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ONE-B OF THE EDUCATION LAW, IS SUFFICIENT TO MEET THE REQUIREMENTS OF
PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
§ 3. Subdivision 1 of section 76-c of the domestic relations law, as
added by chapter 386 of the laws of 2001, is amended to read as follows:
1. A court of this state has temporary emergency jurisdiction if the
child is present in this state and:
(A) the child has been abandoned [or];
(B) it is necessary in an emergency to protect the child, a sibling or
parent of the child; OR
(C) THE CHILD IS PRESENT IN THIS STATE BECAUSE THE CHILD HAS BEEN
UNABLE TO OBTAIN GENDER-AFFIRMING CARE, AS DEFINED BY SECTION SIXTY-FIVE
HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW.
§ 4. Subdivisions 3 and 4 of section 76-f of the domestic relations
law are renumbered subdivisions 4 and 5, and a new subdivision 3 is
added to read as follows:
3. IN A CASE WHERE THE PROVISION OF GENDER-AFFIRMING CARE TO THE CHILD
IS AT ISSUE, A COURT OF THIS STATE SHALL NOT DETERMINE THAT IT IS AN
INCONVENIENT FORUM AND MUST FIND THAT IT IS A MORE APPROPRIATE FORUM
WHERE THE LAW OR POLICY OF THE OTHER STATE THAT MAY TAKE JURISDICTION
LIMITS THE ABILITY OF A PARENT TO OBTAIN GENDER-AFFIRMING CARE FOR THEIR
CHILD. FOR THE PURPOSES OF THIS SECTION, "GENDER-AFFIRMING CARE" HAS
THE SAME MEANING AS DEFINED BY SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B
OF THE EDUCATION LAW.
§ 5. Subdivision 4 of section 76-g of the domestic relations law, as
added by chapter 386 of the laws of 2001, is amended to read as follows:
4. In making a determination under this section, a court shall not
consider as a factor weighing against the petitioner any taking of the
child, or retention of the child after a visit or other temporary relin-
quishment of physical custody, from the person who has legal custody, if
there is evidence that the taking or retention of the child was to
protect the petitioner from domestic violence or the child or sibling
from mistreatment or abuse, OR FOR THE PURPOSES OF OBTAINING GENDER-AF-
FIRMING CARE, AS DEFINED BY SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B OF
THE EDUCATION LAW, FOR THE CHILD AND THE LAW OR POLICY OF THE OTHER
STATE LIMITS THE ABILITY OF A PARENT TO OBTAIN GENDER-AFFIRMING CARE FOR
THEIR CHILD.
§ 6. Section 77-l of the domestic relations law, as added by chapter
386 of the laws of 2001, is amended to read as follows:
§ 77-l. 1. Recognition and enforcement. A court of this state shall
accord full faith and credit to an order issued by another state and
consistent with this article which enforces a child custody determi-
nation by a court of another state unless the order has been vacated,
stayed, or modified by a court having jurisdiction to do so under title
two of this article, unless recognition and enforcement would violate
subdivision one-c of section two hundred forty of this chapter or
section one thousand eighty-five of the family court act.
2. (A) A LAW THAT AUTHORIZES A STATE AGENCY TO REMOVE A CHILD FROM
THEIR PARENT OR GUARDIAN BASED ON THE PARENT OR GUARDIAN ALLOWING THEIR
CHILD TO RECEIVE GENDER-AFFIRMING CARE IS AGAINST THE PUBLIC POLICY OF
THIS STATE AND SHALL NOT BE ENFORCED OR APPLIED IN A CASE PENDING IN A
COURT IN THIS STATE.
(B) FOR THE PURPOSE OF THIS SUBDIVISION, "GENDER-AFFIRMING CARE" SHALL
HAVE THE SAME MEANING AS PROVIDED BY SECTION SIXTY-FIVE HUNDRED THIRTY-
ONE-B OF THE EDUCATION LAW.
A. 7687--A 3
§ 7. Subdivision 1 of section 570.17 of the criminal procedure law,
as added by chapter 138 of the laws of 2023, is amended to read as
follows:
1. For purposes of this section, the following terms shall have the
following meanings:
(a) "Reproductive health services" shall mean and include all
services, care, or products of a medical, surgical, psychiatric, thera-
peutic, diagnostic, mental health, behavioral health, preventative,
rehabilitative, supportive, consultative, referral, prescribing, or
dispensing nature relating to the human reproductive system provided in
accordance with the constitution and the laws of this state, whether
provided in person or by means of telehealth or telehealth services,
which includes, but is not limited to, all services, care and products
relating to pregnancy, assisted reproduction, contraception, miscarriage
management or the termination of a pregnancy, and self-managed termi-
nations.
(b) "GENDER-AFFIRMING CARE" SHALL MEAN ANY TYPE OF CARE PROVIDED TO AN
INDIVIDUAL TO AFFIRM THEIR GENDER IDENTITY OR GENDER EXPRESSION;
PROVIDED THAT SURGICAL INTERVENTIONS ON MINORS WITH VARIATIONS IN THEIR
SEX CHARACTERISTICS THAT ARE NOT SOUGHT AND INITIATED BY THE INDIVIDUAL
PATIENT ARE NOT GENDER-AFFIRMING CARE.
(C) "Legally protected health activity" shall mean and include the
following acts and omissions by providers and facilitators of reproduc-
tive health services AND GENDER-AFFIRMING CARE, to the extent they are
not in violation of the constitution or the laws of this state, provided
that such provider is physically present in the state:
(i) the exercise or attempted exercise by any person of rights to
reproductive health services AND GENDER-AFFIRMING CARE as secured by the
constitution or laws of this state or the provision of insurance cover-
age for such services or care; and
(ii) any act or omission undertaken to aid or encourage, or attempt to
aid or encourage, any person in the exercise or attempted exercise of
rights to reproductive health services AND GENDER-AFFIRMING CARE as
secured by the constitution or laws of this state, or to provide insur-
ance coverage for such services or care; provided, however, that the
provision of such reproductive health services OR GENDER-AFFIRMING CARE
by a person duly licensed under the laws of this state and physically
present in this state and the provision of insurance coverage for such
services or care shall be a legally protected health activity if the
service or care is permitted under the laws of this state, regardless of
the patient's location.
§ 8. Section 570.19 of the criminal procedure law is REPEALED.
§ 9. Subdivision 3-b of section 140.10 of the criminal procedure law
is REPEALED.
§ 10. Subdivision 1 and paragraph (b) of subdivision 2 of section
837-x of the executive law, subdivision 1 as added by chapter 138 of the
laws of 2023 and paragraph (b) of subdivision 2 as amended by chapter 89
of the laws of 2024, are amended to read as follows:
1. For purposes of this section, the following terms shall have the
following meanings:
(a) "Reproductive health services" shall have the same meaning as
paragraph (a) of subdivision one of section 570.17 of the criminal
procedure law; [and]
(b) "GENDER-AFFIRMING CARE" SHALL HAVE THE SAME MEANING AS PARAGRAPH
(B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW;
AND
A. 7687--A 4
(C) "Legally protected health activity" shall have the same meaning as
paragraph [(b)] (C) of subdivision one of section 570.17 of the criminal
procedure law.
(b) Nothing in this section shall prohibit the investigation of any
reproductive health services OR GENDER-AFFIRMING CARE rendered in
violation of the laws of this state, provided that no information relat-
ing to any medical procedure performed on a specific individual may be
shared with an out-of-state agency or any other individual. Nothing in
this section shall prohibit compliance with a valid, court-issued
subpoena or warrant which does not relate to a law seeking to impose
civil or criminal liability or professional sanctions for a legally
protected health activity, or in response to the written request of a
person who is the subject of such an investigation or proceeding, to the
extent necessary, in each case, to fulfill such request.
§ 11. Section 837-x of the executive law, as amended by chapter 101 of
the laws of 2024, is REPEALED.
§ 12. Subdivision (h) of section 3119 of the civil practice law and
rules is REPEALED.
§ 13. Subdivision (g) of section 3119 of the civil practice law and
rules, as amended by chapter 138 of the laws of 2023, paragraph 1 as
amended by chapter 89 of the laws of 2024, is amended to read as
follows:
(g) (1) Out-of-state proceedings regarding legally protected health
activities. Notwithstanding any other provisions of this section or any
other law, no court or county clerk shall issue a subpoena under this
section in connection with an out-of-state proceeding relating to any
legally protected health activity which occurred in this state, unless
such out-of-state proceeding (i) sounds in tort or contract, (ii) is
actionable, in an equivalent or similar manner, under the laws of this
state, and (iii) was brought by the patient who received reproductive
health services as defined in paragraph (a) of subdivision one of
section 570.17 of the criminal procedure law OR GENDER-AFFIRMING CARE AS
DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE
CRIMINAL PROCEDURE LAW, or the patient's legal representative, so long
as the patient gives express consent unless express consent is not
feasible due to patient injury or death.
(2) For purposes of this subdivision, the terms "legally protected
health activity", "GENDER-AFFIRMING CARE", and "reproductive health
services" shall have the same meanings as defined in subdivision one of
section 570.17 of the criminal procedure law.
§ 14. Subdivision (e) of section 3102 of the civil practice law and
rules, as separately amended by chapter 138 of the laws of 2023 and
chapter 101 of the laws of 2024, is amended to read as follows:
(e) Action pending in another jurisdiction. Except as provided in
section three thousand one hundred nineteen of this article, when under
any mandate, writ or commission issued out of any court of record in any
other state, territory, district or foreign jurisdiction, or whenever
upon notice or agreement, it is required to take the testimony of a
witness in the state, [he or she] SUCH WITNESS may be compelled to
appear and testify in the same manner and by the same process as may be
employed for the purpose of taking testimony in actions pending in the
state. The supreme court or a county court shall make any appropriate
order in aid of taking such a deposition; provided that no order may be
issued under this section in connection with an out-of-state proceeding
relating to any legally protected health activity, as defined in para-
graph [(b)] (C) of subdivision one of section 570.17 of the criminal
A. 7687--A 5
procedure law [or gender-affirming care, as defined in paragraph (c) of
subdivision one of section sixty-five hundred thirty-one-b of the
education law,] which occurred in this state, unless such out-of-state
proceeding (1) sounds in tort or contract, (2) is actionable, in an
equivalent or similar manner, under the laws of this state, and (3) was
brought by the patient who received reproductive health services or
gender-affirming care, or the patient's legal representative.
§ 15. Section 4550 of the civil practice law and rules, as added by
chapter 138 of the laws of 2023, is amended to read as follows:
§ 4550. Admissibility of evidence related to legally protected health
activity. Evidence relating to the involvement of a party engaging in
one or more legally protected health activity, as defined in paragraph
[(b)] (C) of subdivision one of section 570.17 of the criminal procedure
law, relating to providing reproductive health services OR GENDER-AF-
FIRMING CARE to persons not physically present in this state shall not
be offered against such party as evidence that such party has engaged in
any wrongdoing, whether civil, criminal, professional, or otherwise by
virtue of such recipients of such services not being physically present
in this state. Nothing in this section shall prevent a party from offer-
ing such evidence in a proceeding that (i) sounds in tort or contract,
(ii) is actionable, in an equivalent or similar manner, under the laws
of this state, and (iii) was brought by the patient who received repro-
ductive health services OR GENDER-AFFIRMING CARE, or the patient's legal
representative.
§ 16. Subdivision 1 of section 6510 of the education law is amended by
adding a new paragraph b-1 to read as follows:
B-1. MISCONDUCT. THE DEPARTMENT SHALL NOT CHARGE A LICENSEE, ACTING
WITHIN THEIR SCOPE OF PRACTICE, WITH MISCONDUCT AS DEFINED IN SECTION
SIXTY-FIVE HUNDRED NINE OF THIS SUBARTICLE, OR CAUSE A COMPLAINT MADE BY
ANY PERSON TO THE DEPARTMENT TO BE INVESTIGATED BEYOND A PRELIMINARY
REVIEW, SOLELY ON THE BASIS THAT SUCH LICENSEE PERFORMED, RECOMMENDED,
OR PROVIDED ANY REPRODUCTIVE HEALTH SERVICES OR GENDER-AFFIRMING CARE AS
DEFINED IN SECTION SIXTY-FIVE HUNDRED NINE-F OF THIS SUBARTICLE FOR A
PATIENT WHO RESIDES IN A STATE WHEREIN THE PERFORMANCE, RECOMMENDATION
OR PROVISION OF SUCH REPRODUCTIVE HEALTH SERVICES OR GENDER-AFFIRMING
CARE IS ILLEGAL. THE PRELIMINARY REVIEW SHALL DETERMINE IF SUCH REPORT
REASONABLY APPEARS TO REFLECT CONDUCT WARRANTING FURTHER INVESTIGATION
PURSUANT TO THIS PARAGRAPH.
§ 17. Subdivision 2 of section 6531-b of the education law, as sepa-
rately amended by chapters 138 and 143 of the laws of 2023, is amended
to read as follows:
2. The performance, recommendation, or provision of any reproductive
health services or gender-affirming care, as defined in subdivision one
of this section, or any legally protected health activity as defined in
paragraph [(b)] (C) of subdivision one of section 570.17 of the criminal
procedure law, by a health care practitioner acting within their scope
of practice, for a patient who resides in a state wherein the perform-
ance, recommendation, or provision of such reproductive health services
or gender-affirming care 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 of a health care prac-
titioner 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,
A. 7687--A 6
recommended, or provided any such reproductive health services or
gender-affirming care for a patient who resides in a state wherein the
performance, recommendation, or provision of such reproductive health
services or gender-affirming care is illegal.
§ 18. The education law is amended by adding a new section 6509-f to
read as follows:
§ 6509-F. LIMITED EXEMPTION FROM PROFESSIONAL MISCONDUCT; REPRODUC-
TIVE HEALTH SERVICES AND GENDER-AFFIRMING CARE. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "REPRODUCTIVE HEALTH SERVICES" SHALL INCLUDE ALL SERVICES, CARE,
OR PRODUCTS OF A MEDICAL, SURGICAL, PSYCHIATRIC, THERAPEUTIC, MENTAL
HEALTH, BEHAVIORAL HEALTH, DIAGNOSTIC, PREVENTATIVE, REHABILITATIVE,
SUPPORTIVE, COUNSELING, REFERRAL, PRESCRIBING, OR DISPENSING NATURE
RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED IN ACCORDANCE WITH
THE LAWS OF THIS STATE, INCLUDING, BUT NOT LIMITED TO, ALL SERVICES,
CARE AND PRODUCTS RELATING TO PREGNANCY, ASSISTED REPRODUCTION, CONTRA-
CEPTION, MISCARRIAGE MANAGEMENT OR THE TERMINATION OF A PREGNANCY,
INCLUDING SELF-MANAGED TERMINATIONS.
(B) "GENDER-AFFIRMING CARE" SHALL MEAN ANY TYPE OF CARE PROVIDED TO AN
INDIVIDUAL TO AFFIRM THEIR GENDER IDENTITY OR GENDER EXPRESSION,
PROVIDED THAT SURGICAL INTERVENTIONS ON MINORS WITH VARIATIONS IN THEIR
SEX CHARACTERISTICS THAT ARE NOT SOUGHT AND INITIATED BY THE INDIVIDUAL
PATIENT ARE NOT GENDER-AFFIRMING CARE.
(C) "HEALTH CARE PRACTITIONER" MEANS A PERSON WHO IS LICENSED, CERTI-
FIED, OR AUTHORIZED UNDER THIS TITLE AND ACTING WITHIN THEIR LAWFUL
SCOPE OF PRACTICE AND INCLUDES, BUT IS NOT LIMITED TO PERSONS SUBJECT TO
ARTICLES ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED
THIRTY-SIX, ONE HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-SEVEN-A, ONE
HUNDRED THIRTY-NINE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-THREE, ONE
HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SIX, ONE HUNDRED FIFTY-NINE OR ONE
HUNDRED SIXTY-THREE OF THIS TITLE OR ANY OTHER PERSON DESIGNATED AS A
HEALTH CARE PRACTITIONER BY LAW, RULE, OR REGULATION.
2. THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF ANY REPRODUCTIVE
HEALTH SERVICES OR GENDER-AFFIRMING CARE AS DEFINED IN SUBDIVISION ONE
OF THIS SECTION, OR ANY LEGALLY PROTECTED HEALTH ACTIVITY AS DEFINED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL
PROCEDURE LAW, BY A HEALTH CARE PRACTITIONER ACTING WITHIN THEIR SCOPE
OF PRACTICE, FOR A PATIENT WHO RESIDES IN A STATE WHEREIN THE PERFORM-
ANCE, RECOMMENDATION, OR PROVISION OF SUCH REPRODUCTIVE HEALTH SERVICES
OR GENDER-AFFIRMING CARE IS ILLEGAL, SHALL NOT, BY ITSELF, CONSTITUTE
PROFESSIONAL MISCONDUCT UNDER THIS TITLE, OR ANY OTHER LAW, RULE OR
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 OR GENDER-AFFIRMING CARE FOR A PATIENT WHO RESIDES
IN A STATE WHEREIN THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF SUCH
REPRODUCTIVE HEALTH SERVICES OR GENDER-AFFIRMING CARE 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.
§ 19. Subsection (a) of section 3436-a of the insurance law, as sepa-
rately amended by chapter 138 of the laws of 2023 and chapter 101 of the
A. 7687--A 7
laws of 2024, is amended and two new subsections (e) and (f) are added
to read as follows:
(a) Every insurer that issues or renews medical malpractice insurance
OR PROFESSIONAL LIABILITY INSURANCE covering a health care provider
licensed to practice in this state shall be prohibited from taking any
adverse action against a health care provider solely on the basis that
the health care provider engages in legally protected health activity,
as defined in paragraph [(b)] (C) of subdivision one of section 570.17
of the criminal procedure law, [or gender-affirming care, as defined in
paragraph (c) of subdivision one of section sixty-five hundred thirty-
one-b of the education law, that is legal in this state] with someone
who is from out of the state. The superintendent is expressly authorized
to interpret "legally protected health activity" as if such definition
was stated within this section. Such policy shall include health care
providers who prescribe abortion medication to out-of-state patients by
means of telehealth.
(E) AS USED IN THIS SECTION, "PROFESSIONAL LIABILITY INSURANCE" SHALL
MEAN INSURANCE AGAINST LEGAL LIABILITY OF THE INSURED, AND AGAINST LOSS,
DAMAGE, OR EXPENSE INCIDENT TO A CLAIM OF SUCH LIABILITY ARISING OUT OF
THE DEATH OR INJURY OF ANY PERSON DUE TO MEDICAL, PSYCHIATRIC, MENTAL
HEALTH, OR OTHER MALPRACTICE BY ANY LICENSED PHYSICIAN ASSISTANT, PHYS-
ICAL THERAPIST, PHYSICAL THERAPIST ASSISTANT, PHARMACIST, REGISTERED
PHARMACY TECHNICIAN, NURSE, PSYCHOLOGIST, PSYCHIATRIST, SOCIAL WORKER,
OCCUPATIONAL THERAPIST, SPEECH-LANGUAGE PATHOLOGIST, OR MENTAL HEALTH
PRACTITIONER.
(F) AS USED IN THIS SECTION, "HEALTH CARE PROVIDER" SHALL MEAN A
PERSON WHO IS LICENSED, CERTIFIED, OR AUTHORIZED UNDER TITLE VIII OF THE
EDUCATION LAW AND ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE AND
INCLUDES, BUT IS NOT LIMITED TO PERSONS SUBJECT TO ARTICLE ONE HUNDRED
THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-SIX, ONE
HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-SEVEN-A, ONE HUNDRED THIRTY-
NINE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-
FOUR, ONE HUNDRED FIFTY-SIX, ONE HUNDRED FIFTY-NINE OR ONE HUNDRED
SIXTY-THREE OF TITLE EIGHT OF THE EDUCATION LAW OR ANY OTHER PERSON
DESIGNATED AS A HEALTH CARE PROVIDER BY LAW, RULE, OR REGULATION.
§ 20. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 21. This act shall take effect immediately.