senate Bill S9079B

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

Current 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

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

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

view additional 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

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.

S9079A - Sponsor Memo

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

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

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.

S9079B (ACTIVE) - Sponsor Memo

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.

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