NY State Senate Bill S2475

Current Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2023	print number 2475b
May 31, 2023	amend and recommit to codes
Mar 28, 2023	reported and committed to codes
Mar 21, 2023	print number 2475a
Mar 21, 2023	amend (t) and recommit to judiciary
Jan 20, 2023	referred to judiciary

Votes

view votes

Mar 28, 2023 - Judiciary committee Vote

S2475A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

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S2475 - Details

Current Committee:: Senate Codes
Law Section:: Family Court Act
Laws Affected:: Add §659, Fam Ct Act; add §837-x, Exec L; amd §§3119 & 3102, CPLR; amd §140.10, add §570.19, CP L; amd §§6531-b & 6505-d, Ed L; amd §230, Pub Health L; amd §3436-a, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S8842

S2475 - Summary

Prohibits consideration of 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 in custody cases; prohibits law enforcement agencies from cooperating with or providing information to any individual or out-of-state agency or department regarding the provision of lawful gender-affirming care performed in this state; prohibits the issuance of a subpoena in connection with certain out-of-state proceedings relating to seeking health or related information about people who come to New York to receive gender-affirming care; prohibits the arrest of a person for performing or aiding in the lawful performance of gender-affirming care within this state… (view more) relates to the extradition of gender-affirming care providers; relates to licensure of health care providers; prohibits insurance providers from taking adverse action against a health care provider who provides gender-affirming care.

S2475 - Sponsor Memo

 
BILL NUMBER: S2475

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 affirming
care

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 659 to the family court act to ensure that
laws of another state that authorize a child to be removed from their
parent or guardian based on the parent or guardian allowing the child to
receive gender affirming care will not be enforced or applied in cases
pending in a court and that no court shall admit or consider findings of

abuse based on gender affirming care.

Section 2 adds a new section to the executive law 837-x that prohibits
state or local law enforcement agencies from cooperating with out-of-
state investigations regarding lawful gender affirming care performed in
the state.

Section 3 adds a new subdivision (h) to section 3119 of the civil prac-
tice law and rules to prohibit courts and county clerks from issuing a
subpoena in connection with an out-of-state proceeding relating to any
gender affirming care which was legally performed, sought, received or
supported in this state.

Section 4 amends subdivision e of section 3102 of the civil practice law
and rules to include gender affirming care.

Section 5 adds a new subdivision 3-b to section 140.10 of the criminal
procedure law to prohibit police officers from arresting any person for
performing or aiding in the procurement of gender affirming care within
the state.

Section 6 adds a new section 570.19 to the criminal procedure law that
prohibits the extradition of gender affirming care providers, seekers,
parents, guardians, and helpers for gender affirming care lawfully
performed in New York.

Section 7 amends subdivision 1 of section 6531-b of the education law to
define gender affirming care.

Section 8 amends subdivision 2 of section 6531-b of the education law to
include gender affirming care.

Section 9 amends subdivision 9-c of section 230 of the public health law
to include gender affirming care.

Section 10 amends section 6505-d of the education law to include gender
affirming care.
Section 11 amends subdivision 1 of section 3436-a of the insurance law
to include gender affirming care.

Section 12 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 2022, some estimates showed that 58,200
transgender youth are 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.  Criminalizing guardians and physicians who
help these young people receive this critical care makes it even harder.
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, would prohibit law enforcement
from cooperating with other states' investigations regarding gender
affirming care that took place legally, protects the health information
of people who come to New York to receive gender affirming care, and
protects physicians who provide gender affirming care in New York.

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:

S.8842A of 2021-2022 (Hoylman): Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

S2475 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2475
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, COONEY, HINCHEY, JACKSON, MAY, RIVERA
   -- read twice and ordered printed, and when printed to be committed to
   the Committee 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 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.
                                                            LBD01793-02-3

 S. 2475                             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
 AFFIRMING 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
 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:
 S. 2475                             3
 
   (C)  "GENDER  AFFIRMING  CARE"  MEANS  ANY TYPE OF CARE PROVIDED TO AN
 INDIVIDUAL WHO HAS SOUGHT AND INITIATED THAT CARE TO AFFIRM THEIR GENDER
 IDENTITY OR GENDER EXPRESSION.
   § 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
 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 practitioner be
 revoked, suspended, or annulled or otherwise subject to any other penal-
 ty  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  OR
 GENDER  AFFIRMING CARE, as defined in 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, recommen-
 dation or provision of such reproductive health services 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 for a patient who resides in a
 state wherein the performance, recommendation, or provision of any  such
 reproductive  health  services OR GENDER AFFIRMING 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  other-
 wise 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
 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
 S. 2475                             4
 
 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.

Co-Sponsors

view additional co-sponsors

S2475A - Details

Current Committee:: Senate Codes
Law Section:: Family Court Act
Laws Affected:: Add §659, Fam Ct Act; add §837-x, Exec L; amd §§3119 & 3102, CPLR; amd §140.10, add §570.19, CP L; amd §§6531-b & 6505-d, Ed L; amd §230, Pub Health L; amd §3436-a, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S8842

S2475A - Summary

S2475A - Sponsor Memo

 
BILL NUMBER: S2475A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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-affirming
care

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

  Section  1  adds  a  new section 659 to the family court act to ensure
that laws of another state that authorize a child  to  be  removed  from
their  parent  or  guardian based on the parent or guardian allowing the
child to receive gender affirming care will not be enforced  or  applied
in  cases  pending  in a court and that no court shall admit or consider

findings of abuse based on gender affirming care.

  Section 2 adds a new section to the executive law 837-x that prohibits
state or local law enforcement agencies from  cooperating  with  out-of-
state investigations regarding lawful gender affirming care performed in
the state.

  Section  3  adds  a  new  subdivision (h) to section 3119 of the civil
practice law and rules to prohibit courts and county clerks from issuing
a subpoena in connection with an out-of- state  proceeding  relating  to
any  gender affirming care which was legally performed, sought, received
or supported in this state.

  Section 4 amends subdivision e of section 3102 of the  civil  practice
law and rules to include gender affirming care.

  Section 5 adds a new subdivision 3-b to section 140.10 of the criminal
procedure  law to prohibit police officers from arresting any person for
performing or aiding in the procurement of gender affirming care  within
the state.

  Section 6 adds a new section 570.19 to the criminal procedure law that
prohibits  the  extradition of gender affirming care providers, seekers,
parents, guardians, and  helpers  for  gender  affirming  care  lawfully
performed in New York.

  Section  7 amends subdivision 1 of section 6531-b of the education law
to define gender affirming care.

  Section 8 amends subdivision 2 of section 6531-b of the education  law
to include gender affirming care.

  Section  9  amends subdivision 9-c of section 230 of the public health
law to include gender affirming care.

  Section 10 amends section 6505-d  of  the  education  law  to  include
gender affirming care.
  Section 11 amends subdivision 1 of section 3436-a of the insurance law
to include gender affirming care.

  Section 12 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 2022,  some  estimates  showed  that  58,200
transgender  youth  are 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.  Criminalizing guardians and physicians who
help these young people receive this critical care makes it even harder.
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, would prohibit law  enforcement
from  cooperating  with  other  states'  investigations regarding gender
affirming care that took place legally, protects the health  information
of  people  who  come  to New York to receive gender affirming care, and
protects physicians who provide gender affirming care in New York.

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:

S.8842A of 2021-2022 (Hoylman): Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

S2475A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2475--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, BROUK, COONEY, GOUNARDES, HINCHEY,
   JACKSON, MAY, PARKER, RAMOS,  RIVERA,  SEPULVEDA  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01793-03-3

 S. 2475--A                          2
 
 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  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.
 S. 2475--A                          3
 
   §  7.  Subdivision 1 of section 6531-b of the education law is amended
 by adding a new paragraph (c) to read as follows:
   (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:
 S. 2475--A                          4
 
   § 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 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.

Co-Sponsors

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S2475B (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Family Court Act
Laws Affected:: Add §659, Fam Ct Act; add §837-x, Exec L; amd §§3119 & 3102, CPLR; amd §140.10, add §570.19, CP L; amd §§6531-b & 6505-d, Ed L; amd §230, Pub Health L; amd §3436-a, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S8842

S2475B (ACTIVE) - Summary

S2475B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2475B

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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-affirming
care

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 659 to the family court act to ensure that
laws of another state that authorize a child to be removed from their
parent or guardian based on the parent or guardian allowing the child to
receive gender affirming care will not be enforced or applied in cases
pending in a court and that no court shall admit or consider findings of

abuse based on gender affirming care.

Section 2 adds a new section to the executive law 837-x that prohibits
state or local law enforcement agencies from cooperating with out-of-
state investigations regarding lawful gender affirming care performed in
the state.

Section 3 adds a new subdivision (h) to section 3119 of the civil prac-
tice law and rules to prohibit courts and county clerks from issuing a
subpoena in connection with an out-of-state proceeding relating to any
gender affirming care which was legally performed, sought, received or
supported in this state.

Section 4 amends subdivision e of section 3102 of the civil practice law
and rules to include gender affirming care.

Section 5 adds a new subdivision 3-b to section 140.10 of the criminal
procedure law to prohibit police officers from arresting any person for
performing or aiding in the procurement of gender affirming care within
the state.

Section 6 adds a new section 570.19 to the criminal procedure law that
prohibits the extradition of gender affirming care providers, seekers,
parents, guardians, and helpers for gender affirming care lawfully
performed in New York.

Section 7 amends subdivision 1 of section 6531-b of the education law to
define gender affirming care.

Section 8 amends subdivision 2 of section 6531-b of the education law to
include gender affirming care.

Section 9 amends subdivision 9-c of section 230 of the public health law
to include gender affirming care.

Section 10 amends section 6505-d of the education law to include gender
affirming care.
Section 11 amends subdivision 1 of section 3436-a of the insurance law
to include gender affirming care.

Section 12 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 2022, some estimates showed that 58,200
transgender youth are 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.

Criminalizing guardians and physicians who help these young people
receive this critical care makes it even harder. 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, would prohibit law enforcement from cooperating with
other states' investigations regarding gender affirming care that took
place legally, protects the health information of people who come to New
York to receive gender affirming care, and protects physicians who
provide gender affirming care in New York.

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:

S.8842A of 2021-2022 (Hoylman): Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

S2475B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2475--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BROUK,  COMRIE, COONEY, GIANARIS,
   GOUNARDES, HINCHEY, JACKSON, KENNEDY, KRUEGER, LIU, MAY, MAYER,  PARK-
   ER,  RAMOS, RIVERA, SEPULVEDA, WEBB -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee  and  committed to the Committee on Codes -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01793-09-3
 S. 2475--B                          2

 
   §  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
 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
 S. 2475--B                          3
 
 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:
   (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
 S. 2475--B                          4
 
 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
 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. The section heading and subsection (a) of section 3436-a of  the
 insurance  law,  as amended by section 4 of part LL of chapter 57 of the
 laws of 2023, are amended to read as follows:
   Adverse action against legal reproductive health  care  OR  GENDER-AF-
 FIRMING  CARE.  (a) Every insurer that issues or renews medical malprac-
 tice 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-AF-
 FIRMING CARE 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 tele-
 health.
   § 12. This act shall take effect immediately.

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The New York State Senate

senate Bill S2475

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senate Bill S2475

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Current Bill Status - In Senate Committee Codes Committee

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Mar 28, 2023 - Judiciary committee Vote

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