S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5480
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by  M. of A. BRONSON, SIMON, SIMONE, REYES, HEVESI, SHIMSKY,
   CLARK -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, the education law, the
   public health law, the insurance law, the general  business  law,  the
   criminal  procedure  law, the executive law, the civil rights law, the
   family court act, and the  domestic  relations  law,  in  relation  to
   protecting individuals who provide or receive legally protected health
   activity  from  criminal  or civil liability or professional sanctions
   imposed by jurisdictions outside the  state;  and  to  repeal  certain
   provisions  of the criminal procedure law and the executive law relat-
   ing thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative findings and intent. The legislature declares
 that it is the public policy of New York  state  that  every  individual
 possesses  a  fundamental  right of privacy and equality with respect to
 their personal medical decisions, and should be able to safely  effectu-
 ate  those  decisions,  including  by seeking and obtaining reproductive
 health care or gender-affirming care, free from the threat that they may
 be penalized for such legally protected care.
   The legislature finds and reaffirms that the  state  has  a  paramount
 interest  in  protecting  access  to health care, including reproductive
 health care and gender-affirming health care, as  such  health  care  is
 fundamental  to  each person's exercise of bodily autonomy, dignity, and
 equal citizenship. The state has  enshrined  the  fundamental  right  to
 bodily autonomy and reproductive decision-making in its constitution. It
 has  furthered  codified  in  numerous statutes the principle that every
 individual has the right to privacy and equality with respect  to  their
 personal  medical decisions, including reproductive and gender-affirming
 health care.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00432-02-5
 A. 5480                             2
              

 
   The legislature further finds that, despite the  vital  importance  of
 reproductive  and gender-affirming health care, those who seek, provide,
 or facilitate such health care are facing  an  unprecedented  risk  that
 they  will be targeted or penalized for doing so. The state has a strong
 public  policy  of  promoting access to these vital forms of health care
 for residents and non-residents alike, and  of  maintaining  New  York's
 status  as  a  beacon  of  reproductive freedom, health care access, and
 equality for all.  Efforts  to  penalize  or  restrict  reproductive  or
 gender-affirming care have a chilling effect on access to this important
 health  care for all individuals, and accordingly threaten each person's
 health and bodily autonomy.
   To secure the fundamental right to bodily autonomy and  ensure  access
 to   health  care,  the  legislature  finds  it  is  critical  to  enact
 protections to shield those who seek, provide, or  facilitate  reproduc-
 tive  or gender-affirming health care from efforts to restrict or penal-
 ize them for doing so.
   In order to fully effectuate this purpose, the legislature  finds  and
 affirms  that  this  act's  protections must apply not just to those who
 seek or provide health care, but also to those who facilitate  it,  such
 as  organizations  that  offer  financial  assistance to people in need,
 internet service providers that host websites offering  accurate  health
 information,  or  a  friend  who  drives  their loved one to the clinic.
 Facilitators play an important role in ensuring access to  health  care,
 and  efforts to restrict or penalize them because of their assistance in
 the exercise of these important rights have a chilling effect on  access
 to  care  and  thereby  impinge  upon the fundamental rights to privacy,
 equality, and bodily autonomy.
   § 2. Section 3119 of the civil practice law and  rules,  as  added  by
 chapter  29  of  the laws of 2010, subdivision (g) as amended by chapter
 138 of the laws of 2023, paragraph 1 of subdivision (g)  as  amended  by
 chapter  89 of the laws of 2024, and subdivision (h) as amended by chap-
 ter 101 of the laws of 2024, is amended to read as follows:
   § 3119. Uniform interstate depositions and discovery. (a) Definitions.
 For purposes of this section:
   (1) "Out-of-state subpoena" means a subpoena issued under authority of
 a court of record of a state other than this state.
   (2) "Person" means an individual, corporation, business trust, estate,
 trust,  partnership,  limited  liability  company,  association,   joint
 venture,  public  corporation,  government, or governmental subdivision,
 agency or instrumentality, or any other legal or commercial entity.
   (3) "State" means a state of the United States, the District of Colum-
 bia, Puerto Rico, the United States Virgin Islands, or any territory  or
 insular possession subject to the jurisdiction of the United States.
   (4)  "Subpoena"  means  a  document, however denominated, issued under
 authority of a court of record requiring a person to:
   (i) attend and give testimony at a deposition;
   (ii) produce and permit inspection and copying  of  designated  books,
 documents,  records,  electronically  stored  information,  or  tangible
 things in the possession, custody or control of the person; or
   (iii) permit inspection of premises under the control of the person.
   (5) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE THE SAME MEANING AS
 DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
   (6) "GENDER-AFFIRMING CARE" SHALL HAVE THE SAME MEANING AS DEFINED  BY
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
   (7)  "REPRODUCTIVE HEALTH CARE" SHALL HAVE THE SAME MEANING AS DEFINED
 BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
 A. 5480                             3
 
   (b) Issuance of subpoena. (1) To request issuance of a subpoena  under
 this section, a party must submit an out-of-state subpoena to the county
 clerk in the county in which discovery is sought to be conducted in this
 state.  A request for the issuance of a subpoena under this section does
 not  constitute  an  appearance  in  the  courts of this state EXCEPT AS
 PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH TWO OF THIS SUBDIVISION.
   (2) [When] (I) ANY REQUEST FOR THE ISSUANCE OF A SUBPOENA UNDER  PARA-
 GRAPH  ONE  OF  THIS SUBDIVISION AND ANY SUBPOENA ISSUED UNDER PARAGRAPH
 FIVE OF THIS SUBDIVISION SHALL INCLUDE AN AFFIRMATION UNDER  PENALTY  OF
 PERJURY THAT SUCH SUBPOENA EITHER:
   (A)  IS  NOT  RELATED TO ANY INVESTIGATION OR PROCEEDING THAT SEEKS TO
 IMPOSE CIVIL OR CRIMINAL LIABILITY, PROFESSIONAL SANCTIONS, OR ANY OTHER
 LEGAL CONSEQUENCES UPON A PERSON FOR ANY LEGALLY PROTECTED HEALTH ACTIV-
 ITY; OR
   (B) IS RELATED TO SUCH AN INVESTIGATION OR PROCEEDING, BUT FALLS WITH-
 IN AN EXCEPTION PROVIDED IN SUBPARAGRAPH (I) OF PARAGRAPH ONE OF  SUBDI-
 VISION (G) OF THIS SECTION. SUCH AFFIRMATION SHALL IDENTIFY WHICH EXCEP-
 TION APPLIES TO THE REQUEST.
   (II) A PARTY THAT SUBMITS A FALSE AFFIRMATION PURSUANT TO THIS SECTION
 SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR ANY
 SUIT,  PENALTIES,  OR  DAMAGES  ARISING OUT OF SUCH FALSE AFFIRMATION. A
 COURT SHALL ASSESS A STATUTORY PENALTY OF FIFTEEN THOUSAND  DOLLARS  PER
 VIOLATION  IF  THE  COURT  FINDS  SUCH FALSE AFFIRMATION WAS MADE INTEN-
 TIONALLY, KNOWINGLY, WILLINGLY OR RECKLESSLY. THIS SHALL BE IN  ADDITION
 TO  ANY OTHER LEGAL OR EQUITABLE REMEDY LAWFULLY AVAILABLE. THE ATTORNEY
 GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING FOR DAMAGES  AND/OR
 PENALTIES AGAINST ANY PARTY THAT SUBMITS A FALSE AFFIRMATION PURSUANT TO
 THIS SUBPARAGRAPH.
   (III) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
 PURSUANT TO THIS PARAGRAPH SHALL BE COMMENCED WITHIN SIX YEARS OF EITHER
 (A)  THE  DATE ON WHICH THE INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS
 THAT SUCH FALSE AFFIRMATION ACCOMPANIED WAS FILED WITH THE COUNTY CLERK,
 FOR SUBPOENAS REQUESTED PURSUANT TO PARAGRAPH ONE OF  THIS  SUBDIVISION;
 OR  (B)  THE DATE ON WHICH THE SUBPOENA WAS ISSUED, FOR SUBPOENAS ISSUED
 PURSUANT TO PARAGRAPH FIVE OF THIS SUBDIVISION.
   (3) EXCEPT AS PROVIDED BY SUBDIVISION (G) OF  THIS  SECTION,  a  party
 submits  an  out-of-state  subpoena  to  the county clerk, the clerk, in
 accordance with that court's procedure and subject to the provisions  of
 article  twenty-three  of  this chapter, shall promptly issue a subpoena
 for service upon the  person  to  which  the  out-of-state  subpoena  is
 directed.
   [(3)]  (4)  A subpoena under paragraph [two] THREE of this subdivision
 must:
   (i) incorporate the terms used in the out-of-state subpoena; [and]
   (ii) contain or be accompanied by the names, addresses  and  telephone
 numbers of all counsel of record in the proceeding to which the subpoena
 relates and of any party not represented by counsel; AND
   (III) INCLUDE THE AFFIRMATION REQUIRED BY PARAGRAPH TWO OF THIS SUBDI-
 VISION.
   [(4)]  (5)  Notwithstanding  paragraph  one  of  this subdivision, AND
 EXCEPT AS PROVIDED BY SUBDIVISION (G) OF THIS SECTION, if a party to  an
 out-of-state proceeding retains an attorney licensed to practice in this
 state,  and  that  attorney  receives  the original or a true copy of an
 out-of-state subpoena, the attorney may  issue  a  subpoena  under  this
 section.
 A. 5480                             4
 
   (c)  Service of subpoena. A subpoena issued under this section must be
 served in compliance with sections two thousand three  hundred  two  and
 two thousand three hundred three of this chapter.
   (d) Deposition, production and inspection. Sections two thousand three
 hundred  three,  two  thousand  three  hundred  five, two thousand three
 hundred six, two  thousand  three  hundred  seven,  two  thousand  three
 hundred  eight and this article apply to subpoenas issued under subdivi-
 sion (b) of this section.
   (e) Application to court. An application to the court for a protective
 order or to enforce, quash, or  modify  a  subpoena  issued  under  this
 section  must  comply  with  the  rules or statutes of this state and be
 submitted to the court in  the  county  in  which  discovery  is  to  be
 conducted.
   (f)  Uniformity  of  application  and  construction.  [In]  EXCEPT  AS
 PROVIDED IN SUBDIVISION (G) OF THIS SECTION, IN applying and  construct-
 ing  this  uniform  act,  consideration  shall  be  given to the need to
 promote uniformity of the law with respect to its subject  matter  among
 states that enact it.
   (g)  [(1)]  (I)  Out-of-state  proceedings regarding legally protected
 health activities. Notwithstanding any other provisions of this  section
 or  any  other law, no court [or], county clerk, OR ATTORNEY LICENSED TO
 PRACTICE IN THIS STATE shall issue a  subpoena  under  this  section  in
 connection  with  an  out-of-state  proceeding  relating  to any legally
 protected health activity [which occurred in this state], unless:
   (II)  such  out-of-state  proceeding  [(i)]  (A)  sounds  in  tort  or
 contract,  [(ii)] (B) is actionable, in an equivalent or similar manner,
 under the laws of this  state,  and  [(iii)]  (C)  was  brought  by  the
 [patient]  PERSON  who received reproductive health [services as defined
 in paragraph (a) of subdivision one of section 570.17  of  the  criminal
 procedure  law]  CARE  OR  GENDER-AFFIRMING  CARE,  or  the  [patient's]
 PERSON'S legal representative, so long as  the  [patient]  PERSON  gives
 express  consent unless express consent is not feasible due to [patient]
 THEIR injury or death; AND
   (III) THE SUBPOENA IS ACCOMPANIED BY  AN  AFFIRMATION  COMPLIANT  WITH
 PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION.
   [(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.
   (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, as defined in paragraph (c) of subdi-
 vision one of section sixty-five hundred thirty-one-b of  the  education
 law, which was legally performed, sought, received, or supported 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 the gender-affirming care, or the  patient's  legal
 representative.]
   §  3.  Subdivision  (e)  of section 3102 of the civil practice law and
 rules, as separately amended by chapter 138 of  the  laws  of  2023  and
 chapter  101  of  the  laws  of  2024, is amended and subdivision (f) is
 relettered subdivision (g) and a new subdivision (f) is added to read as
 follows:
 A. 5480                             5
 
   (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]  SUCH  WITNESS  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]
 SHALL  be  issued  under this section in connection with an out-of-state
 proceeding relating to any legally protected health activity, as defined
 in [paragraph (b) of subdivision one of] section 570.17 of the  criminal
 procedure  law [or gender-affirming care, as defined in paragraph (c) of
 subdivision one of section  sixty-five    hundred  thirty-one-b  of  the
 education law, which occurred in this state], unless:
   (1) such out-of-state proceeding [(1)] (I) sounds in tort or contract,
 [(2)]  (II) is actionable, in an equivalent or similar manner, under the
 laws of this state, and [(3)] (III) was brought by the [patient]  PERSON
 who  received  reproductive  health  [services] CARE or gender-affirming
 care, AS SUCH TERMS ARE DEFINED IN SECTION 570.17 OF THE CRIMINAL PROCE-
 DURE LAW, or the [patient's] PERSON'S legal representative IN  A  MANNER
 CONSISTENT  WITH  SUBDIVISION  (G) OF SECTION THREE THOUSAND ONE HUNDRED
 NINETEEN OF THIS ARTICLE; AND
   (2) THE PETITION FOR SUCH AN ORDER IS ACCOMPANIED  BY  AN  AFFIRMATION
 COMPLIANT WITH SUBDIVISION (F) OF THIS SECTION.
   (F)  (1)  ANY PETITION FOR SUCH AN ORDER BROUGHT UNDER SUBDIVISION (E)
 OF THIS SECTION SHALL INCLUDE AN AFFIRMATION UNDER  PENALTY  OF  PERJURY
 THAT THE DISCOVERY EITHER:
   (I)  IS NOT RELATED TO, AND THAT ANY INFORMATION OBTAINED SHALL NOT BE
 USED IN, ANY INVESTIGATION OR PROCEEDING THAT SEEKS TO IMPOSE  CIVIL  OR
 CRIMINAL  LIABILITY,  PROFESSIONAL  SANCTIONS, OR ANY OTHER LEGAL CONSE-
 QUENCES UPON A PERSON FOR ANY LEGALLY PROTECTED HEALTH ACTIVITY; OR
   (II) IS RELATED TO SUCH AN  INVESTIGATION  OR  PROCEEDING,  BUT  FALLS
 WITHIN  AN  EXCEPTION  PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH ONE OF
 SUBDIVISION (G) OF SECTION THREE THOUSAND ONE HUNDRED NINETEEN  OF  THIS
 ARTICLE.  SUCH AFFIRMATION SHALL IDENTIFY WHICH EXCEPTION APPLIES TO THE
 REQUEST.
   (2) A PARTY THAT SUBMITS A FALSE AFFIRMATION PURSUANT TO THIS  SECTION
 SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR ANY
 SUIT,  PENALTIES,  OR  DAMAGES  ARISING  OUT OF THE FALSE AFFIRMATION. A
 COURT SHALL ASSESS A STATUTORY PENALTY OF FIFTEEN THOUSAND  DOLLARS  PER
 VIOLATION  IF  THE  COURT  FINDS  THE  FALSE AFFIRMATION WAS MADE INTEN-
 TIONALLY, KNOWINGLY, WILLINGLY OR RECKLESSLY. THIS SHALL BE IN  ADDITION
 TO  ANY OTHER LEGAL OR EQUITABLE REMEDY LAWFULLY AVAILABLE. THE ATTORNEY
 GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING FOR DAMAGES  AND/OR
 PENALTIES AGAINST ANY PARTY THAT SUBMITS A FALSE AFFIRMATION PURSUANT TO
 THIS  SECTION.  ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY
 GENERAL PURSUANT TO THIS SECTION SHALL BE COMMENCED WITHIN SIX YEARS  OF
 THE  DATE ON WHICH THE INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS THAT
 SUCH FALSE AFFIRMATION ACCOMPANIED WAS FILED WITH THE SUPREME  COURT  OR
 COUNTY COURT.
   § 4. Section 6505-d of the education law, as amended by chapter 101 of
 the laws of 2024, is amended to read as follows:
   §  6505-d.  Evaluation of prior disciplinary history for authorization
 to practice. An applicant seeking licensure, certification, or  authori-
 A. 5480                             6
 
 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,  as  defined
 in  paragraph (c) of subdivision one of section sixty-five hundred thir-
 ty-one-b of the education  law]  ENGAGED  IN  LEGALLY  PROTECTED  HEALTH
 ACTIVITY,  AS  DEFINED  BY SECTION 570.17 OF THE CRIMINAL PROCEDURE 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 eval-
 uating  the  conduct  of such applicant and making a determination to be
 licensed, certified, or authorized to practice a profession  under  this
 title.
   §  5. Subdivision 1 of section 6510 of the education law is amended by
 adding a new paragraph b-1 to read as follows:
   B-1. LEGALLY PROTECTED HEALTH ACTIVITIES.  THE  DEPARTMENT  SHALL  NOT
 CHARGE  A  LICENSEE, ACTING WITHIN THEIR SCOPE OF PRACTICE, WITH PROFES-
 SIONAL 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, SOLELY ON THE BASIS THAT
 SUCH LICENSEE ENGAGED IN LEGALLY PROTECTED HEALTH ACTIVITY,  AS  DEFINED
 BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW. SUCH PRELIMINARY REVIEW
 SHALL  DETERMINE  IF  SUCH  REPORT REASONABLY APPEARS TO REFLECT CONDUCT
 WARRANTING FURTHER INVESTIGATION PURSUANT TO THIS PARAGRAPH.
   § 6. Subdivisions 1 and 2 of section  6531-b  of  the  education  law,
 subdivision 1 as added by chapter 220 of the laws of 2022, paragraph (c)
 of subdivision 1 as added by chapter 143 of the laws of 2023, and subdi-
 vision  2  as  separately amended by chapters 138 and 143 of the laws of
 2023, are amended to read as follows:
   1. As used in this section, the following terms shall have the follow-
 ing meanings:
   (a) "Reproductive health [services] CARE" shall MEAN AND 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] ALL SERVICES, CARE, OR PRODUCTS OF A
 MEDICAL, SURGICAL, PSYCHIATRIC, THERAPEUTIC, DIAGNOSTIC, MENTAL  HEALTH,
 BEHAVIORAL  HEALTH,  PREVENTATIVE, REHABILITATIVE, SUPPORTIVE, CONSULTA-
 TIVE, 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  REPROD-
 UCTION, CONTRACEPTION, MISCARRIAGE MANAGEMENT OR ABORTION, INCLUDING BUT
 NOT LIMITED TO CARE AN INDIVIDUAL PROVIDES TO THEMSELF.
   (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.
   (c)  "Gender-affirming  care"  means  any  type of care provided to an
 individual to affirm their gender identity or gender expression, INCLUD-
 ING BUT NOT LIMITED TO CARE AN INDIVIDUAL PROVIDES TO THEMSELF; provided
 A. 5480                             7
 
 that surgical interventions on minors with variations in their sex char-
 acteristics that are not sought and initiated by the individual  patient
 are not gender-affirming care.
   2.  [The performance, recommendation, or provision of any reproductive
 health services or gender-affirming care, as defined in subdivision  one
 of  this  section,  or  any]  ANY  legally protected health activity, as
 defined [in paragraph (b) of subdivision one of] BY  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 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  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  repro-
 ductive  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  ille-
 gal] ENGAGED IN LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION
 570.17 OF THE CRIMINAL PROCEDURE LAW.
   §  7.  The  education law is amended by adding a new section 6509-f to
 read as follows:
   § 6509-F. LIMITED  EXEMPTION  FROM  PROFESSIONAL  MISCONDUCT;  LEGALLY
 PROTECTED  HEALTH ACTIVITY. 1. AS USED IN THIS SECTION, THE TERM "HEALTH
 CARE PRACTITIONER" MEANS A PERSON WHO IS LICENSED, CERTIFIED, OR AUTHOR-
 IZED UNDER THIS TITLE AND ACTING WITHIN THEIR LAWFUL SCOPE  OF  PRACTICE
 AND  INCLUDES,  BUT  IS  NOT  LIMITED TO PERSONS SUBJECT TO ARTICLES ONE
 HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B,  ONE  HUNDRED  THIRTY-SIX,
 ONE  HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-SEVEN-A, ONE HUNDRED THIR-
 TY-NINE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-THREE, ONE HUNDRED  FIFTY-
 FOUR,  ONE  HUNDRED  FIFTY-SIX,  ONE  HUNDRED FIFTY-NINE, OR ONE HUNDRED
 SIXTY-THREE OF THIS TITLE OR ANY OTHER PERSON  DESIGNATED  AS  A  HEALTH
 CARE PRACTITIONER BY LAW, RULE, OR REGULATION.
   2. ANY LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17
 OF  THE  CRIMINAL  PROCEDURE  LAW,  BY A HEALTH CARE PRACTITIONER ACTING
 WITHIN THEIR SCOPE OF PRACTICE, SHALL NOT, BY ITSELF, CONSTITUTE PROFES-
 SIONAL MISCONDUCT UNDER THIS TITLE, OR ANY OTHER LAW, RULE OR REGULATION
 GOVERNING THE LICENSURE, CERTIFICATION, OR AUTHORIZATION OF SUCH PRACTI-
 TIONER, NOR SHALL ANY LICENSE,  CERTIFICATION,  OR  AUTHORIZATION  OF  A
 HEALTH  CARE  PRACTITIONER BE REVOKED, SUSPENDED, OR ANNULLED, OR OTHER-
 WISE SUBJECT TO ANY OTHER PENALTY OR DISCIPLINE PROVIDED IN  THE  PUBLIC
 HEALTH LAW OR THIS TITLE SOLELY ON THE BASIS THAT SUCH HEALTH CARE PRAC-
 TITIONER ENGAGED IN LEGALLY PROTECTED HEALTH ACTIVITY.
   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.
   §  8.  Subdivision  9-c  of  section  230 of the public health law, as
 amended by chapter 143 of the laws of 2023, paragraph (a) as amended  by
 chapter 101 of the laws of 2024, 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
 A. 5480                             8
 
 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  perform-
 ance,  recommendation,  or provision of any reproductive health services
 as defined in section sixty-five hundred thirty-one-b of  the  education
 law,  or  gender-affirming care, as defined in paragraph (c) of subdivi-
 sion one of 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 or gender-affirming care is ille-
 gal] ANY LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17
 OF THE CRIMINAL PROCEDURE LAW.
   (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,]  ENGAGES  IN  LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY
 SECTION 570.17 OF THE CRIMINAL PROCEDURE  LAW,  SUCH  LEGALLY  PROTECTED
 ACTIVITY  shall  not, by itself, constitute professional misconduct. The
 licensee shall otherwise abide  by  all  other  applicable  professional
 requirements.
   §  9.  Subsection (a) of section 3436-a of the insurance law, as sepa-
 rately amended by chapter 138 of the laws of 2023 and chapter 101 of the
 laws of 2024, is amended and two new subsections (e) and (f) are amended
 to read as follows:
   (a) Every insurer that issues or renews medical malpractice  insurance
 OR  PROFESSIONAL  LIABILITY  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 engages in legally protected  health  activity,
 as defined [in paragraph (b) of subdivision one of] BY section 570.17 of
 the  criminal  procedure  law[,  or gender-affirming care, as defined in
 paragraph (c) of subdivision one of section sixty-five  hundred  thirty-
 one-b of the education law, that is legal in this state with someone who
 is from out of the state]. The superintendent 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 prescribe abortion medication to out-of-state patients by
 means of telehealth.
   (E) AS USED IN THIS SECTION, "PROFESSIONAL LIABILITY INSURANCE"  SHALL
 MEAN INSURANCE AGAINST LEGAL LIABILITY OF THE INSURED, AND AGAINST LOSS,
 DAMAGE,  OR EXPENSE INCIDENT TO A CLAIM OF SUCH LIABILITY ARISING OUT OF
 THE DEATH OR INJURY OF ANY PERSON DUE TO  MEDICAL,  PSYCHIATRIC,  MENTAL
 HEALTH,  OR OTHER MALPRACTICE BY ANY LICENSED PHYSICIAN ASSISTANT, PHYS-
 ICAL THERAPIST, PHYSICAL  THERAPIST  ASSISTANT,  PHARMACIST,  REGISTERED
 PHARMACY  TECHNICIAN,  NURSE, PSYCHOLOGIST, PSYCHIATRIST, SOCIAL WORKER,
 OCCUPATIONAL THERAPIST, SPEECH-LANGUAGE PATHOLOGIST,  OR  MENTAL  HEALTH
 PRACTITIONER.
 A. 5480                             9

   (F)  AS  USED  IN  THIS  SECTION,  "HEALTH CARE PROVIDER" SHALL MEAN A
 PERSON WHO IS LICENSED, CERTIFIED, OR AUTHORIZED UNDER  TITLE  EIGHT  OF
 THE  EDUCATION  LAW AND ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE AND
 INCLUDES, BUT IS NOT LIMITED TO PERSONS SUBJECT TO ARTICLES ONE  HUNDRED
 THIRTY-ONE,  ONE  HUNDRED  THIRTY-ONE-B,  ONE  HUNDRED  THIRTY-SIX,  ONE
 HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-SEVEN-A,  ONE  HUNDRED  THIRTY-
 NINE,  ONE  HUNDRED  FORTY,  ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-
 FOUR, ONE HUNDRED FIFTY-SIX, ONE  HUNDRED  FIFTY-NINE,  OR  ONE  HUNDRED
 SIXTY-THREE  OF  THE  EDUCATION  LAW OR ANY OTHER PERSON DESIGNATED AS A
 HEALTH CARE PROVIDER BY LAW, RULE, OR REGULATION.
   § 10. The general business law is amended  by  adding  a  new  section
 394-i to read as follows:
   §  394-I.  LEGALLY PROTECTED HEALTH ACTIVITIES. 1. FOR THE PURPOSES OF
 THIS SECTION, THE TERM "LEGALLY PROTECTED HEALTH  ACTIVITY"  SHALL  HAVE
 THE  SAME MEANING AS DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE
 LAW.
   2. NO PERSON OR ENTITY THAT IS LOCATED, HEADQUARTERED, OR INCORPORATED
 IN NEW YORK STATE AND RECEIVES, IS SERVED  WITH,  OR  IS  SUBJECT  TO  A
 CIVIL,  CRIMINAL,  OR  REGULATORY  INQUIRY,  INVESTIGATION, SUBPOENA, OR
 SUMMONS FOR INFORMATION  REGARDING  LEGALLY  PROTECTED  HEALTH  ACTIVITY
 SHALL  COMPLY  WITH  OR PROVIDE INFORMATION IN RESPONSE TO SUCH INQUIRY,
 INVESTIGATION, SUBPOENA, OR SUMMONS UNLESS:
   (A) SUCH INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS CONTAINS  OR  IS
 ACCOMPANIED  BY  AN  AFFIRMATION UNDER PENALTY OF PERJURY ATTESTING THAT
 EITHER:
   (I) IT IS NOT RELATED TO, AND THAT ANY INFORMATION OBTAINED SHALL  NOT
 BE  USED  IN, ANY INVESTIGATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL
 OR CRIMINAL LIABILITY, PROFESSIONAL SANCTIONS, OR ANY OTHER LEGAL CONSE-
 QUENCES UPON A PERSON OR ENTITY FOR ANY LEGALLY PROTECTED HEALTH  ACTIV-
 ITY; OR
   (II)  IT  IS RELATED TO SUCH AN INVESTIGATION OR PROCEEDING, BUT FALLS
 WITHIN AN EXCEPTION PROVIDED IN SUBPARAGRAPH (I)  OF  PARAGRAPH  ONE  OF
 SUBDIVISION  (G)  OF  SECTION THREE THOUSAND ONE HUNDRED NINETEEN OF THE
 CIVIL PRACTICE LAW AND RULES, AND IDENTIFIES WHICH EXCEPTION APPLIES  TO
 THE INFORMATION REQUEST;
   (B)  THE PERSON OR ENTITY RECEIVING OR SUBJECT TO SUCH INQUIRY, INVES-
 TIGATION, SUBPOENA, OR SUMMONS REGARDING LEGALLY PROTECTED HEALTH ACTIV-
 ITY HAS:
   (I) NOTIFIED THE ATTORNEY GENERAL WITHIN SEVENTY-TWO HOURS OF  RECEIV-
 ING SUCH INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS; INDICATED IN SUCH
 NOTICE  WHETHER  SUCH  PERSON  OR  ENTITY  INTENDS  TO  COMPLY WITH SUCH
 INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS; PROVIDED A  COPY  OF  SUCH
 INQUIRY,  INVESTIGATION,  SUBPOENA, OR SUMMONS AND ANY RELATED MATERIALS
 TO THE ATTORNEY GENERAL; AND
   (II) MADE REASONABLE ATTEMPTS TO NOTIFY THE INDIVIDUAL OR  INDIVIDUALS
 WHO  PROVIDED,  SOUGHT,  RECEIVED,  FACILITATED, OR OTHERWISE ENGAGED IN
 SUCH LEGALLY PROTECTED HEALTH ACTIVITY TO WHICH SUCH  INQUIRY,  INVESTI-
 GATION,  SUBPOENA,  OR  SUMMONS  PERTAINS  AT LEAST THIRTY DAYS PRIOR TO
 PROVIDING ANY RESPONSIVE INFORMATION,  UNLESS  OTHERWISE  ORDERED  BY  A
 COURT OF COMPETENT JURISDICTION; AND
   (C)  A  MINIMUM  OF THIRTY DAYS HAS PASSED SINCE SUCH PERSON OR ENTITY
 NOTIFIED THE ATTORNEY GENERAL OF SUCH INQUIRY, INVESTIGATION,  SUBPOENA,
 OR SUMMONS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   3.  A PERSON OR ENTITY WHO SUBMITS A FALSE AFFIRMATION IN VIOLATION OF
 SUBDIVISION TWO OF THIS SECTION SHALL BE SUBJECT TO THE JURISDICTION  OF
 A. 5480                            10

 THE COURTS OF THIS STATE FOR ANY SUIT, PENALTIES, OR DAMAGES ARISING OUT
 OF SUCH FALSE AFFIRMATION.
   (A)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
 FOR DAMAGES AND/OR PENALTIES AGAINST ANY PERSON OR ENTITY THAT SUBMITS A
 FALSE AFFIRMATION IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION.
   (I) THE COURTS OF THIS STATE  SHALL  ASSESS  A  STATUTORY  PENALTY  OF
 FIFTEEN  THOUSAND  DOLLARS  PER  VIOLATION  AGAINST ANY PERSON OR ENTITY
 FOUND TO HAVE INTENTIONALLY, KNOWINGLY, WILLINGLY, OR RECKLESSLY SUBMIT-
 TED A FALSE AFFIRMATION. THIS SHALL BE IN ADDITION TO ANY OTHER LEGAL OR
 EQUITABLE REMEDY LAWFULLY AVAILABLE.
   (II) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY  GENERAL
 PURSUANT TO THIS SECTION SHALL BE COMMENCED WITHIN SIX YEARS OF THE DATE
 ON  WHICH  THE ATTORNEY GENERAL RECEIVED NOTICE OF THE INQUIRY, INVESTI-
 GATION, SUBPOENA, OR SUMMONS THAT SUCH FALSE AFFIRMATION ACCOMPANIED.
   4. THE ATTORNEY GENERAL OF  THIS  STATE  MAY  COMMENCE  AN  ACTION  OR
 SPECIAL  PROCEEDING TO ENFORCE THE PROVISIONS OF THIS SECTION, INCLUDING
 BUT NOT LIMITED TO AN APPLICATION OR MOTION FOR AN ORDER ENJOINING ONGO-
 ING OR FUTURE VIOLATIONS OF THIS SECTION. THE ATTORNEY GENERAL SHALL NOT
 COMMENCE SUCH AN ACTION  UNLESS  THE  ATTORNEY  GENERAL  HAS  REASON  TO
 BELIEVE  THE  DEFENDANT  OR RESPONDENT INTENDS TO COMPLY OR HAS COMPLIED
 WITH AN INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS  REGARDING  LEGALLY
 PROTECTED HEALTH ACTIVITY.
   (A)  ANY  ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
 PURSUANT TO THIS SECTION SHALL BE COMMENCED WITHIN SIX YEARS OF THE DATE
 ON WHICH THE ATTORNEY GENERAL RECEIVED NOTICE OF THE  INQUIRY,  INVESTI-
 GATION, SUBPOENA, OR SUMMONS AT ISSUE.
   (B) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE ATTORNEY GENER-
 AL MAY SEEK ALL AVAILABLE LEGAL AND EQUITABLE REMEDIES.
   (C)  THE  COURTS  OF  THIS  STATE  SHALL ASSESS A STATUTORY PENALTY OF
 FIFTEEN THOUSAND DOLLARS PER VIOLATION  AGAINST  ANY  PERSON  OR  ENTITY
 FOUND   TO  HAVE  INTENTIONALLY,  KNOWINGLY,  WILLINGLY,  OR  RECKLESSLY
 COMPLIED WITH AN INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS  REGARDING
 LEGALLY  PROTECTED  HEALTH  ACTIVITY  IN VIOLATION OF THIS SECTION. THIS
 SHALL BE IN ADDITION TO ANY OTHER LEGAL  OR  EQUITABLE  REMEDY  LAWFULLY
 AVAILABLE.
   5.  ANY  PERSON  OR ENTITY THAT IS LOCATED, HEADQUARTERED, OR INCORPO-
 RATED IN NEW YORK STATE AND RECEIVES, IS SERVED WITH, OR IS SUBJECT TO A
 CIVIL, CRIMINAL, OR  REGULATORY  INQUIRY,  INVESTIGATION,  SUBPOENA,  OR
 SUMMONS  FOR INFORMATION REGARDING LEGALLY PROTECTED HEALTH ACTIVITY MAY
 INSTITUTE A CIVIL ACTION TO OBTAIN DECLARATORY  RELIEF,  OR  SUCH  OTHER
 RELIEF  DEEMED  NECESSARY  AND  PROPER  BY  THE COURT, STATING THAT THIS
 SECTION PROHIBITS THEIR  COMPLIANCE  WITH  THE  INQUIRY,  INVESTIGATION,
 SUBPOENA, OR SUMMONS.
   (A)  AT  OR  BEFORE THE COMMENCEMENT OF ANY ACTION UNDER THIS SECTION,
 NOTICE THEREOF AND A COPY OF THE COMMENCING DOCUMENT AND ALL  SUPPORTING
 DOCUMENTS SHALL BE SERVED UPON THE ATTORNEY GENERAL.
   (B) THE ATTORNEY GENERAL IS AUTHORIZED TO INTERVENE IN ANY SUCH ACTION
 UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  IF  THE  PERSON OR ENTITY INITIATING AN ACTION BROUGHT UNDER THIS
 SECTION PREVAILS IN SUCH ACTION, THE COURT SHALL AWARD REASONABLE  COSTS
 AND ATTORNEY'S FEES.
   (D)  ANY  ACTION  BROUGHT  PURSUANT TO THIS SECTION SHALL BE COMMENCED
 WITHIN ONE YEAR OF THE DATE ON WHICH THE INQUIRY, INVESTIGATION, SUBPOE-
 NA, OR SUMMONS AT ISSUE WAS RECEIVED OR SERVED, WHICHEVER IS LATER.
   6. ANY PERSON OR ENTITY THAT ISSUES OR CAUSES TO BE  ISSUED  A  CIVIL,
 CRIMINAL,  OR REGULATORY INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS TO
 A. 5480                            11
 
 A PERSON OR ENTITY LOCATED, HEADQUARTERED, OR INCORPORATED IN  NEW  YORK
 STATE  SHALL  BE SUBJECT TO THE JURISDICTION OF THE COURTS OF THIS STATE
 FOR ANY ACTION, SUIT, PENALTIES, OR DAMAGES ARISING OUT OF THIS SECTION.
   7.  WHERE  COMPLIANCE WITH THIS SECTION DELAYS OR PROHIBITS A PERSON'S
 OR ENTITY'S RESPONSE TO A SUBPOENA, SUCH PERSON OR ENTITY SHALL  NOT  BE
 HELD  IN  CONTEMPT  OR  OTHERWISE  SUBJECT  TO  LEGAL CONSEQUENCES UNDER
 SECTION TWO THOUSAND THREE HUNDRED EIGHT OF THE CIVIL PRACTICE  LAW  AND
 RULES  OR  ANY  OTHER LAW OF THIS STATE FOR THEIR DELAY IN RESPONDING OR
 FAILURE TO RESPOND.
   8. NOTHING IN THIS SECTION SHALL PROHIBIT  THE  INVESTIGATION  OF  ANY
 ACTIVITY  WHICH  WOULD  VIOLATE THE LAWS OF THIS STATE, PROVIDED THAT NO
 INFORMATION RELATING TO ANY MEDICAL CARE PROVIDED TO A SPECIFIC INDIVID-
 UAL SHALL BE SHARED WITH AN AGENCY OUTSIDE NEW YORK STATE OR  ANY  OTHER
 INDIVIDUAL.  NOTHING  IN  THIS  SECTION SHALL PROHIBIT COMPLIANCE WITH A
 VALID, COURT-ISSUED SUBPOENA OR WARRANT WHICH DOES NOT VIOLATE  SUBDIVI-
 SION  TWO  OF  THIS  SECTION, OR IN RESPONSE TO THE WRITTEN REQUEST OF A
 PERSON OR ENTITY THAT  IS  THE  SUBJECT  OF  SUCH  AN  INVESTIGATION  OR
 PROCEEDING  OR  SUCH  PERSON'S  OR ENTITY'S AUTHORIZED REPRESENTATIVE AS
 PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH (A)  OF  SUBDIVISION  TWO  OF
 THIS  SECTION,  TO  THE  EXTENT NECESSARY, IN EACH CASE, TO FULFILL SUCH
 REQUEST.
   9. NOTHING IN THIS SECTION SHALL PROHIBIT DISCLOSURE  OF  DEIDENTIFIED
 INFORMATION  IN  COMPLIANCE  WITH  FEDERAL GRANT REPORTING REQUIREMENTS;
 OBLIGATORY FEDERAL INVESTIGATIVE DEMANDS, INCLUDING BUT NOT  LIMITED  TO
 SUBPOENAS,  SUMMONSES, AND AUDITS; OR OTHER REPORTING REQUIREMENTS UNDER
 FEDERAL LAW.
   10. THIS SECTION SHALL NOT BE CONSTRUED TO ALLOW FOR THE PROVISION  OF
 ANY  INFORMATION  TO  ANY INDIVIDUAL OR ANY AGENCY OR DEPARTMENT OUTSIDE
 NEW YORK STATE WHICH WOULD NOT OTHERWISE BE AVAILABLE UNDER STATE LAW.
   § 11. Section 570.19 of the criminal procedure law is REPEALED.
   § 12. Subdivision 3-b of section 140.10 of the criminal procedure  law
 is REPEALED.
   § 13. Subdivision 3-a of section 140.10 of the criminal procedure law,
 as  amended  by  chapter  138 of the laws of 2023, is amended to read as
 follows:
   3-a. A police officer [may] SHALL not arrest any person for any legal-
 ly protected health activity [within this state] as defined  in  section
 570.17 of this chapter.
   § 14. Section 837-x of the executive law, as amended by chapter 138 of
 the  laws of 2023 and subdivision 2 as amended by chapter 89 of the laws
 of 2024, is 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] CARE" shall have the same meaning
 as [paragraph (a) of subdivision one of] DEFINED BY  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] DEFINED BY section 570.17 of the
 criminal procedure law; AND
   (C) "GENDER-AFFIRMING CARE" SHALL HAVE THE SAME MEANING AS DEFINED  BY
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
   2. (a) No state or local government employee or entity or other person
 acting  on  behalf  of state or local government shall cooperate with or
 provide information to any out-of-state individual or out-of-state agen-
 cy or department regarding any legally  protected  health  activity  [in
 A. 5480                            12

 this  state], or otherwise expend or use time, moneys, facilities, prop-
 erty, equipment, personnel or other  resources  in  furtherance  of  any
 investigation  or  proceeding  that  seeks  to  impose civil or criminal
 liability  [or], professional sanctions, OR ANY OTHER LEGAL CONSEQUENCES
 upon a person or  entity  for  any  legally  protected  health  activity
 [occurring  in  this  state]; except that the commissioner of health may
 share deidentified information as strictly necessary  to  respond  to  a
 public  health  emergency  or an imminent threat to public health, or to
 consult and cooperate with  the  appropriate  agencies  of  the  federal
 government  or of other states in accordance with the functions, powers,
 and duties of the department as outlined under section two  hundred  one
 of  the  public health law, and may share identified information in such
 circumstances only when strictly necessary and with the consent  of  the
 [patient]  PERSON.    For purposes of this section, "deidentified" means
 that the information cannot identify or be made to identify or be  asso-
 ciated  with  a  particular  individual,  directly or indirectly, and is
 subject to technical safeguards and policies and procedures that prevent
 reidentification, whether intentionally or unintentionally, of any indi-
 vidual.
   (b) Nothing in this section shall prohibit the  investigation  of  any
 reproductive health [services] CARE OR GENDER-AFFIRMING CARE rendered in
 violation of the laws of this state, provided that no information relat-
 ing  to  any  medical procedure performed on a specific individual [may]
 SHALL 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]  ANY
 EFFORT  to  impose  civil or criminal liability [or], professional sanc-
 tions, OR ANY OTHER LEGAL CONSEQUENCES 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, OR OTHER  EFFORT,  to
 the extent necessary, in each case, to fulfill such request.
   (c)  Nothing in this section shall prohibit disclosure of deidentified
 information in compliance with federal grant reporting  requirements  or
 other reporting requirements under federal law.
   (d)  This section shall not be construed to allow for the provision of
 any information to any individual or out-of-state agency  or  department
 which would not otherwise be available under state law.
   § 15. Section 837-x of the executive law, as amended by chapter 101 of
 the laws of 2024, is REPEALED.
   §  16.  Section  4550 of the civil practice law and rules, as added by
 chapter 138 of the laws of 2023, is amended 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  para-
 graph  (b)  of  subdivision  one  of]  BY section 570.17 of the criminal
 procedure law[, relating to providing reproductive  health  services  to
 persons  not  physically  present  in  this  state] shall not be offered
 against such party as evidence that such party has engaged in any wrong-
 doing, whether civil, criminal, professional, or otherwise by virtue  of
 [such  recipients  of such services not being physically present in this
 state] ENGAGING IN SUCH LEGALLY PROTECTED HEALTH  ACTIVITY.  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] PERSON who received reproductive health
 [services] CARE OR GENDER-AFFIRMING CARE, or  the  [patient's]  PERSON'S
 A. 5480                            13
 
 legal  representative IN A MANNER CONSISTENT WITH CLAUSE (C) OF SUBPARA-
 GRAPH (II) OF PARAGRAPH ONE OF SUBDIVISION (G) OF SECTION THREE THOUSAND
 ONE HUNDRED NINETEEN OF THIS CHAPTER.
   § 17. Section 70-b of the civil rights law, as added by chapter 218 of
 the  laws of 2022 and paragraph (b) of subdivision 3 as amended by chap-
 ter 26 of the laws of 2023, is amended to read as follows:
   § 70-b. Unlawful  interference  with  protected  rights.  1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE TERM "LEGALLY PROTECTED HEALTH ACTIVITY"
 SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   2. A claim of unlawful interference with protected  rights  is  estab-
 lished  under  this section. Such claim shall arise when a person demon-
 strates that they [exercised or attempted to exercise, or facilitated or
 attempted to facilitate the exercise of  a  right  protected  under  the
 constitution  of  the state of New York and/or protected or permitted by
 the laws of the state of New York, to obtain or provide the medical care
 described in  subdivision  six  of  this  section,  and  such  exercise,
 provision,   facilitation,   or  attempt  thereof]  ENGAGED  IN  LEGALLY
 PROTECTED HEALTH ACTIVITY THAT results in litigation or criminal charges
 brought against that person in any court in the  United  States  or  its
 territories.
   [2.]  3. Such claim shall arise when any person or entity commences an
 action in any court, in the United States or any of its territories,  in
 which  the  allegations  against  the person, whether civil or criminal,
 involve [accessing, providing, facilitating, or  attempting  to  access,
 provide,  or facilitate the medical care described in subdivision six of
 this section] LEGALLY PROTECTED HEALTH ACTIVITY.
   [3.] 4. In a claim for unlawful  interference  with  protected  rights
 under this section:
   (a)  compensatory  damages,  as  well  as  costs  and attorneys' fees,
 including expert witness fees, shall be recoverable upon a demonstration
 of unlawful interference; and
   (b) additional damages of up to three times the amount of compensatory
 damages shall be recoverable upon an additional demonstration  that  the
 action  against the plaintiff was commenced or continued for the purpose
 of harassing, intimidating, punishing or otherwise maliciously  inhibit-
 ing  the  exercise  of  rights  protected in New York, including but not
 limited to [the rights in  subdivision  six  of  this  section]  LEGALLY
 PROTECTED HEALTH ACTIVITY.
   [4.]  5.  Any  action  or  proceeding brought pursuant to this section
 shall be commenced no later than six years after the date on  which  the
 [violation of this section is committed] LEGALLY PROTECTED HEALTH ACTIV-
 ITY.
   [5.]  6. Nothing in this section shall affect or preclude the right of
 any party to any recovery otherwise authorized  by  common  law,  or  by
 statute, law or rule.
   [6.  Rights  specifically  protected  under this section shall include
 lawfully provided medical care including but not limited to reproductive
 and/or endocrine health care, and all medical, surgical,  counseling  or
 referral  services  relating to the human reproductive system, including
 but not limited to services relating to pregnancy, contraception, or the
 termination of a pregnancy.]
   7. An action under this section shall be brought in the Supreme  Court
 of the state of New York.
   §  18.  Section  570.17  of  the criminal procedure law, as amended by
 chapter 138 of the laws of 2023, is amended to read as follows:
 A. 5480                            14
 
 § 570.17 Extradition for legally protected health activity.
   1.  For  purposes  of this section, the following terms shall have the
 following meanings:
   (a) "Reproductive health [services] CARE" 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]  ABORTION,  INCLUDING  BUT  NOT  LIMITED  TO CARE AN INDIVIDUAL
 PROVIDES TO THEMSELF.
   (b) "GENDER-AFFIRMING CARE" SHALL MEAN AND INCLUDE ANY  TYPE  OF  CARE
 PROVIDED  TO  AN  INDIVIDUAL  TO  AFFIRM THEIR GENDER IDENTITY OR GENDER
 EXPRESSION, INCLUDING BUT NOT LIMITED TO CARE AN INDIVIDUAL PROVIDES  TO
 THEMSELF; 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) "Legally protected health activity" shall  mean  and  include  the
 following  acts and omissions by providers [and], facilitators, SEEKERS,
 AND RECIPIENTS of reproductive health [services] CARE AND GENDER-AFFIRM-
 ING CARE, to the extent they are not in violation of the constitution or
 the laws of this state[, provided that such provider is physically pres-
 ent in the state]:
   (i) the [exercise] RECEIPT or [attempted exercise  by  any  person  of
 rights]  ATTEMPT  to RECEIVE reproductive health [services as secured by
 the constitution or laws of this state or  the  provision  of  insurance
 coverage for such services or] care OR GENDER-AFFIRMING CARE, REGARDLESS
 OF SUCH PERSON'S LOCATION; [and]
   (ii)  any  act or omission undertaken WHILE PHYSICALLY PRESENT IN THIS
 STATE to aid or encourage, or attempt to aid or encourage, any person in
 the [exercise] RECEIPT OF or [attempted exercise of rights]  ATTEMPT  to
 RECEIVE  reproductive health [services as secured by the constitution or
 laws of this state, or] CARE OR GENDER-AFFIRMING CARE, REGARDLESS OF THE
 LOCATION OF THE RECIPIENT OR PROVIDER OF SUCH CARE;
   (III) THE PROVISION OF OR ATTEMPT to provide  insurance  coverage  for
 [such  services  or  care;  provided, however, that] REPRODUCTIVE HEALTH
 CARE OR GENDER-AFFIRMING CARE, BY ANY ENTITY LOCATED, HEADQUARTERED,  OR
 INCORPORATED  IN  THE STATE, REGARDLESS OF THE LOCATION OF THE RECIPIENT
 AND PROVIDER OF SUCH CARE; OR
   (IV) the provision of [such] OR ATTEMPT TO PROVIDE reproductive health
 [services] CARE OR GENDER-AFFIRMING CARE 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] RECIPIENT'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 any legally protected health activ-
 ity [performed in New York] shall be recognized by the  governor  unless
 A. 5480                            15
 
 the  executive  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] SUCH ACCUSED fled from that state.
   § 19. Subdivision 1 of section 659 of the family court act, as amended
 by chapter 101 of the laws of 2024, is amended to read as follows:
   1.  A  law  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]  ENGAGE  IN  LEGALLY  PROTECTED HEALTH
 ACTIVITY, AS DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, OR
 BASED ON SUCH PARENT OR GUARDIAN THEMSELF ENGAGING IN LEGALLY  PROTECTED
 HEALTH  ACTIVITY,  IS  AGAINST THE PUBLIC POLICY OF THIS STATE AND shall
 not be enforced or applied in a case pending in a court in this state.
   § 20. Section 76 of the domestic relations law is amended by adding  a
 new subdivision 4 to read as follows:
   4.  THE  PRESENCE OF A CHILD IN THIS STATE FOR THE PURPOSE OF ENGAGING
 IN LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY  SECTION  570.17  OF
 THE CRIMINAL PROCEDURE LAW, OR FOR THE PURPOSE OF SUCH CHILD'S PARENT OR
 SIBLING  ENGAGING  IN LEGALLY PROTECTED HEALTH ACTIVITY, SHALL BE SUFFI-
 CIENT TO MEET THE REQUIREMENTS OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
 THIS SECTION.
   §  21. Subdivision 1 of section 76-c of the domestic relations law, as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   1. A court of this state has temporary emergency jurisdiction  if  the
 child is present in this state and:
   (A) the child has been abandoned; or
   (B) it is necessary in an emergency to protect the child, a sibling or
 parent  of  the  child,  INCLUDING  BECAUSE THE CHILD IS PRESENT IN THIS
 STATE BECAUSE THE CHILD, OR A SIBLING OR PARENT OF THE CHILD  IS  UNABLE
 TO  OBTAIN  NECESSARY  MEDICAL  CARE, INCLUDING LEGALLY PROTECTED HEALTH
 ACTIVITY, AS DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
   § 22. Section 76-f of the domestic relations law is amended by  adding
 a new subdivision 2-a to read as follows:
   2-A.  IN A CASE WHERE A CHILD'S OR A SIBLING OR PARENT OF SUCH CHILD'S
 LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17  OF  THE
 CRIMINAL  PROCEDURE  LAW,  IS  AT ISSUE, A COURT OF THIS STATE SHALL NOT
 DETERMINE THAT IT IS AN INCONVENIENT FORUM AND SHALL FIND THAT IT  IS  A
 MORE  APPROPRIATE FORUM, WHERE THE LAW OR POLICY OF THE OTHER STATE THAT
 MAY TAKE JURISDICTION LIMITS THE ABILITY OF  A  PARENT  TO  ALLOW  THEIR
 CHILD  OR  A  SIBLING  OR PARENT OF SUCH CHILD TO ENGAGE IN SUCH LEGALLY
 PROTECTED HEALTH ACTIVITY.
   § 23. Subdivision 4 of section 76-g of the domestic relations law,  as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   4.  In  making  a  determination under this section, a court shall not
 consider as a factor weighing against the petitioner any taking  of  the
 child, or retention of the child after a visit or other temporary relin-
 quishment of physical custody, from the person who has legal custody, if
 there  is  evidence  that  the  taking  or retention of the child was to
 protect the petitioner from domestic violence or the  child  or  sibling
 from mistreatment or abuse, OR WAS FOR THE PURPOSE OF ALLOWING THE CHILD
 TO  ENGAGE  IN  LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION
 570.17 OF THE CRIMINAL PROCEDURE LAW, IF THE LAW OR POLICY OF THE  OTHER
 STATE  LIMITS  THE  ABILITY OF A PARENT OR LEGAL GUARDIAN TO ALLOW THEIR
 CHILD TO ENGAGE IN LEGALLY PROTECTED HEALTH ACTIVITY.
   § 24. Section 77-l of the domestic relations law, as added by  chapter
 386 of the laws of 2001, is amended to read as follows:
 A. 5480                            16
 
   §  77-l.  Recognition  and enforcement. 1. A court of this state shall
 accord full faith and credit to an order issued  by  another  state  and
 consistent  with  this  article  which enforces a child custody determi-
 nation by a court of another state unless the order  has  been  vacated,
 stayed,  or modified by a court having jurisdiction to do so under title
 two of this article, unless recognition and  enforcement  would  violate
 subdivision  one-c  of  section  two  hundred  forty  of this chapter or
 section one thousand eighty-five of the family court act.
   2. A LAW THAT AUTHORIZES A STATE AGENCY TO REMOVE A CHILD  FROM  THEIR
 PARENT OR GUARDIAN BASED ON SUCH PARENT OR GUARDIAN ALLOWING THEIR CHILD
 TO  ENGAGE  IN  LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION
 570.17 OF THE CRIMINAL PROCEDURE LAW, OR BASED ON SUCH PARENT OR GUARDI-
 AN THEMSELF ENGAGING IN  SUCH  LEGALLY  PROTECTED  HEALTH  ACTIVITY,  IS
 AGAINST  THE  PUBLIC  POLICY  OF THIS STATE AND SHALL NOT BE ENFORCED OR
 APPLIED IN A CASE PENDING IN A COURT IN THIS STATE.
   § 25. The civil practice law and rules is  amended  by  adding  a  new
 article 3-A to read as follows:
                                ARTICLE 3-A
                    CONFLICT OF LAW IN ACTIONS RELATED
                   TO LEGALLY PROTECTED HEALTH ACTIVITY
 SECTION 350. LEGALLY PROTECTED HEALTH ACTIVITIES.
   § 350. LEGALLY PROTECTED HEALTH ACTIVITIES. NOTWITHSTANDING ANY GENER-
 AL  OR SPECIAL LAW, COMMON LAW, OR CONFLICT OF LAW RULE TO THE CONTRARY,
 THE LAWS OF THIS STATE SHALL GOVERN IN ANY CASE OR CONTROVERSY HEARD  IN
 THIS  STATE  RELATED TO LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
   § 26. Severability. If any clause, sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  27.  Construction.  The  provisions  of this act shall be construed
 liberally in order to give full effect to the fundamental rights and the
 other  protections  contained  herein  and  the  accomplishment  of  its
 purposes.  This shall be true regardless of whether federal civil rights
 laws, including those laws with  provisions  worded  comparably  to  the
 provisions of this section, have been so construed.
   § 28. This act shall take effect immediately.