Assembly Bill A9687B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9687
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to prohibiting disciplinary measures against licensed medical  profes-
   sionals  for  providing  abortion  and reproductive health services to
   patients who reside in states where such services are illegal

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6531-b
 to read as follows:
   §  6531-B.  EXCEPTIONS;  AUTHORIZED  ABORTION  AND REPRODUCTIVE HEALTH
 SERVICES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "ABORTION" MEANS THE TERMINATION OF A PREGNANCY FOR PURPOSES OTHER
 THAN PRODUCING A LIVE BIRTH,  INCLUDING  BUT  NOT  LIMITED  TO  SURGICAL
 PROCEDURES  PERFORMED  BY  A LICENSED MEDICAL PROFESSIONAL IN ACCORDANCE
 WITH SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB  OF  THE  PUBLIC  HEALTH
 LAW, TERMINATION USING PHARMACOLOGICAL AGENTS ADMINISTERED BY A LICENSED
 MEDICAL PROFESSIONAL OR PROVIDED BY A LICENSED MEDICAL PROFESSIONAL TO A
 PATIENT  FOR  SELF-ADMINISTRATION,  AND TERMINATION USING ANY OTHER SUCH
 PROCEDURES OR TREATMENTS AS ARE CONSISTENT WITH  PROFESSIONAL  STANDARDS
 OF PRACTICE AND THE LAWS OF NEW YORK STATE.
   (B)  "AUTHORIZED  REPRODUCTIVE  HEALTH  SERVICES"  INCLUDES BUT IS NOT
 LIMITED TO:
   (I) ABORTION AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION;
   (II) EMERGENCY CONTRACEPTION AS  DEFINED  IN  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION; 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 PROVIDED BY A HEALTH CARE PROFESSIONAL
 CONSISTENT  WITH  AND  SUBJECT  TO APPLICABLE LAWS OF NEW YORK STATE AND
 APPLICABLE AND AUTHORIZED REGULATIONS GOVERNING HEALTH  CARE  PROCEDURES
 IN NEW YORK STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15106-01-2
              

 A. 9687                             2
 
   (C)  "EMERGENCY  CONTRACEPTION"  MEANS  ONE OR MORE PRESCRIPTION DRUGS
 USED SEPARATELY OR IN COMBINATION, TO PREVENT PREGNANCY,  WHEN  ADMINIS-
 TERED  TO  OR  SELF-ADMINISTERED BY A PATIENT, WITHIN A MEDICALLY RECOM-
 MENDED AMOUNT OF TIME AFTER SEXUAL INTERCOURSE, AND DISPENSED  FOR  THAT
 PURPOSE IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF PRACTICE AND DETER-
 MINED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION TO BE SAFE.
   (D)  "LICENSED  MEDICAL  PROFESSIONAL" MEANS A PERSON WHO IS LICENSED,
 CERTIFIED, OR AUTHORIZED UNDER  ARTICLES  ONE  HUNDRED  THIRTY-ONE,  ONE
 HUNDRED  THIRTY-ONE-A, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-NINE
 AND ONE HUNDRED FORTY OF THIS TITLE TO PROVIDE MEDICAL SERVICES, INCLUD-
 ING AUTHORIZED REPRODUCTIVE HEALTH SERVICES AS DEFINED IN PARAGRAPH  (B)
 OF THIS SUBDIVISION.
   2.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, THE PERFORMANCE,
 RECOMMENDATION, OR PROVISION OF AN ABORTION OR ANY OTHER SUCH AUTHORIZED
 REPRODUCTIVE HEALTH SERVICES AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION, BY A LICENSED MEDICAL PROFESSIONAL FOR A PATIENT WHO RESIDES IN
 A  STATE  WHEREIN  THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF SUCH
 ABORTION OR ANY OTHER SUCH AUTHORIZED REPRODUCTIVE  HEALTH  SERVICES  IS
 ILLEGAL,  SHALL NOT, BY ITSELF, CONSTITUTE PROFESSIONAL MISCONDUCT UNDER
 THIS TITLE, OR TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH  LAW,  OR
 ANY OTHER LAW, RULE OR REGULATION GOVERNING LICENSURE OF MEDICAL PROFES-
 SIONALS,  NOR SHALL ANY LICENSE, CERTIFICATION, REGISTRATION OR AUTHORI-
 ZATION OF A LICENSED MEDICAL  PROFESSIONAL  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 LICENSEE PERFORMED, RECOMMENDED, OR PROVIDED  AN  ABORTION  OR  ANY
 OTHER  AUTHORIZED REPRODUCTIVE HEALTH SERVICES FOR A PATIENT WHO RESIDES
 IN A STATE WHEREIN THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF SUCH
 ABORTION OR OTHER AUTHORIZED REPRODUCTIVE HEALTH SERVICES IS ILLEGAL.
   § 2. Section 230 of the public health law is amended by adding  a  new
 subdivision 9-c 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  WITH
 MISCONDUCT  AS  DEFINED IN SECTIONS SIXTY-FIVE HUNDRED THIRTY AND SIXTY-
 FIVE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, OR CAUSE A REPORT MADE  TO
 THE  DIRECTOR  OF  SUCH  OFFICE  TO BE INVESTIGATED BEYOND A PRELIMINARY
 REVIEW AS SET FORTH IN CLAUSE (A) OF SUBPARAGRAPH (I) OF  PARAGRAPH  (A)
 OF  SUBDIVISION  TEN OF THIS SECTION, WHERE SUCH REPORT IS DETERMINED TO
 BE BASED SOLELY UPON THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF AN
 ABORTION OR ANY OTHER SUCH AUTHORIZED REPRODUCTIVE  HEALTH  SERVICES  AS
 DEFINED  IN SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW
 FOR A PARTICULAR PATIENT BY SUCH LICENSEE WHERE SUCH PATIENT RESIDES  IN
 A  STATE  WHEREIN  THE  PERFORMANCE, RECOMMENDATION OR PROVISION OF SUCH
 ABORTION OR OTHER AUTHORIZED REPRODUCTIVE HEALTH SERVICES IS ILLEGAL.
   (B) WHEN A LICENSEE, ACTING IN ACCORDANCE WITH PARAGRAPH E OF SUBDIVI-
 SION FOUR OF SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN  OF  THE  EDUCATION
 LAW,  PERFORMS,  RECOMMENDS OR PROVIDES AN ABORTION OR ANY OTHER AUTHOR-
 IZED REPRODUCTIVE HEALTH SERVICES FOR A PATIENT WHO RESIDES IN  A  STATE
 WHEREIN  THE  PERFORMANCE,  RECOMMENDATION,  OR  PROVISION  OF  SUCH  AN
 ABORTION OR ANY OTHER SUCH AUTHORIZED REPRODUCTIVE  HEALTH  SERVICES  IS
 ILLEGAL, SUCH PERFORMANCE, RECOMMENDATION, OR PROVISION OF SUCH ABORTION
 OR  ANY  OTHER  SUCH  AUTHORIZED  REPRODUCTIVE  HEALTH SERVICES FOR SUCH
 PATIENT, SHALL NOT, BY ITSELF, CONSTITUTE PROFESSIONAL  MISCONDUCT.  THE
 LICENSEE  SHALL  OTHERWISE  ABIDE  BY  ALL OTHER APPLICABLE PROFESSIONAL
 REQUIREMENTS.
 A. 9687                             3
 
   § 3. Paragraph (a) of subdivision 10 of  section  230  of  the  public
 health  law  is  amended  by  adding a new subparagraph (i-a) to read as
 follows:
   (I-A) THE DIRECTOR SHALL, IN ADDITION TO THE DETERMINATION REQUIRED BY
 CLAUSE  (A) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, DETERMINE IF A REPORT
 IS BASED SOLELY UPON CONDUCT WHICH IS OTHERWISE PERMISSIBLE PURSUANT  TO
 SECTION  SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW AND SUBDI-
 VISION NINE-C OF THIS SECTION, AND UPON A DETERMINATION BY THE  DIRECTOR
 THAT  A REPORT IS BASED SOLELY UPON SUCH PERMISSIBLE CONDUCT, NO FURTHER
 REVIEW SHALL BE CONDUCTED AND NO CHARGES SHALL BE BROUGHT.   NOTHING  IN
 THIS  SECTION  SHALL  PRECLUDE  THE DIRECTOR FROM MAKING SUCH A DETERMI-
 NATION EARLIER IN, OR SUBSEQUENT TO, A PRELIMINARY REVIEW.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments to paragraph (a) of subdivision 10 of section 230 of the
 public health law made by section three of this act shall not affect the
 expiration of such paragraph and shall be deemed expired therewith.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9687--A
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law and the public health law, in relation
   to prohibiting disciplinary measures against health care practitioners
   for  providing  reproductive health services to patients who reside in
   states where such services are illegal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6531-b
 to read as follows:
   § 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,  CERTI-
 FIED,  OR  AUTHORIZED  UNDER  THIS  TITLE AND ACTING WITHIN THEIR LAWFUL
 SCOPE OF PRACTICE.
   2. THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF  ANY  REPRODUCTIVE
 HEALTH  SERVICES  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION, BY A
 HEALTH CARE PRACTITIONER ACTING WITHIN THEIR SCOPE OF  PRACTICE,  FOR  A
 PATIENT  WHO RESIDES IN A STATE WHEREIN THE PERFORMANCE, RECOMMENDATION,
 OR PROVISION OF SUCH REPRODUCTIVE HEALTH SERVICES IS ILLEGAL, SHALL NOT,
 BY ITSELF, CONSTITUTE PROFESSIONAL MISCONDUCT UNDER THIS TITLE, OR TITLE
 TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, OR ANY OTHER LAW, RULE OR
 REGULATION GOVERNING THE LICENSURE, CERTIFICATION, OR  AUTHORIZATION  OF
 SUCH PRACTITIONER, NOR SHALL ANY LICENSE, CERTIFICATION OR AUTHORIZATION
 OF  A  HEALTH  CARE  PRACTITIONER  BE REVOKED, SUSPENDED, OR ANNULLED OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15106-05-2
 A. 9687--A                          2
 
 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 REPRODUC-
 TIVE  HEALTH  SERVICES  FOR A PATIENT WHO RESIDES IN A STATE WHEREIN THE
 PERFORMANCE, RECOMMENDATION, OR PROVISION OF  SUCH  REPRODUCTIVE  HEALTH
 SERVICES IS ILLEGAL.
   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.
   § 2. Section 230 of the public health law is amended by adding  a  new
 subdivision 9-c to read as follows:
   9-C.  (A)  NEITHER  THE BOARD FOR PROFESSIONAL MEDICAL CONDUCT NOR THE
 OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL CHARGE A  LICENSEE,  ACTING
 WITHIN  THEIR  SCOPE OF PRACTICE, WITH MISCONDUCT AS DEFINED IN SECTIONS
 SIXTY-FIVE HUNDRED THIRTY  AND  SIXTY-FIVE  HUNDRED  THIRTY-ONE  OF  THE
 EDUCATION  LAW, OR CAUSE A REPORT MADE TO THE DIRECTOR OF SUCH OFFICE TO
 BE INVESTIGATED BEYOND A PRELIMINARY REVIEW AS SET FORTH IN  CLAUSE  (A)
 OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION TEN OF THIS SECTION,
 WHERE SUCH REPORT IS DETERMINED TO BE BASED SOLELY UPON THE PERFORMANCE,
 RECOMMENDATION,  OR  PROVISION  OF  ANY  REPRODUCTIVE HEALTH SERVICES AS
 DEFINED IN SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION  LAW
 FOR  A PARTICULAR PATIENT BY SUCH LICENSEE WHERE SUCH PATIENT RESIDES IN
 A STATE WHEREIN THE PERFORMANCE, RECOMMENDATION  OR  PROVISION  OF  SUCH
 REPRODUCTIVE HEALTH SERVICES IS ILLEGAL.
   (B)  WHEN  A  LICENSEE,  ACTING WITHIN THEIR SCOPE OF PRACTICE, AND IN
 ACCORDANCE WITH PARAGRAPH E OF SUBDIVISION FOUR  OF  SECTION  SIXTY-FIVE
 HUNDRED  TWENTY-SEVEN  OF  THE  EDUCATION  LAW,  PERFORMS, RECOMMENDS OR
 PROVIDES ANY REPRODUCTIVE HEALTH SERVICES FOR A PATIENT WHO RESIDES IN A
 STATE WHEREIN THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF ANY  SUCH
 REPRODUCTIVE  HEALTH  SERVICES IS ILLEGAL, SUCH PERFORMANCE, RECOMMENDA-
 TION, OR  PROVISION  OF  SUCH  REPRODUCTIVE  HEALTH  SERVICES  FOR  SUCH
 PATIENT,  SHALL  NOT, BY ITSELF, CONSTITUTE PROFESSIONAL MISCONDUCT. THE
 LICENSEE SHALL OTHERWISE ABIDE  BY  ALL  OTHER  APPLICABLE  PROFESSIONAL
 REQUIREMENTS.
   §  3.  Paragraph  (a)  of  subdivision 10 of section 230 of the public
 health law is amended by adding a new  subparagraph  (i-a)  to  read  as
 follows:
   (I-A) THE DIRECTOR SHALL, IN ADDITION TO THE DETERMINATION REQUIRED BY
 CLAUSE  (A) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, DETERMINE IF A REPORT
 IS BASED SOLELY UPON CONDUCT WHICH IS OTHERWISE PERMISSIBLE PURSUANT  TO
 SECTION  SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW AND SUBDI-
 VISION NINE-C OF THIS SECTION, AND UPON A DETERMINATION BY THE  DIRECTOR
 THAT  A REPORT IS BASED SOLELY UPON SUCH PERMISSIBLE CONDUCT, NO FURTHER
 REVIEW SHALL BE CONDUCTED AND NO CHARGES SHALL BE BROUGHT.   NOTHING  IN
 THIS  SECTION  SHALL  PRECLUDE  THE DIRECTOR FROM MAKING SUCH A DETERMI-
 NATION EARLIER IN, OR SUBSEQUENT TO, A PRELIMINARY REVIEW.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments to paragraph (a) of subdivision 10 of section 230 of the
 public health law made by section three of this act shall not affect the
 expiration of such paragraph and shall be deemed expired therewith.