S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8627
 
                           I N  A S S E M B L Y
 
                             January 16, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the family court act, the executive law, the civil prac-
   tice law and rules, the criminal procedure law, the public health law,
   the education law and the insurance law, in relation to gender-affirm-
   ing care
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 659 of the family court act, as added by a chapter
 of the laws of 2023 amending the family court act,  the  executive  law,
 the civil practice law and rules, the criminal procedure law, the educa-
 tion  law,  the  public  health  law  and  the insurance law relating to
 gender-affirming care, as  proposed  in  legislative  bills  numbers  S.
 2475-B and A. 6046-B, is amended to read as follows:
   §  659.  Consideration of law allowing gender-affirming care. 1. A law
 [of another state] that authorizes a child  to  be  removed  from  their
 parent  or guardian based on the parent or guardian allowing their child
 to receive gender-affirming care shall not be enforced or applied  in  a
 case pending in a court in this state.
   2.  No court in this state shall admit or consider a finding of abuse,
 NEGLECT OR MALTREATMENT based on the parent or guardian  allowing  their
 child  to  receive  or  seek  gender-affirming  care  as evidence in any
 proceeding with respect to that parent or  guardian  and  any  of  their
 children,  unless  such  conduct  would  constitute  abuse,  NEGLECT  OR
 MALTREATMENT under the laws of  this  state  [if  it  occurred  in  this
 state].
   3.  FOR  PURPOSES  OF THIS SECTION, "GENDER-AFFIRMING CARE" SHALL HAVE
 THE SAME MEANING AS DEFINED IN  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF
 SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW.
   §  2. Section 837-x of the executive law, as added by a chapter of the
 laws of 2023 amending the family court act, the executive law, the civil
 practice law and rules, the criminal procedure law, the  education  law,
 the public health law and the insurance law relating to gender-affirming
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01793-12-4
              

 A. 8627                             2
 
 care, as proposed in legislative bills numbers S.  2475-B and A. 6046-B,
 is amended to read as follows:
   §  837-x.  Cooperation  with  certain  out-of-state investigations. No
 state or local law enforcement agency shall cooperate  with  or  provide
 information  to  any  individual  or  out-of-state  agency or department
 regarding the provision, seeking, or assistance in provision or  seeking
 of lawful gender-affirming care, AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
 SION  ONE  OF  SECTION  SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION
 LAW, performed in this state. Nothing in this section shall prohibit the
 investigation of any criminal activity in this state which  may  involve
 the  performance  of  gender-affirming care provided that no information
 relating to any medical procedure performed on a specific individual may
 be shared with an out-of-state agency or any other individual.
   § 3. Subdivision (h) of section 3119 of the  civil  practice  law  and
 rules,  as  added  by  a chapter of the laws of 2023 amending the family
 court act, the executive law, the civil  practice  law  and  rules,  the
 criminal procedure law, the education law, the public health law and the
 insurance law relating to gender-affirming care, as proposed in legisla-
 tive  bills  numbers  S.  2475-B  and  A.  6046-B, is amended to read as
 follows:
   (h) Subpoenas related to gender-affirming care.   Notwithstanding  any
 other provisions of law, no court or county clerk shall issue a subpoena
 under  this section in connection with an out-of-state proceeding relat-
 ing to any gender-affirming care, AS DEFINED IN PARAGRAPH (C) OF  SUBDI-
 VISION  ONE  OF SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION
 LAW, which was legally performed, sought, received, or supported in this
 state, unless  such  out-of-state  proceeding  (1)  sounds  in  tort  or
 contract, or is based on statute, (2) is actionable, in an equivalent or
 similar manner, under the laws of this state, and (3) was brought by the
 patient  who  received the gender-affirming care, or the patient's legal
 representative.
   § 4. Subdivision (e) of section 3102 of the  civil  practice  law  and
 rules,  as  amended by a chapter of the laws of 2023 amending the family
 court act, the executive law, the civil  practice  law  and  rules,  the
 criminal procedure law, the education law, the public health law and the
 insurance law relating to gender-affirming care, as proposed in legisla-
 tive  bills  numbers  S.  2475-B  and  A.  6046-B, 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 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 abortion services or procedures or gender-affirming care, AS DEFINED
 IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE  HUNDRED THIR-
 TY-ONE-B  OF  THE  EDUCATION  LAW,  which were legally performed in this
 state, unless  such  out-of-state  proceeding  (1)  sounds  in  tort  or
 contract, or is based on statute, (2) is actionable, in an equivalent or
 similar manner, under the laws of this state, and (3) was brought by the
 A. 8627                             3
 
 patient  who  received reproductive healthcare or gender-affirming care,
 or the patient's legal representative.
   §  5. Subdivision 3-b of section 140.10 of the criminal procedure law,
 as added by a chapter of the laws of 2023 amending the family court act,
 the executive law, the civil practice law and rules, the criminal proce-
 dure law, the education law, the public health law and the insurance law
 relating to gender-affirming care,  as  proposed  in  legislative  bills
 numbers S. 2475-B and A. 6046-B, is amended to read as follows:
   3-b.  A  police  officer  may  not arrest any person for performing or
 aiding in the performance of gender-affirming care, AS DEFINED IN  PARA-
 GRAPH  (C) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B
 OF THE EDUCATION LAW, within this state, or in procuring  or  aiding  in
 the  procurement  of gender-affirming care in this state, if the gender-
 affirming care is performed in accordance with  the  provisions  of  any
 other applicable law of this state.
   § 6. Section 570.19 of the criminal procedure law, as added by a chap-
 ter  of  the  laws  of 2023 amending the family court act, the executive
 law, the civil practice law and rules, the criminal procedure  law,  the
 education  law,  the public health law and the insurance law relating to
 gender-affirming care, as  proposed  in  legislative  bills  numbers  S.
 2475-B and A. 6046-B, is amended to read as follows:
 § 570.19 Extradition   of   gender-affirming  care  providers,  seekers,
            parents, guardians, and helpers.
   No demand for the extradition of a person subject to criminal  liabil-
 ity  that  is in whole or part based on the alleged provision or receipt
 of, support for, or any theory of vicarious, joint, several or conspira-
 cy liability for gender-affirming care, AS DEFINED IN PARAGRAPH  (C)  OF
 SUBDIVISION ONE OF SECTION SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCA-
 TION  LAW,  lawfully  performed  in  New York shall be recognized by the
 governor unless the executive authority of  the  demanding  state  shall
 allege in writing that the accused was present in the demanding state at
 the  time  of the commission of the alleged offense, and that thereafter
 he, she or they fled from that state.
   § 7. Paragraph (a) of subdivision 9-c of section  230  of  the  public
 health  law,  as  amended  by a chapter of the laws of 2023 amending the
 family court act, the executive law, the civil practice law  and  rules,
 the criminal procedure law, the education law, the public health law and
 the  insurance  law  relating  to  gender-affirming care, as proposed in
 legislative bills numbers S. 2475-B and A. 6046-B, is amended to read as
 follows:
   (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  inves-
 tigated  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,
 or gender-affirming care, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE
 OF 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 or gender-affirming care is illegal.
 A. 8627                             4
 
   §  8.  Section 6505-d of the education law, as amended by a chapter of
 the laws of 2023 amending the family court act, the executive  law,  the
 civil  practice law and rules, the criminal procedure law, the education
 law, the public health law and the insurance law relating to  gender-af-
 firming  care, as proposed in legislative bills numbers S. 2475-B and A.
 6046-B, is amended 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
 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, or gender-affirming care,  AS  DEFINED
 IN  PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE HUNDRED THIR-
 TY-ONE-B OF THE EDUCATION 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.
   § 9. Subsection (a) of section 3436-a of the insurance law, as amended
 by  a  chapter  of  the  laws of 2023 amending the family court act, the
 executive law, the civil practice law and rules, the criminal  procedure
 law,  the  education  law,  the  public health law and the insurance law
 relating to gender-affirming care,  as  proposed  in  legislative  bills
 numbers S. 2475-B and A. 6046-B, is amended to read as follows:
   (a)  Every insurer that issues or renews medical malpractice 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 performs an
 abortion or provides reproductive health care 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
 on  someone  who  is  from  out  of the state. Such policy shall include
 health care providers who legally prescribe abortion medication to  out-
 of-state patients by means of telehealth.
   §  10.  This  act  shall  take effect on the same date and in the same
 manner as a chapter of the laws of 2023 amending the family  court  act,
 the executive law, the civil practice law and rules, the criminal proce-
 dure law, the education law, the public health law and the insurance law
 relating  to  gender-affirming  care,  as  proposed in legislative bills
 numbers S. 2475-B and A. 6046-B, takes effect.