S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4914
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, BROUK, GONZALEZ, GOUNARDES, HARCKHAM
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Children and Families
 
 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.
                                                            LBD00432-03-5
              

 S. 4914                             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.
 S. 4914                             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,  WHEN  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.
 S. 4914                             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)] 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:
   (1) such out-of-state proceeding (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 as defined in paragraph (a) of subdivision
 one  of section 570.17 of the criminal procedure law] CARE OR GENDER-AF-
 FIRMING 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
   (2) THE SUBPOENA IS ACCOMPANIED BY AN AFFIRMATION COMPLIANT WITH PARA-
 GRAPH 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:
   (e)  Action  pending  in  another  jurisdiction. Except as provided in
 section three thousand one hundred nineteen of this article, when  under
 S. 4914                             5
 
 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 PARAGRAPH  ONE  OF  SUBDIVISION  (G)  OF
 SECTION THREE THOUSAND ONE HUNDRED NINETEEN OF THIS ARTICLE. SUCH AFFIR-
 MATION 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-
 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
 S. 4914                             6

 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
 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.
 S. 4914                             7

   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
 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
 S. 4914                             8
 
 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.
   (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
 S. 4914                             9
 
 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  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
 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.
 S. 4914                            10
 
   (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
 BROUGHT PURSUANT TO THIS SECTION.
   (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  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
 S. 4914                            11
 
 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
 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
 S. 4914                            12
 
 [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
 legal representative IN A MANNER CONSISTENT WITH SUBPARAGRAPH  (III)  OF
 PARAGRAPH  ONE  OF SUBDIVISION (G) OF SECTION THREE THOUSAND ONE HUNDRED
 NINETEEN OF THIS CHAPTER.
 S. 4914                            13
 
   § 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]  CLAIM  UNDER  THIS  SECTION
 ARISES.
   [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:
 § 570.17 Extradition for legally protected health activity.
   1. For purposes of this section, the following terms  shall  have  the
 following meanings:
 S. 4914                            14
 
   (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
 OR 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
 the executive authority of the demanding state shall allege  in  writing
 that  the  accused  was physically present in the demanding state at the
 S. 4914                            15
 
 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:
   §  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
 S. 4914                            16
 
 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.