§ 6531-b. Exceptions; reproductive health services. 1. As used in this
section, the following terms shall have the following meanings:

(a) "Reproductive health services" shall include:

(i) abortion pursuant to section twenty-five hundred ninety-nine-bb of
the public health law;

(ii) emergency contraception as defined in section twenty-eight
hundred five-p of the public health law; and

(iii) medical, surgical, counseling or referral services relating to
the human reproductive system, including services relating to pregnancy
or the termination of a pregnancy.

(b) "Health care practitioner" means a person who is licensed,
certified, 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;
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.

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 legally protected health activity as defined in
paragraph (b) of subdivision one of section 570.17 of the criminal
procedure law, by a health care practitioner acting within their scope
of practice, for a patient who resides in a state wherein the
performance, recommendation, or provision of such reproductive health
services 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
reproductive health services or gender-affirming care for a patient who
resides in a state wherein the performance, recommendation, or provision
of such reproductive health services or gender-affirming care is
illegal.

3. Nothing in this section shall be construed to expand the scope of
practice of any individual licensed, certified or authorized under this
title, nor does this section give any such individual the authority to
act outside their scope of practice, as defined in this title.