Senate Bill S9079

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 - 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

2021-S9079 - Details

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

2021-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.

2021-S9079 - Sponsor Memo

2021-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
              

co-Sponsors

2021-S9079A - Details

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

2021-S9079A - 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-S9079A - Sponsor Memo

2021-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.
              

co-Sponsors

2021-S9079B (ACTIVE) - Details

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

2021-S9079B (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-S9079B (ACTIVE) - Sponsor Memo

2021-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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.