NY State Senate Bill 2023-S7506A

Senate Bill S7506A

2023-2024 Legislative Session

Relates to certain prohibitions regarding the legal system and gender-affirming care; repealer

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Current Bill Status - In Senate Committee Children And Families Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2024	print number 7506a
Apr 04, 2024	amend (t) and recommit to children and families
Jan 03, 2024	referred to children and families
Jun 01, 2023	referred to children and families

Bill Amendments

Original

A (Active)

2023-S7506 - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §659, Fam Ct Act; amd §§76, 76-c, 76-f, 76-g & 77-l, Dom Rel L; amd §570.17, rpld §570.19, §140.10 sub 3-b, CP L; rpld §837-x, amd §837-x, Exec L; rpld §3119 sub (h), amd §§3119, 3102 & 4550, CPLR; amd §§6510 & 6531-b, add §6509-f, Ed L; amd §3436-a, Ins L

2023-S7506 - Summary

Declares that a law authorizing a child to be removed 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; relates to forum in domestic relations cases.

2023-S7506 - Sponsor Memo

                                 
BILL NUMBER: S7506

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the family court act and the domestic relations law, in
relation to gender-affirming care

 
PURPOSE:

Relates to certain prohibitions regarding the legal system and gender-
affirming care

 
SUMMARY OF PROVISIONS:

Section 1 amends the family court act and other laws relation to
gender-affirming care to state that a law that authorizes a child to be
removed from their parent on the basis of gender-affirming care is
against the public policy of this state.

Section 2 adds a new subdivision 4 to section 76 of the domestic
relations law in relation to the presence of a child in the state to

receive gender-affirming care

Section 3 amends subdivision 1 of section 76-c of the domestic relations
law with regard to a child's presence in the state due to their inabili-
ty to receive gender-affirming care.

Section 4 adds a new subdivision 3 of section 76-f of the domestic
relations law with regard to a forum determination on the basis of
gender-affirming care.

Section 5 amends subdivision 4 of 76-g for the purposes of gender-af-
firming care

Section 6 amends section 77-1 of the domestic relations law to incorpo-
rates provisions around the removal of a child from their parent or
guardian based on gender-affirming care.

Section 7 adds severability.

Section 8 is the effective date.

 
JUSTIFICATION:

Across the country, states are proposing criminal sentences for parents
who allow their kids to receive gender-affirming care and for physicians
who provide it. As of March 2023, some estimates showed that 144,00
transgender youth lost or remain at risk of losing access to crucial
care because of these state bans and policies. Research shows that
access to gender-affirming care for transgender young people reduces
risk for depression, psychological distress, and suicidal ideation.
Transgender young people already face extreme barriers when it comes to
getting the care they need, from stigma, to discrimination, systemic
hurdles, and lack of insurance coverage for care. This legislation will
make New York a haven for transgender kids and families whose rights are
under attack nationwide by ensuring that kids cannot be separated from
their parent or guardian for their help in getting their kid gender
affirming care,
While states across the country criminalize and roll back access to
gender affirming care, New York continues to pass progressive policies
that expand access to gender affirming care. This bill will help New
York combat state policies that attempt to ban gender affirming care and
punish kids, their families, and their providers beyond their borders.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2023-S7506 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7506
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the family court act and the domestic relations law,  in
   relation to gender-affirming care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 659 of the family  court  act,  as
 added by a chapter of the laws of 2023 amending the family court act and
 other laws relating to gender-affirming care, as proposed in legislative
 bills numbers S. 2475-B and A. 6046-B, is amended to read as follows:
   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 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.
   § 2. Section 76 of the domestic relations law is amended by  adding  a
 new subdivision 4 to read as follows:
   4.  THE PRESENCE OF A CHILD IN THIS STATE FOR THE PURPOSE OF OBTAINING
 GENDER-AFFIRMING CARE, AS DEFINED BY SECTION SIXTY-FIVE HUNDRED  THIRTY-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11693-01-3

 S. 7506                             2
 
   §  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 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.
   §  7.  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.
   § 8. This act shall take effect immediately.

co-Sponsors

2023-S7506A (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §659, Fam Ct Act; amd §§76, 76-c, 76-f, 76-g & 77-l, Dom Rel L; amd §570.17, rpld §570.19, §140.10 sub 3-b, CP L; rpld §837-x, amd §837-x, Exec L; rpld §3119 sub (h), amd §§3119, 3102 & 4550, CPLR; amd §§6510 & 6531-b, add §6509-f, Ed L; amd §3436-a, Ins L

2023-S7506A (ACTIVE) - Summary

2023-S7506A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7506A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the family court act, the domestic relations law, the
criminal procedure law, the executive law, the civil practice law and
rules, the education law and the insurance law, in relation to gender-
affirming care; to repeal section 570.19 of the criminal procedure law
relating to the extradition of gender-affirming  care  providers,  seek-
ers, parents, guardians, and helpers; to repeal subdivision 3-b of
section 140.10 of the criminal procedure law relating to the arrest of
any person for performing or aiding in the performance of gender-affirm-
ing care within this state; to repeal section 837-x of the executive law
relating to cooperation with certain out-of-state investigations; and to
repeal subdivision (h) of section 3119 of the civil practice law and
rules relating to subpoenas  related  to gender-affirming care

 
PURPOSE:  Relates to certain prohibitions regarding the legal system
and gender-affirming care

 
SUMMARY OF PROVISIONS:

Section 1 amends the family court act and other laws relation to
gender-affirming care to state that a law that authorizes a child to be
removed from their parent on the basis of gender-affirming care is
against the public policy of this state.

Section 2 adds a new subdivision 4 to section 76 of the domestic
relations law in relation to the presence of a child in the state to
receive gender-affirming care.

Section 3 amends subdivision 1 of section 76-c of the domestic relations
law with regard to a child's presence in the state due to their inabili-
ty to receive gender-affirming care.

Section 4 adds a new subdivision 3 of section 76-f of the domestic
relations law with regard to a forum determination on the basis of
gender-affirming care.

Section 5 amends subdivision 4 of 76-g for the purposes of gender-af-
firming care.

Section 6 amends section 77-1 of the domestic relations law to incorpo-
rate provisions around the removal of a child from their parent or guar-
dian based on gender-affirming care.

Section 7 amends section 570.17 of the criminal procedure law to incor-
porate gender-affirming care under "legally protected health activity."

Section 8 repeals section 570.19 of the criminal procedure law.

Section 9 repeals subdivision 3-b of section 140.10 of the criminal
procedure law.

Section 10 amends 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 to incorporate the definition of gender-
affirming care.

Section 11 repeals section 837-x of the executive law, as added by chap-
ter 143 of the laws of 2023.

Section 12 repeals subdivision (h) of section 3119 of the civil practice
law and rules.

Section 13 amends 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 regarding out-of-state
proceedings of gender-affirming care.

Section 14 amends subdivision (e) of section 3102 of the civil practice
law and rules, as separately amended by chapters 138 and 143 of the laws
of 2023 to incorporate gender-affirming care.

Section 15 amends section 4550 of the civil practice law and rules, as
added by chapter 138 of the laws of 2023 to incorporate gender-affirming
care.

Section 16 amends subdivision 1 of section 6510 of the education law to
disallow misconduct charges of a licensee based upon their involvement
of providing reproductive health services or gender-affirming care.

Section 17 amends subdivision 2 of section 6531-b of the education law,
as separately amended by chapters 138 and 143 of the laws of 2023 to
incorporate gender-affirming care regarding health care practitioners.

Section 18 adds a new section 6509-f to the education law to create a
limited exemption from professional misconduct where reproductive health
services or gender-affirming care services are provided to individuals
within jurisdictions in which these services are illegal.

Section 19 amends subsection (a) of section 3436-a of the insurance law,
as separately amended by chapters 138 and 143 of the laws of 2023, and
includes new subsections (e) and (f) to include professional liability
insurance.

Section 20 adds severability.

Section 21 is the effective date.

 
JUSTIFICATION:

Across the country, states are proposing criminal sentences for parents
who allow their kids to receive gender-affirming care and for physicians
who provide it. As of March 2023, some estimates showed that 144,00
transgender youth lost or remain at risk of losing access to crucial
care because of these state bans and policies. Research shows that
access to gender-affirming care for transgender young people reduces
risk for depression, psychological distress, and suicidal ideation.
Transgender young people already face extreme barriers when it comes to
getting the care they need, from stigma, to discrimination, systemic
hurdles, and lack of insurance coverage for care. This legislation will
make New York a haven for transgender kids and families whose rights are
under attack nationwide by ensuring that kids cannot be separated from
their parent or guardian for their help in getting their kid gender
affirming care, while states across the country criminalize and roll
back access to gender-affirming care, New York continues to pass
progressive policies that expand access to gender affirming care. This
bill will help New York combat state policies that attempt to ban gender
affirming care and punish kids, their families, and their providers
beyond their borders.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S7506A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7506--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
   -- recommitted to the Committee on Children and Families in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the family court act, the domestic relations law, the
   criminal procedure law, the executive law, the civil practice law  and
   rules,  the  education  law  and  the  insurance  law,  in relation to
   gender-affirming care; to repeal section 570.19 of the criminal proce-
   dure law  relating  to  the  extradition  of  gender-affirming    care
   providers,  seekers, parents, guardians, and helpers; to repeal subdi-
   vision 3-b of section 140.10 of the criminal procedure law relating to
   the  arrest  of any person for performing or aiding in the performance
   of gender-affirming care within this state; to repeal section 837-x of
   the executive law relating to cooperation  with  certain  out-of-state
   investigations;  and  to repeal subdivision (h) of section 3119 of the
   civil practice law and rules  relating  to  subpoenas    related    to
   gender-affirming care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 659 of the family  court  act,  as
 added by chapter 101 of the laws of 2024, is amended to read as follows:
   1.  A  law  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 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.
   § 2. Section 76 of the domestic relations law is amended by  adding  a
 new subdivision 4 to read as follows:
   4.  THE PRESENCE OF A CHILD IN THIS STATE FOR THE PURPOSE OF OBTAINING
 GENDER-AFFIRMING CARE, AS DEFINED BY SECTION SIXTY-FIVE HUNDRED  THIRTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11693-04-4

 S. 7506--A                          2
 
 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.
 S. 7506--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
 S. 7506--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
 S. 7506--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,
 S. 7506--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
 S. 7506--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.

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