the laws of 2022, is renumbered section 837-x and  amended  to  read  as
 follows:
   § 837-x. Cooperation with certain out-of-state investigations. 1.  FOR
 PURPOSES   OF  THIS  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "REPRODUCTIVE HEALTH SERVICES" SHALL  HAVE  THE  SAME  MEANING  AS
 PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW; AND
   (B) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE THE SAME MEANING AS
 PARAGRAPH (B) OF SUBDIVISION ONE  OF  SECTION  570.17  OF  THE  CRIMINAL
 PROCEDURE LAW.
   2.  No  state or local [law enforcement agency] GOVERNMENT EMPLOYEE OR
 ENTITY OR OTHER PERSON ACTING ON BEHALF OF  STATE  OR  LOCAL  GOVERNMENT
 shall cooperate with or provide information to any individual or out-of-
 state agency or department regarding [the provision of a lawful abortion
 performed]  ANY  LEGALLY  PROTECTED  HEALTH  ACTIVITY  OCCURRING in this
 state, OR OTHERWISE EXPEND OR USE TIME,  MONEYS,  FACILITIES,  PROPERTY,
 EQUIPMENT,  PERSONNEL  OR OTHER RESOURCES IN FURTHERANCE OF ANY INVESTI-
 GATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR
 PROFESSIONAL SANCTIONS UPON A PERSON OR ENTITY FOR ANY LEGALLY PROTECTED
 HEALTH ACTIVITY OCCURRING IN THIS STATE. Nothing in this  section  shall
 prohibit the investigation of any [criminal activity in this state which
 may involve the performance of an abortion] REPRODUCTIVE HEALTH SERVICES
 RENDERED IN VIOLATION OF THE LAWS OF THIS STATE, provided that no infor-
 mation  relating  to any medical procedure performed on a specific indi-
 vidual may be shared with an out-of-state agency or any  other  individ-
 ual.  Nothing  in  this  section shall prohibit compliance with a valid,
 A. 1709                             3
 
 court-issued subpoena or warrant WHICH DOES NOT RELATE TO A LAW  SEEKING
 TO  IMPOSE  CIVIL  OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS FOR A
 LEGALLY PROTECTED HEALTH ACTIVITY, OR IN RESPONSE TO THE WRITTEN REQUEST
 OF  A  PERSON WHO IS THE SUBJECT OF SUCH AN INVESTIGATION OR PROCEEDING,
 TO THE EXTENT NECESSARY, IN EACH CASE, TO FULFILL SUCH REQUEST.
   § 4. Subdivision (g) of section 3119 of the  civil  practice  law  and
 rules,  as  added by chapter 219 of the laws of 2022, is amended to read
 as follows:
   (g)  (1)  Out-of-state  [abortion]   proceedings   REGARDING   LEGALLY
 PROTECTED  HEALTH  ACTIVITIES.  Notwithstanding  any other provisions of
 this section or any other law, no court or county clerk  shall  issue  a
 subpoena  under this section in connection with an out-of-state proceed-
 ing  relating to any [abortion services or procedures] LEGALLY PROTECTED
 HEALTH ACTIVITY which [were legally performed] OCCURRED in  this  state,
 unless  such  out-of-state  proceeding  [(1)]  (I)  sounds  in  tort  or
 contract[, or is based on statute], [(2)]  (II)  is  actionable,  in  an
 equivalent  or  similar  manner, under the laws of this state, and [(3)]
 (III) was brought by the patient who received reproductive  [healthcare]
 HEALTH  SERVICES  AS  DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,  or  the  patient's  legal
 representative, SO LONG AS THE PATIENT GIVES EXPRESS CONSENT.
   (2)  FOR  PURPOSES  OF  THIS SUBDIVISION, THE TERMS "LEGALLY PROTECTED
 HEALTH ACTIVITY" AND "REPRODUCTIVE HEALTH SERVICES" SHALL HAVE THE  SAME
 MEANINGS AS DEFINED IN SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   §  5.  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] LEGALLY PROTECTED HEALTH ACTIVITY,
 AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL PROCEDURE LAW which [were legally performed] OCCURRED  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] HEALTH  SERVICES,  or
 the patient's legal representative.
   §  6.  The  civil  practice  law  and rules is amended by adding a new
 section 4550 to read as follows:
   § 4550. ADMISSIBILITY OF EVIDENCE RELATED TO LEGALLY PROTECTED  HEALTH
 ACTIVITY.    EVIDENCE RELATING TO THE INVOLVEMENT OF A PARTY ENGAGING IN
 ONE OR MORE LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED  IN  PARAGRAPH
 (B)  OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,
 RELATING TO PROVIDING REPRODUCTIVE HEALTH SERVICES TO PERSONS NOT  PHYS-
 ICALLY  PRESENT IN THIS STATE SHALL NOT BE OFFERED AGAINST SUCH PARTY AS
 EVIDENCE THAT SUCH PARTY HAS ENGAGED IN ANY WRONGDOING,  WHETHER  CIVIL,
 A. 1709                             4
 
 CRIMINAL,  PROFESSIONAL,  OR  OTHERWISE  BY VIRTUE OF SUCH RECIPIENTS OF
 SUCH SERVICES NOT BEING PHYSICALLY PRESENT IN  THIS  STATE.  NOTHING  IN
 THIS  SECTION  SHALL  PREVENT  A  PARTY FROM OFFERING SUCH EVIDENCE IN A
 PROCEEDING  THAT  (I) SOUNDS IN TORT OR CONTRACT, (II) IS ACTIONABLE, IN
 AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF THIS STATE, AND (III)
 WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE HEALTH SERVICES, OR
 THE PATIENT'S LEGAL REPRESENTATIVE.
   § 7. 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.  ADVERSE  ACTION AGAINST LEGAL REPRODUCTIVE HEALTH CARE. 1.
 [Adverse action against  legal  reproductive  health  care.]  (A)  Every
 insurer  which issues or renews medical malpractice insurance covering a
 health care provider licensed to practice in  this  state,  WHETHER  THE
 HEALTH CARE PROVIDER IS COVERED BY A PRIMARY, EXCESS OR UMBRELLA LIABIL-
 ITY  POLICY,  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]  PROVIDES
 REPRODUCTIVE HEALTH SERVICES, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
 ONE  OF  SECTION  570.17 OF THE CRIMINAL PROCEDURE LAW, that is legal in
 the state of New York on someone who is from out of the state.
   (B) Such policy  shall  include  health  care  providers  who  legally
 prescribe abortion medication to out-of-state patients by means of tele-
 health.
   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.
   §  8.  Subparagraph  (B)  of paragraph 36 of subsection (i) of section
 3216 of the insurance law, as added by section 1 of part R of chapter 57
 of the laws of 2022, is amended to read as follows:
   (B) Coverage for [abortion] A LEGALLY PROTECTED  HEALTH  ACTIVITY,  AS
 DEFINED  IN  PARAGRAPH  (B)  OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL PROCEDURE LAW, shall not be subject to  annual  deductibles  or
 coinsurance,  including co-payments, unless the policy is a high deduct-
 ible health plan as defined in section 223(c)(2) of the internal revenue
 code of 1986, in which case coverage for abortion may be subject to  the
 plan's annual deductible.
   § 9. 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 as defined in subdivision one of this  section,  OR  ANY
 LEGALLY  PROTECTED HEALTH ACTIVITY AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, 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
 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
 A. 1709                             5
 
 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.
   § 10. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 any other application of  any  provision  of  this  act,  or  any  other
 provision of any law or code amended by this act.
   §  11.  Choice  of laws. This act shall be exclusively governed by and
 construed pursuant to the laws of the state of New York, without  giving
 effect to any choice of law principles thereunder.
   §  12.  This act shall take effect immediately; provided, however, the
 amendments to subparagraph (B) of paragraph  36  of  subsection  (i)  of
 section  3216  of  the  insurance  law made by section eight of this act
 shall take effect on the same date and in the same manner as  section  1
 of part R of chapter 57 of the laws of 2022, takes effect.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1709--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  REYES, PAULIN, OTIS, DINOWITZ, BURGOS, RAGA,
   SHRESTHA,  FORREST,  DICKENS,  O'DONNELL,  LEVENBERG,  SIMON,  ARDILA,
   GONZALEZ-ROJAS,  KELLES,  McDONALD,  CUNNINGHAM,  CARROLL,  SEAWRIGHT,
   FAHY,   SHIMSKY,   GLICK,   GIBBS,   L. ROSENTHAL,   BURDICK,    CRUZ,
   DE LOS SANTOS,  BORES,  HEVESI,  McMAHON,  EPSTEIN,  WALLACE,  LAVINE,
   THIELE, SILLITTI, AUBRY, WEPRIN, CLARK, SEPTIMO, SIMONE,  JACOBSON  --
   read  once  and  referred  to  the  Committee  on  Codes  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, the executive law, the civil
   practice  law  and  rules, the insurance law and the education law, in
   relation to legally protected health activity providers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 570.17 of the criminal procedure law, as amended by
 chapter 101 of the laws of 2023, is amended to read as follows:
 § 570.17 Extradition  [of  abortion  providers]  FOR  LEGALLY  PROTECTED
            HEALTH ACTIVITY.
   [No] 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)   "REPRODUCTIVE  HEALTH  SERVICES"  SHALL  MEAN  AND  INCLUDE  ALL
 SERVICES, CARE, OR PRODUCTS OF A MEDICAL, SURGICAL, PSYCHIATRIC,  THERA-
 PEUTIC,  DIAGNOSTIC,  MENTAL  HEALTH,  BEHAVIORAL  HEALTH, PREVENTATIVE,
 REHABILITATIVE,  SUPPORTIVE,  CONSULTATIVE,  REFERRAL,  PRESCRIBING,  OR
 DISPENSING  NATURE RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED IN
 ACCORDANCE WITH THE CONSTITUTION AND THE LAWS  OF  THIS  STATE,  WHETHER
 PROVIDED  IN  PERSON  OR  BY MEANS OF TELEHEALTH OR TELEHEALTH SERVICES,
 WHICH INCLUDES, BUT IS NOT LIMITED TO, ALL SERVICES, CARE  AND  PRODUCTS
 RELATING TO PREGNANCY, ASSISTED REPRODUCTION, CONTRACEPTION, MISCARRIAGE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04071-09-3
 A. 1709--B                          2
              

 
 MANAGEMENT  OR  THE  TERMINATION OF A PREGNANCY, AND SELF-MANAGED TERMI-
 NATIONS.
   (B)  "LEGALLY  PROTECTED  HEALTH  ACTIVITY" SHALL MEAN AND INCLUDE THE
 FOLLOWING ACTS AND OMISSIONS BY PROVIDERS AND FACILITATORS OF  REPRODUC-
 TIVE  HEALTH  SERVICES,  TO  THE EXTENT THEY ARE NOT IN VIOLATION OF THE
 CONSTITUTION OR THE LAWS OF THIS STATE, PROVIDED THAT SUCH  PROVIDER  IS
 PHYSICALLY PRESENT IN THE STATE:
   (I)  THE  EXERCISE  OR  ATTEMPTED  EXERCISE BY ANY PERSON OF RIGHTS TO
 REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR  LAWS  OF
 THIS  STATE  OR THE PROVISION OF INSURANCE COVERAGE FOR SUCH SERVICES OR
 CARE; AND
   (II) ANY ACT OR OMISSION UNDERTAKEN TO AID OR ENCOURAGE, OR ATTEMPT TO
 AID OR ENCOURAGE, ANY PERSON IN THE EXERCISE OR  ATTEMPTED  EXERCISE  OF
 RIGHTS TO REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR
 LAWS  OF  THIS STATE, OR TO PROVIDE INSURANCE COVERAGE FOR SUCH SERVICES
 OR CARE; PROVIDED, HOWEVER, THAT  THE  PROVISION  OF  SUCH  REPRODUCTIVE
 HEALTH  SERVICES  BY A PERSON DULY LICENSED UNDER THE LAWS OF THIS STATE
 AND PHYSICALLY PRESENT IN THIS STATE  AND  THE  PROVISION  OF  INSURANCE
 COVERAGE  FOR  SUCH SERVICES OR CARE SHALL BE A LEGALLY PROTECTED HEALTH
 ACTIVITY IF THE SERVICE OR CARE IS PERMITTED  UNDER  THE  LAWS  OF  THIS
 STATE, REGARDLESS OF THE PATIENT'S LOCATION.
   2. EXCEPT AS REQUIRED BY FEDERAL LAW, NO demand for the extradition of
 a person subject to criminal liability that is in whole or in part based
 on  the  alleged  provision  or  receipt  of, assistance in provision or
 receipt of, material support for, or any  theory  of  vicarious,  joint,
 several  or  conspiracy liability for [reproductive health care services
 lawfully] ANY LEGALLY PROTECTED HEALTH ACTIVITY 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  PHYS-
 ICALLY  present  in the demanding state at the time of the commission of
 the alleged crime, and that thereafter he, she or they  fled  from  that
 state.
   §  2. Subdivision 3-a of section 140.10 of the criminal procedure law,
 as amended by chapter 101 of the laws of 2023, is  amended  to  read  as
 follows:
   3-a.  A  police  officer  may not arrest any person for [performing or
 aiding in the performance of an abortion] ANY LEGALLY  PROTECTED  HEALTH
 ACTIVITY  within  this  state  [that is performed in accordance with the
 applicable law of this state, for seeking to end, or ending,  or  aiding
 another in ending their pregnancy within this state, or for procuring or
 aiding  in  the procurement of an abortion within this state] AS DEFINED
 IN SECTION 570.17 OF THIS CHAPTER.
   § 3. Section 837-w of the executive law, as amended by chapter 101  of
 the  laws  of  2023,  is renumbered section 837-x and amended to read as
 follows:
   § 837-x. Cooperation with certain out-of-state investigations.  1. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "REPRODUCTIVE  HEALTH  SERVICES"  SHALL  HAVE THE SAME MEANING AS
 PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  570.17  OF  THE  CRIMINAL
 PROCEDURE LAW; AND
   (B) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE THE SAME MEANING AS
 PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   2. No state or local [law enforcement agency] GOVERNMENT  EMPLOYEE  OR
 ENTITY  OR  OTHER  PERSON  ACTING ON BEHALF OF STATE OR LOCAL GOVERNMENT
 A. 1709--B                          3
 
 shall cooperate with or provide information to any individual or out-of-
 state agency or department [related to the performance or aiding in  the
 performance  of  an  abortion  within  this  state  that is performed in
 accordance  with  the  applicable  law of this state, ending, seeking to
 end, or aiding another in ending their pregnancy within this  state,  or
 procuring  or aiding in the procurement of an abortion within] REGARDING
 ANY LEGALLY PROTECTED HEALTH ACTIVITY IN THIS STATE, OR OTHERWISE EXPEND
 OR USE TIME, MONEYS, FACILITIES, PROPERTY, EQUIPMENT, PERSONNEL OR OTHER
 RESOURCES IN FURTHERANCE OF ANY INVESTIGATION OR PROCEEDING  THAT  SEEKS
 TO  IMPOSE  CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS UPON A
 PERSON OR ENTITY FOR ANY LEGALLY PROTECTED HEALTH ACTIVITY OCCURRING  IN
 this  state. Nothing in this section shall prohibit the investigation of
 any [criminal activity in this state which may involve  the  performance
 of  an  abortion]  REPRODUCTIVE HEALTH SERVICES RENDERED IN VIOLATION OF
 THE LAWS OF THIS STATE, 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. Nothing in this  section
 shall prohibit compliance with a valid, court-issued subpoena or warrant
 WHICH  DOES  NOT  RELATE  TO  A  LAW SEEKING TO IMPOSE CIVIL OR CRIMINAL
 LIABILITY OR PROFESSIONAL  SANCTIONS  FOR  A  LEGALLY  PROTECTED  HEALTH
 ACTIVITY,  OR  IN RESPONSE TO THE WRITTEN REQUEST OF A PERSON WHO IS THE
 SUBJECT OF SUCH AN INVESTIGATION OR PROCEEDING, TO THE EXTENT NECESSARY,
 IN EACH CASE, TO FULFILL SUCH REQUEST.
   § 4. Subdivision (g) of section 3119 of the  civil  practice  law  and
 rules,  as  added by chapter 219 of the laws of 2022, is amended to read
 as follows:
   (g)  (1)  Out-of-state  [abortion]   proceedings   REGARDING   LEGALLY
 PROTECTED  HEALTH  ACTIVITIES.  Notwithstanding  any other provisions of
 this section or any other law, no court or county clerk  shall  issue  a
 subpoena  under this section in connection with an out-of-state proceed-
 ing  relating to any [abortion services or procedures] LEGALLY PROTECTED
 HEALTH ACTIVITY which [were legally performed] OCCURRED in  this  state,
 unless  such  out-of-state  proceeding  [(1)]  (I)  sounds  in  tort  or
 contract[, or is based on statute], [(2)]  (II)  is  actionable,  in  an
 equivalent  or  similar  manner, under the laws of this state, and [(3)]
 (III) was brought by the patient who received reproductive  [healthcare]
 HEALTH  SERVICES  AS  DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,  or  the  patient's  legal
 representative, SO LONG AS THE PATIENT GIVES EXPRESS CONSENT.
   (2)  FOR  PURPOSES  OF  THIS SUBDIVISION, THE TERMS "LEGALLY PROTECTED
 HEALTH ACTIVITY" AND "REPRODUCTIVE HEALTH SERVICES" SHALL HAVE THE  SAME
 MEANINGS AS DEFINED IN SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   §  5.  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
 A. 1709--B                          4
 
 this section in connection with an out-of-state proceeding  relating  to
 any [abortion services or procedures] LEGALLY PROTECTED HEALTH ACTIVITY,
 AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL  PROCEDURE  LAW which [were legally performed] OCCURRED 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] HEALTH SERVICES, or
 the patient's legal representative.
   § 6. The civil practice law and rules  is  amended  by  adding  a  new
 section 4550 to read as follows:
   §  4550. ADMISSIBILITY OF EVIDENCE RELATED TO LEGALLY PROTECTED HEALTH
 ACTIVITY.  EVIDENCE RELATING TO THE INVOLVEMENT OF A PARTY  ENGAGING  IN
 ONE  OR  MORE LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE  LAW,
 RELATING  TO PROVIDING REPRODUCTIVE HEALTH SERVICES TO PERSONS NOT PHYS-
 ICALLY PRESENT IN THIS STATE SHALL NOT BE OFFERED AGAINST SUCH PARTY  AS
 EVIDENCE  THAT  SUCH PARTY HAS ENGAGED IN ANY WRONGDOING, WHETHER CIVIL,
 CRIMINAL, PROFESSIONAL, OR OTHERWISE BY VIRTUE  OF  SUCH  RECIPIENTS  OF
 SUCH  SERVICES  NOT  BEING  PHYSICALLY PRESENT IN THIS STATE. NOTHING IN
 THIS SECTION SHALL PREVENT A PARTY FROM  OFFERING  SUCH  EVIDENCE  IN  A
 PROCEEDING  THAT  (I) SOUNDS IN TORT OR CONTRACT, (II) IS ACTIONABLE, IN
 AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF THIS STATE, AND (III)
 WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE HEALTH SERVICES, OR
 THE PATIENT'S LEGAL REPRESENTATIVE.
   § 7. Subsection (a) of section 3436-a of the insurance law, as amended
 by section 4 of part LL of chapter 57 of the laws of 2023, is amended to
 read as follows:
   (a) Every insurer that 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]  ENGAGES  IN LEGALLY
 PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH  (B)  OF  SUBDIVISION
 ONE  OF  SECTION  570.17 OF THE CRIMINAL PROCEDURE LAW, that is legal in
 this state [on] WITH someone who is from out of the  state.  THE  SUPER-
 INTENDENT IS EXPRESSLY AUTHORIZED TO INTERPRET "LEGALLY PROTECTED HEALTH
 ACTIVITY"  AS  IF  SUCH  DEFINITION WAS STATED WITHIN THIS SECTION. Such
 policy shall include  health  care  providers  who  [legally]  prescribe
 abortion medication to out-of-state patients by means of telehealth.
   § 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 as defined in subdivision one of this  section,  OR  ANY
 LEGALLY  PROTECTED HEALTH ACTIVITY AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, 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
 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
 A. 1709--B                          5

 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.
   § 9. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of  this  act,  any
 other  application  of any provision of this act, or any other provision
 of any law or code amended by this act.
   § 10. Choice of laws. This act shall be exclusively  governed  by  and
 construed  pursuant to the laws of the state of New York, without giving
 effect to any choice of law principles thereunder.
   § 11. Conflict of laws. To the extent that any laws in  the  state  of
 New York conflict with this act, this act shall govern.
   § 12. This act shall take effect immediately.