Assembly Bill A9687A

Signed By Governor
2021-2022 Legislative Session

Prohibits professional misconduct charges against health care practitioners for providing reproductive health services to patients who reside in states where such services are illegal

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S9079 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A9687 - Details

Law Section:
Education Law
Laws Affected:
Add §6531-b, Ed L; amd §230, Pub Health L

2021-A9687 - Summary

Prohibits professional misconduct charges against health care practitioners on the basis that such health care practitioner, acting within their scope of practice, performed, recommended or provided reproductive health care services for a patient who resides in a state wherein such reproductive health services are illegal.

2021-A9687 - Bill Text download pdf

                             
                     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
              

co-Sponsors

2021-A9687A - Details

Law Section:
Education Law
Laws Affected:
Add §6531-b, Ed L; amd §230, Pub Health L

2021-A9687A - Summary

Prohibits professional misconduct charges against health care practitioners on the basis that such health care practitioner, acting within their scope of practice, performed, recommended or provided reproductive health care services for a patient who resides in a state wherein such reproductive health services are illegal.

2021-A9687A - Bill Text download pdf

                             
                     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.
              

co-Sponsors

2021-A9687B (ACTIVE) - Details

Law Section:
Education Law
Laws Affected:
Add §6531-b, Ed L; amd §230, Pub Health L

2021-A9687B (ACTIVE) - Summary

Prohibits professional misconduct charges against health care practitioners on the basis that such health care practitioner, acting within their scope of practice, performed, recommended or provided reproductive health care services for a patient who resides in a state wherein such reproductive health services are illegal.

2021-A9687B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9687--B
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL, GLICK, FAHY, GALEF, GALLAGHER,
   SEAWRIGHT, CRUZ, SIMON,  DAVILA,  GONZALEZ-ROJAS,  GRIFFIN,  SILLITTI,
   DICKENS,  GOTTFRIED,  EPSTEIN,  DINOWITZ,  BENEDETTO,  JACOBSON, COOK,
   LAVINE, ZEBROWSKI, OTIS -- read once and referred to the Committee  on
   Higher  Education  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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