NY State Senate Bill S9079B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2022	signed chap.220 delivered to governor
Jun 02, 2022	returned to senate passed assembly ordered to third reading rules cal.624 substituted for a9687b
May 31, 2022	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1624 committee discharged and committed to rules
May 28, 2022	print number 9079b
May 28, 2022	amend and recommit to higher education
May 12, 2022	print number 9079a
May 12, 2022	amend (t) and recommit to higher education
May 09, 2022	referred to higher education

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S9079 - Details

See Assembly Version of this Bill:: A9687
Law Section:: Education Law
Laws Affected:: Add §§6531-b & 6505-d, Ed L; amd §230, Pub Health L

S9079 - 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.

S9079 - Sponsor Memo

 
BILL NUMBER: S9079

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

Prohibits professional misconduct charges against licensed medical
professionals for providing legal abortion and reproductive health
services to patients who reside in states where such services are ille-
gal.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the education law by adding a new section 6531-b.

Section 2 amends Section 230 the public health law adding a new subdivi-

sion 9-c.

Section 3 amends paragraph (a)of subdivision 10 of section 230 of the
public health law by adding a new subparagraph (i-a).

Section 4 establishes the effective date.

 
JUSTIFICATION:

Restrictive abortion bans have been introduced in states throughout the
country. In 2021, Texas passed SB 8 into law.  This extreme new law
encourages individuals to help enforce the law by offering $10,000
"bounties" to anyone who successfully sues someone who "aids or abets"
an abortion after six weeks of pregnancy, which is earlier than many
women even miss their period.

These bans, and especially Texas' bounty, have made it extremely diffi-
cult and even dangerous for women throughout the country to access safe
reproductive healthcare in their own states. These bans criminalize the
procedure for both patients and healthcare providers.

According to a 2021 study by Planned Parenthood, the number of patients
with a Texas zip code who sought care from Planned Parenthood Centers in
other states has been increasing by an average of 6% per month. Despite
the extreme law, women in Texas will still need access to abortion and
other related reproductive medical service's, and they will likely seek
out those services from reputable providers in states where abortion is
legal.

It is vital that New York State do all it can to ensure that anyone who
needs an abortion can receive one, and that any medical professional who
provides such services does not risk their license as a result. This
legislation will prevent any disciplinary action from being taken
against a healthcare provider in New York State for performing reproduc-
tive services that are legal in New York State but legally prohibited
elsewhere, protecting doctors and ensuring that use abortion services
can be safely accessed in New York.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall be effective immediately.

S9079 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9079
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed 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

 S. 9079                             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.
 S. 9079                             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.

Co-Sponsors

S9079A - Details

See Assembly Version of this Bill:: A9687
Law Section:: Education Law
Laws Affected:: Add §§6531-b & 6505-d, Ed L; amd §230, Pub Health L

S9079A - Summary

S9079A - Sponsor Memo

 
BILL NUMBER: S9079A

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits professional misconduct charges against health care practi-
tioners for providing legal reproductive health services to patients who
reside in states where such services are illegal.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 6531-b.

Section 2 amends Section 230 the public health law adding a new subdivi-
sion 9-c.

Section 3 amends paragraph (a)of subdivision 10 of section 230 of the
public health law by adding a new subparagraph (i-a).

Section 4 establishes the effective date.

 
JUSTIFICATION:

Restrictive abortion bans have been introduced in states throughout the
country. In 2021, Texas passed SB 8 into law. This extreme new law
encourages individuals to help enforce the law by offering $10,000
"bounties" to anyone who successfully sues someone who "aids or abets"
an abortion after six weeks of pregnancy, which is earlier than many
women even miss their period.

These bans, and especially Texas' bounty, have made it extremely diffi-
cult and even dangerous for women throughout the country to access safe
reproductive healthcare in their own states. These bans criminalize the
procedure for both patients and healthcare providers.

According to a 2021 study by Planned Parenthood, the number of patients
with a Texas zip code who sought care from Planned Parenthood Centers in
other states has been increasing by an average of 6% per month. Despite
the extreme law, women in Texas will still need access to abortion and
other related reproductive medical services, and they will likely seek
out those services from reputable providers in states where abortion is
legal.

It is vital that New York State do all it can to ensure that anyone who
needs an abortion can receive one, and that any health care practition-
er, acting within their lawful scope of practice, who provides such
services does not risk their license as a result. This legislation will
prevent any disciplinary action from being taken against a health care
practitioner in New York State for performing reproductive services that
are legal in New York State but legally prohibited elsewhere, protecting
doctors and ensuring that use abortion services can be safely accessed
in New York.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S9079A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9079--A
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15106-06-2
 S. 9079--A                          2
 
 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 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.

Co-Sponsors

view additional co-sponsors

S9079B (ACTIVE) - Details

See Assembly Version of this Bill:: A9687
Law Section:: Education Law
Laws Affected:: Add §§6531-b & 6505-d, Ed L; amd §230, Pub Health L

S9079B (ACTIVE) - Summary

S9079B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S9079B

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits professional misconduct charges against health care practi-
tioners for providing legal reproductive health services to patients who
reside in states where such services are illegal. Also provides that an
applicant seeking licensure in New York who was subject to disciplinary
action in another state solely on the basis of performing an abortion,
which would be legal in New York, will not be denied licensure.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 6531-b.

Section 2 amends Section 230 the public health law adding a new subdivi-
sion 9-c.

Section 3 amends paragraph (a)of subdivision 10 of section 230 of the
public health law by adding a new subparagraph (i-a).

Section 4 adds new section 6505-d to the education law. Section 5 estab-
lishes the effective date.

 
JUSTIFICATION:

Restrictive abortion bans have been introduced in states throughout the
country. In 2021, Texas passed SB 8 into law. This extreme new law
encourages individuals to help enforce the law by offering $10,000
"bounties" to anyone who successfully sues someone who "aids or abets"
an abortion after six weeks of pregnancy, which is earlier than many
women even miss their period.

These bans, and especially Texas' bounty, have made it extremely diffi-
cult and even dangerous for women throughout the country to access safe
reproductive healthcare in their own states. These bans criminalize the
procedure for both patients and healthcare providers.

According to a 2021 study by Planned Parenthood, the number of patients
with a Texas zip code who sought care from Planned Parenthood Centers in
other states has been increasing by an average of 6% per month. Despite
the extreme law, women in Texas will still need access to abortion and
other related reproductive medical services, and they will likely seek
out those services from reputable providers in states where abortion is
legal.

It is vital that New York State do all it can to ensure that anyone who
needs an abortion can receive one, and that any health care practition-
er, acting within their lawful scope of practice, who provides such
services does not risk their license as a result. This legislation will
prevent any disciplinary action from being taken against a health care
practitioner in New York State for performing reproductive services that
are legal in New York State but legally prohibited elsewhere, protecting
doctors and ensuring that use abortion services can be safely accessed
in New York. Additionally, this legislation will protect applicants
seeking licensure in New York from being denied such licensure in cases
where the applicant was subject to disciplinary action in another state
solely on the basis of performing an abortion, which would be legal in
New York. In such cases, the applicant will not be denied licensure.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S9079B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9079--B
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by Sens. KAPLAN, COONEY, JACKSON, LIU, MAY, MAYER, RIVERA --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Higher  Education  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15106-08-2
 S. 9079--B                          2
 
 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 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. The education law is amended by adding a new  section  6505-d  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
 S. 9079--B                          3

 JURISDICTION  SOLELY  ON  THE BASIS OF HAVING PERFORMED, RECOMMENDED, OR
 PROVIDED AN ABORTION PURSUANT TO  SECTION  TWENTY-FIVE  HUNDRED  NINETY-
 NINE-BB  OF  THE  PUBLIC HEALTH 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 EVALUATING THE CONDUCT OF SUCH APPLI-
 CANT AND MAKING A DETERMINATION TO BE LICENSED, CERTIFIED, OR AUTHORIZED
 TO PRACTICE A PROFESSION UNDER THIS TITLE.
   §  5.  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.

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The New York State Senate

senate Bill S9079B

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

May 31, 2022 - Rules committee Vote

Rules Committee Vote: May 31, 2022

Bill Amendments

S9079 - Details

S9079 - Summary

S9079 - Sponsor Memo

S9079 - Bill Text download pdf

Co-Sponsors

S9079A - Details

S9079A - Summary

S9079A - Sponsor Memo

S9079A - Bill Text download pdf

Co-Sponsors

S9079B (ACTIVE) - Details

S9079B (ACTIVE) - Summary

S9079B (ACTIVE) - Sponsor Memo

S9079B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9079B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

May 31, 2022 - Rules committee Vote

Rules Committee Vote: May 31, 2022

Bill Amendments

S9079 - Details

S9079 - Summary

S9079 - Sponsor Memo

S9079 - Bill Text download pdf

Co-Sponsors

S9079A - Details

S9079A - Summary

S9079A - Sponsor Memo

S9079A - Bill Text download pdf

Co-Sponsors

S9079B (ACTIVE) - Details

S9079B (ACTIVE) - Summary

S9079B (ACTIVE) - Sponsor Memo

S9079B (ACTIVE) - Bill Text download pdf

Comments