Assembly Bill A9818A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9818--A
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DICKENS,  GOTTFRIED, CAHILL, GLICK,
   EPSTEIN, HEVESI, ZINERMAN, DAVILA, ENGLEBRIGHT, BURDICK, SIMON,  JACK-
   SON,  L. ROSENTHAL,  ZEBROWSKI,  GALLAGHER, SEAWRIGHT -- read once and
   referred to the Committee on Governmental Operations --  reported  and
   referred to the Committee on Rules -- Rules Committee discharged, bill
   amended, ordered reprinted as amended and recommitted to the Committee
   on Rules
 
 AN ACT to amend the executive law, in relation to address confidentiali-
   ty  to protect reproductive health care services providers, employees,
   volunteers, patients, or  immediate  family  members  of  reproductive
   health care services providers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and subdivision 3 of section  108  of
 the  executive  law,  as amended by chapter 141 of the laws of 2019, are
 amended to read as follows:
   There is created in the office of the secretary of state a program  to
 be  known as the "address confidentiality program" to protect victims of
 domestic violence, victims of human trafficking,  victims  of  a  sexual
 offense  [and],  victims  of  stalking,  AND  REPRODUCTIVE  HEALTH  CARE
 SERVICES PROVIDERS, EMPLOYEES, VOLUNTEERS, PATIENTS, OR IMMEDIATE FAMILY
 MEMBERS OF REPRODUCTIVE HEALTH CARE SERVICES  PROVIDERS  by  authorizing
 the  use  of designated addresses for such victims and their minor chil-
 dren. The program shall be administered by the secretary of state.
   3. Designation of agencies to assist applicants. The  secretary  shall
 designate  state,  local  or nonprofit agencies that provide counseling,
 referral, shelter or other specialized services to victims  of  domestic
 violence,  victims  of  human  trafficking,  victims of a sexual offense
 [and], victims  of  stalking,  AND  REPRODUCTIVE  HEALTH  CARE  SERVICES
 PROVIDERS,  EMPLOYEES, VOLUNTEERS, PATIENTS, OR IMMEDIATE FAMILY MEMBERS
 OF REPRODUCTIVE HEALTH CARE SERVICES PROVIDERS to assist persons  apply-
 ing  to be program participants. Such persons providing assistance shall
 be trained by the secretary. Any assistance and counseling  rendered  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15078-03-2
              

 A. 9818--A                          2
 
 an  officer of the secretary or his or her designees to applicants shall
 in no way be construed as legal advice.
   §  2.  Subdivision 1 of section 108 of the executive law is amended by
 adding three new paragraphs (l), (m) and (n) to read as follows:
   (L) "REPRODUCTIVE HEALTH CARE SERVICES PROVIDER, EMPLOYEE,  VOLUNTEER,
 OR  PATIENT"  MEANS  A  PERSON WHO OBTAINS, PROVIDES, OR ASSISTS, AT THE
 REQUEST OF ANOTHER PERSON, IN OBTAINING OR PROVIDING REPRODUCTIVE HEALTH
 CARE SERVICES, OR A PERSON WHO OWNS OR OPERATES  A  REPRODUCTIVE  HEALTH
 CARE SERVICES FACILITY.
   (M)  "REPRODUCTIVE HEALTH CARE SERVICES FACILITY" INCLUDES A HOSPITAL,
 AN OFFICE OPERATED BY A LICENSED PHYSICIAN AND SURGEON, A LICENSED CLIN-
 IC, OR OTHER LICENSED HEALTH CARE FACILITY  THAT  PROVIDES  REPRODUCTIVE
 HEALTH  CARE  SERVICES  AND  INCLUDES  ONLY THE BUILDING OR STRUCTURE IN
 WHICH THE REPRODUCTIVE HEALTH CARE SERVICES ARE ACTUALLY PROVIDED.
   (N) "IMMEDIATE FAMILY MEMBER" SHALL HAVE THE SAME MEANING  AS  DEFINED
 IN  SUBDIVISION  EIGHT OF SECTION TWO HUNDRED THIRTY-EIGHT OF THE PUBLIC
 HEALTH LAW.
   § 3. Clauses (A), (B) and (C) of subparagraph (i) of paragraph (a)  of
 subdivision  2  of section 108 of the executive law, clauses (A) and (B)
 as amended by chapter 141 of the laws of 2019 and clause (C) as added by
 chapter 502 of the laws of 2011, are amended to read as follows:
   (A) the applicant, or the  minor  or  incapacitated  person  on  whose
 behalf the application is made, is a victim of domestic violence, victim
 of  human trafficking, victim of a sexual offense, [or] victim of stalk-
 ing, OR A REPRODUCTIVE HEALTH CARE SERVICES PROVIDER,  EMPLOYEE,  VOLUN-
 TEER,  PATIENT,  OR  AN IMMEDIATE FAMILY MEMBER OF A REPRODUCTIVE HEALTH
 CARE SERVICES PROVIDER;
   (B) the applicant, or the  minor  or  incapacitated  person  on  whose
 behalf the application is made, has left his or her residence because of
 such violence or acts, PROVIDED, HOWEVER, THIS CLAUSE SHALL NOT APPLY IF
 THE APPLICANT IS A REPRODUCTIVE HEALTH CARE SERVICES PROVIDER, EMPLOYEE,
 VOLUNTEER,  PATIENT,  OR  AN  IMMEDIATE  FAMILY MEMBER OF A REPRODUCTIVE
 HEALTH CARE SERVICES PROVIDER;
   (C) the applicant fears for his or her safety or his or her children's
 safety, or the safety of the minor  or  incapacitated  person  on  whose
 behalf the application is made, OR, IN THE CASE OF A REPRODUCTIVE HEALTH
 CARE  SERVICES  PROVIDER, EMPLOYEE, VOLUNTEER, OR PATIENT, THE APPLICANT
 FEARS FOR HIS OR HER SAFETY OR THE SAFETY OF AN IMMEDIATE FAMILY MEMBER;
 and
   § 4. Subparagraph (iv) of paragraph (a) of subdivision  2  of  section
 108 of the executive law, as amended by chapter 141 of the laws of 2019,
 is amended to read as follows:
   (iv)  the  actual address or addresses that the applicant requests not
 be disclosed because of the increased risk of domestic violence, a sexu-
 al offense, stalking, [or] physical injury OR IN THE CASE  OF  REPRODUC-
 TIVE  HEALTH CARE SERVICES PROVIDER, EMPLOYEE, VOLUNTEER, PATIENT, OR AN
 IMMEDIATE FAMILY MEMBER OF A REPRODUCTIVE HEALTH CARE SERVICES PROVIDER,
 OTHER THREATS OF VIOLENCE; and
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.