S T A T E O F N E W Y O R K
________________________________________________________________________
9384--A
I N S E N A T E
May 23, 2022
___________
Introduced by Sens. CLEARE, BIAGGI, COONEY, JACKSON, LIU, MAY, MAYER,
RIVERA -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
an officer of the secretary or his or her designees to applicants shall
in no way be construed as legal advice.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15252-04-2
S. 9384--A 2
§ 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.
