S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6046
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 31, 2023
                                ___________
 
 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 and the criminal  procedure  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. The family court act is amended by adding a new section 659
 to read as follows:
   § 659. CONSIDERATION OF LAW ALLOWING GENDER AFFIRMING CARE. 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 ADMISSIBLE WITH REGARD TO
 A CHILD PRESENT IN THIS STATE.
   §  2.  The  executive  law is amended by adding a new section 837-x 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  OF  LAWFUL GENDER AFFIRMING CARE 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.  Section  3119 of the civil practice law and rules is amended by
 adding a new subdivision (h) 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 SEEKING HEALTH OR RELATED INFORMATION ABOUT PEOPLE  WHO  COME  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01793-01-3
              

 A. 6046                             2
 
 NEW  YORK  TO  RECEIVE  GENDER AFFIRMING CARE IF THE SUBPOENA RELATES TO
 EFFORTS TO CRIMINALIZE INDIVIDUALS OR REMOVE CHILDREN BASED ON  INDIVID-
 UALS RECEIVING GENDER AFFIRMING CARE IN THIS STATE.
   § 4. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 3-b to read as follows:
   3-B.  A  POLICE  OFFICER SHALL NOT ARREST ANY PERSON FOR PERFORMING OR
 AIDING IN THE PERFORMANCE OF GENDER AFFIRMING CARE WITHIN THIS STATE, OR
 IN PROCURING GENDER AFFIRMING CARE IN THIS STATE, IF THE GENDER  AFFIRM-
 ING  CARE  IS  PERFORMED  IN ACCORDANCE WITH THE PROVISIONS OF ANY OTHER
 APPLICABLE LAW OF THIS STATE.
   § 5. The criminal procedure law is amended by  adding  a  new  section
 570.15 to read as follows:
 § 570.15 EXTRADITION OF GENDER AFFIRMING CARE PROVIDERS.
   NO  DEMAND  FOR  THE  EXTRADITION  OF  A PERSON CHARGED WITH PROVIDING
 GENDER AFFIRMING CARE 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 SUCH STATE.
   § 6. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6046--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 31, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on  Judiciary  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the family court act, the executive law, the civil prac-
   tice law and rules, the criminal procedure law, the education law, the
   public health 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. The family court act is amended by adding a new section 659
 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
 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  UNDER  THE  LAWS OF THIS STATE IF IT OCCURRED IN THIS
 STATE.
   § 2. The executive law is amended by adding a  new  section  837-x  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01793-05-3
              

 A. 6046--A                          2
 
 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.  Section  3119 of the civil practice law and rules is amended by
 adding a new subdivision (h) 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 WHICH WAS  LEGALLY  PERFORMED,  SOUGHT,
 RECEIVED,  OR SUPPORTED IN THIS STATE, UNLESS SUCH OUT-OF-STATE PROCEED-
 ING (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-AF-
 FIRMING CARE, OR THE PATIENT'S LEGAL REPRESENTATIVE.
   §  4.    Subdivision (e) of section 3102 of the civil practice law and
 rules, as amended by chapter 219 of the laws of 2022, 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 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 patient who received reproductive  healthcare  OR
 GENDER-AFFIRMING CARE, or the patient's legal representative.
   § 5. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 3-b 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 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.  The  criminal  procedure law is amended by adding a new section
 570.19 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 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. Subdivision 1 of section 6531-b of the education law  is  amended
 by adding a new paragraph (c) to read as follows:
 A. 6046--A                          3
 
   (C)  "GENDER-AFFIRMING  CARE"  MEANS  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.
   § 8. Subdivision 2 of section 6531-b of the education law, as added by
 chapter 220 of the laws of 2022, 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, 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,
 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.
   § 9. Subdivision 9-c of section 230 of the public health law, as added
 by chapter 220 of the laws of 2022, is amended to read as follows:
   9-c.  (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 investigated 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 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.
   (b) When a licensee, acting within their scope  of  practice,  and  in
 accordance  with  paragraph  e of subdivision four of section sixty-five
 hundred twenty-seven of  the  education  law,  performs,  recommends  or
 provides any reproductive health services OR GENDER-AFFIRMING CARE for a
 patient  who resides in a state wherein the performance, recommendation,
 or provision of any such reproductive health services OR  GENDER-AFFIRM-
 ING  CARE  is illegal, such performance, recommendation, or provision of
 such reproductive health services  OR  GENDER-AFFIRMING  CARE  for  such
 patient,  shall not, by itself, constitute professional misconduct.  The
 licensee shall otherwise abide  by  all  other  applicable  professional
 requirements.
   §  10. Section 6505-d of the education law, as added by chapter 220 of
 the laws of 2022, 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
 A. 6046--A                          4
 
 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 shall not be
 denied such  licensure,  certification,  or  authorization,  unless  the
 department  determines  that  such action would have constituted profes-
 sional misconduct in this state. Provided however, that nothing in  this
 section shall be construed as prohibiting the department from evaluating
 the conduct of such applicant and making a determination to be licensed,
 certified, or authorized to practice a profession under this title.
   §  11. Section 3436-a of the insurance law, as added by chapter 221 of
 the laws of 2022, is amended to read as follows:
   § 3436-a. [1.] Adverse action against legal reproductive  health  care
 OR  GENDER  AFFIRMING-CARE.    1.  Every  insurer which 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 that is legal in the state  of  New
 York  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.
   2.  As  used  in  this section, "adverse action" shall mean but not be
 limited to: (a) refusing to renew or execute  a  contract  or  agreement
 with  a  health  care  provider; (b) making a report or commenting to an
 appropriate private or governmental entity regarding practices  of  such
 provider  which  may  violate  abortion  laws  in  other states; and (c)
 increasing in any charge for, or a reduction or other adverse  or  unfa-
 vorable change in the terms of coverage or amount for, any medical malp-
 ractice insurance contract or agreement with a health care provider.
   § 12. This act shall take effect immediately.