S. 4914--A 2
personal medical decisions, including reproductive and gender-affirming
health care.
The legislature further finds that, despite the vital importance of
reproductive and gender-affirming health care, those who seek, provide,
or facilitate such health care are facing an unprecedented risk that
they will be targeted or penalized for doing so. The state has a strong
public policy of promoting access to these vital forms of health care
for residents and non-residents alike, and of maintaining New York's
status as a beacon of reproductive freedom, health care access, and
equality for all. Efforts to penalize or restrict reproductive or
gender-affirming care have a chilling effect on access to this important
health care for all individuals, and accordingly threaten each person's
health and bodily autonomy.
To secure the fundamental right to bodily autonomy and ensure access
to health care, the legislature finds it is critical to enact
protections to shield those who seek, provide, or facilitate reproduc-
tive or gender-affirming health care from efforts to restrict or penal-
ize them for doing so.
In order to fully effectuate this purpose, the legislature finds and
affirms that this act's protections must apply not just to those who
seek or provide health care, but also to those who facilitate it, such
as organizations that offer financial assistance to people in need,
internet service providers that host websites offering accurate health
information, or a friend who drives their loved one to the clinic.
Facilitators play an important role in ensuring access to health care,
and efforts to restrict or penalize them because of their assistance in
the exercise of these important rights have a chilling effect on access
to care and thereby impinge upon the fundamental rights to privacy,
equality, and bodily autonomy.
§ 2. Section 3119 of the civil practice law and rules, as added by
chapter 29 of the laws of 2010, subdivision (g) as amended by chapter
138 of the laws of 2023, paragraph 1 of subdivision (g) as amended by
chapter 89 of the laws of 2024, and subdivision (h) as amended by chap-
ter 101 of the laws of 2024, is amended to read as follows:
§ 3119. Uniform interstate depositions and discovery. (a) Definitions.
For purposes of this section:
(1) "Out-of-state subpoena" means a subpoena issued under authority of
a court of record of a state other than this state.
(2) "Person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint
venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity.
(3) "State" means a state of the United States, the District of Colum-
bia, Puerto Rico, the United States Virgin Islands, or any territory or
insular possession subject to the jurisdiction of the United States.
(4) "Subpoena" means a document, however denominated, issued under
authority of a court of record requiring a person to:
(i) attend and give testimony at a deposition;
(ii) produce and permit inspection and copying of designated books,
documents, records, electronically stored information, or tangible
things in the possession, custody or control of the person; or
(iii) permit inspection of premises under the control of the person.
(5) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE THE SAME MEANING AS
DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
(6) "GENDER-AFFIRMING CARE" SHALL HAVE THE SAME MEANING AS DEFINED BY
SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
S. 4914--A 3
(7) "REPRODUCTIVE HEALTH CARE" SHALL HAVE THE SAME MEANING AS DEFINED
BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
(b) Issuance of subpoena. (1) To request issuance of a subpoena under
this section, a party must submit an out-of-state subpoena to the county
clerk in the county in which discovery is sought to be conducted in this
state. A request for the issuance of a subpoena under this section does
not constitute an appearance in the courts of this state EXCEPT AS
PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH TWO OF THIS SUBDIVISION.
(2) [When] (I) ANY REQUEST FOR THE ISSUANCE OF A SUBPOENA UNDER PARA-
GRAPH ONE OF THIS SUBDIVISION AND ANY SUBPOENA ISSUED UNDER PARAGRAPH
FIVE OF THIS SUBDIVISION SHALL INCLUDE AN AFFIRMATION UNDER PENALTY OF
PERJURY THAT SUCH SUBPOENA EITHER:
(A) IS NOT RELATED TO ANY INVESTIGATION OR PROCEEDING THAT SEEKS TO
IMPOSE CIVIL OR CRIMINAL LIABILITY, PROFESSIONAL SANCTIONS, OR ANY OTHER
LEGAL CONSEQUENCES UPON A PERSON FOR ANY LEGALLY PROTECTED HEALTH ACTIV-
ITY; OR
(B) IS RELATED TO SUCH AN INVESTIGATION OR PROCEEDING, BUT FALLS WITH-
IN AN EXCEPTION PROVIDED IN SUBPARAGRAPH (I) OF PARAGRAPH ONE OF SUBDI-
VISION (G) OF THIS SECTION. SUCH AFFIRMATION SHALL IDENTIFY WHICH EXCEP-
TION APPLIES TO THE REQUEST.
(II) A PARTY THAT SUBMITS A FALSE AFFIRMATION PURSUANT TO THIS SECTION
SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR ANY
SUIT, PENALTIES, OR DAMAGES ARISING OUT OF SUCH FALSE AFFIRMATION. A
COURT SHALL ASSESS A STATUTORY PENALTY OF FIFTEEN THOUSAND DOLLARS PER
VIOLATION IF THE COURT FINDS SUCH FALSE AFFIRMATION WAS MADE INTEN-
TIONALLY, KNOWINGLY, WILLINGLY OR RECKLESSLY. THIS SHALL BE IN ADDITION
TO ANY OTHER LEGAL OR EQUITABLE REMEDY LAWFULLY AVAILABLE. THE ATTORNEY
GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING FOR DAMAGES AND/OR
PENALTIES AGAINST ANY PARTY THAT SUBMITS A FALSE AFFIRMATION PURSUANT TO
THIS SUBPARAGRAPH.
(III) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
PURSUANT TO THIS PARAGRAPH SHALL BE COMMENCED WITHIN SIX YEARS OF EITHER
(A) THE DATE ON WHICH THE INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS
THAT SUCH FALSE AFFIRMATION ACCOMPANIED WAS FILED WITH THE COUNTY CLERK,
FOR SUBPOENAS REQUESTED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION;
OR (B) THE DATE ON WHICH THE SUBPOENA WAS ISSUED, FOR SUBPOENAS ISSUED
PURSUANT TO PARAGRAPH FIVE OF THIS SUBDIVISION.
(3) EXCEPT AS PROVIDED BY SUBDIVISION (G) OF THIS SECTION, WHEN a
party submits an out-of-state subpoena to the county clerk, the clerk,
in accordance with that court's procedure and subject to the provisions
of article twenty-three of this chapter, shall promptly issue a subpoena
for service upon the person to which the out-of-state subpoena is
directed.
[(3)] (4) A subpoena under paragraph [two] THREE of this subdivision
must:
(i) incorporate the terms used in the out-of-state subpoena; [and]
(ii) contain or be accompanied by the names, addresses and telephone
numbers of all counsel of record in the proceeding to which the subpoena
relates and of any party not represented by counsel; AND
(III) INCLUDE THE AFFIRMATION REQUIRED BY PARAGRAPH TWO OF THIS SUBDI-
VISION.
[(4)] (5) Notwithstanding paragraph one of this subdivision, AND
EXCEPT AS PROVIDED BY SUBDIVISION (G) OF THIS SECTION, if a party to an
out-of-state proceeding retains an attorney licensed to practice in this
state, and that attorney receives the original or a true copy of an
S. 4914--A 4
out-of-state subpoena, the attorney may issue a subpoena under this
section.
(c) Service of subpoena. A subpoena issued under this section must be
served in compliance with sections two thousand three hundred two and
two thousand three hundred three of this chapter.
(d) Deposition, production and inspection. Sections two thousand three
hundred three, two thousand three hundred five, two thousand three
hundred six, two thousand three hundred seven, two thousand three
hundred eight and this article apply to subpoenas issued under subdivi-
sion (b) of this section.
(e) Application to court. An application to the court for a protective
order or to enforce, quash, or modify a subpoena issued under this
section must comply with the rules or statutes of this state and be
submitted to the court in the county in which discovery is to be
conducted.
(f) Uniformity of application and construction. [In] EXCEPT AS
PROVIDED IN SUBDIVISION (G) OF THIS SECTION, IN applying and construct-
ing this uniform act, consideration shall be given to the need to
promote uniformity of the law with respect to its subject matter among
states that enact it.
(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, OR ATTORNEY LICENSED TO PRACTICE
IN THIS STATE 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:
(1) 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] PERSON who received
reproductive health [services as defined in paragraph (a) of subdivision
one of section 570.17 of the criminal procedure law] CARE OR GENDER-AF-
FIRMING CARE, or the [patient's] PERSON'S legal representative, so long
as the [patient] PERSON gives express consent unless express consent is
not feasible due to [patient] THEIR injury or death; AND
(2) THE SUBPOENA IS ACCOMPANIED BY AN AFFIRMATION COMPLIANT WITH PARA-
GRAPH TWO OF SUBDIVISION (B) OF THIS SECTION.
[(2) For purposes of this subdivision, the terms "legally protected
health activity" and "reproductive health services" shall have the same
meanings as defined in subdivision one of section 570.17 of the criminal
procedure law.
(h) Subpoenas related to gender-affirming care. Notwithstanding any
other provisions of law, no court or county clerk shall issue a subpoena
under this section in connection with an out-of-state proceeding relat-
ing to any gender-affirming care, as defined in paragraph (c) of subdi-
vision one of section sixty-five hundred thirty-one-b of the education
law, which was legally performed, sought, received, or supported in this
state, unless such out-of-state proceeding (1) sounds in tort or
contract, or is based on statute, (2) is actionable, in an equivalent or
similar manner, under the laws of this state, and (3) was brought by the
patient who received the gender-affirming care, or the patient's legal
representative.]
§ 3. 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 and subdivision (f) is
relettered subdivision (g) and a new subdivision (f) is added to read as
follows:
S. 4914--A 5
(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]
SHALL be issued under this section in connection with an out-of-state
proceeding relating to any legally protected health activity, as defined
in [paragraph (b) 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, which occurred in this state], unless:
(1) such out-of-state proceeding [(1)] (I) sounds in tort or contract,
[(2)] (II) is actionable, in an equivalent or similar manner, under the
laws of this state, and [(3)] (III) was brought by the [patient] PERSON
who received reproductive health [services] CARE or gender-affirming
care, AS SUCH TERMS ARE DEFINED IN SECTION 570.17 OF THE CRIMINAL PROCE-
DURE LAW, or the [patient's] PERSON'S legal representative IN A MANNER
CONSISTENT WITH SUBDIVISION (G) OF SECTION THREE THOUSAND ONE HUNDRED
NINETEEN OF THIS ARTICLE; AND
(2) THE PETITION FOR SUCH AN ORDER IS ACCOMPANIED BY AN AFFIRMATION
COMPLIANT WITH SUBDIVISION (F) OF THIS SECTION.
(F) (1) ANY PETITION FOR SUCH AN ORDER BROUGHT UNDER SUBDIVISION (E)
OF THIS SECTION SHALL INCLUDE AN AFFIRMATION UNDER PENALTY OF PERJURY
THAT THE DISCOVERY EITHER:
(I) IS NOT RELATED TO, AND THAT ANY INFORMATION OBTAINED SHALL NOT BE
USED IN, ANY INVESTIGATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR
CRIMINAL LIABILITY, PROFESSIONAL SANCTIONS, OR ANY OTHER LEGAL CONSE-
QUENCES UPON A PERSON FOR ANY LEGALLY PROTECTED HEALTH ACTIVITY; OR
(II) IS RELATED TO SUCH AN INVESTIGATION OR PROCEEDING, BUT FALLS
WITHIN AN EXCEPTION PROVIDED IN PARAGRAPH ONE OF SUBDIVISION (G) OF
SECTION THREE THOUSAND ONE HUNDRED NINETEEN OF THIS ARTICLE. SUCH AFFIR-
MATION SHALL IDENTIFY WHICH EXCEPTION APPLIES TO THE REQUEST.
(2) A PARTY THAT SUBMITS A FALSE AFFIRMATION PURSUANT TO THIS SECTION
SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR ANY
SUIT, PENALTIES, OR DAMAGES ARISING OUT OF THE FALSE AFFIRMATION. A
COURT SHALL ASSESS A STATUTORY PENALTY OF FIFTEEN THOUSAND DOLLARS PER
VIOLATION IF THE COURT FINDS THE FALSE AFFIRMATION WAS MADE INTEN-
TIONALLY, KNOWINGLY, WILLINGLY OR RECKLESSLY. THIS SHALL BE IN ADDITION
TO ANY OTHER LEGAL OR EQUITABLE REMEDY LAWFULLY AVAILABLE. THE ATTORNEY
GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING FOR DAMAGES AND/OR
PENALTIES AGAINST ANY PARTY THAT SUBMITS A FALSE AFFIRMATION PURSUANT TO
THIS SECTION. ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY
GENERAL PURSUANT TO THIS SECTION SHALL BE COMMENCED WITHIN SIX YEARS OF
THE DATE ON WHICH THE INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS THAT
SUCH FALSE AFFIRMATION ACCOMPANIED WAS FILED WITH THE SUPREME COURT OR
COUNTY COURT.
§ 4. Section 6505-d of the education law, as amended by chapter 101 of
the laws of 2024, 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
S. 4914--A 6
action by a duly authorized professional disciplinary agency of another
jurisdiction solely on the basis of having [performed, recommended, or
provided an abortion pursuant to section twenty-five hundred ninety-
nine-bb of the public health law, or gender-affirming care, as defined
in paragraph (c) of subdivision one of section sixty-five hundred thir-
ty-one-b of the education law] ENGAGED IN LEGALLY PROTECTED HEALTH
ACTIVITY, AS DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,
shall not be denied such licensure, certification, or authorization,
unless the department determines that such action would have constituted
professional misconduct in this state. Provided however, that nothing in
this section shall be construed as prohibiting the department from eval-
uating the conduct of such applicant and making a determination to be
licensed, certified, or authorized to practice a profession under this
title.
§ 5. Subdivision 1 of section 6510 of the education law is amended by
adding a new paragraph b-1 to read as follows:
B-1. LEGALLY PROTECTED HEALTH ACTIVITIES. THE DEPARTMENT SHALL NOT
CHARGE A LICENSEE, ACTING WITHIN THEIR SCOPE OF PRACTICE, WITH PROFES-
SIONAL 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 ENGAGED IN LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED
BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW. SUCH PRELIMINARY REVIEW
SHALL DETERMINE IF SUCH REPORT REASONABLY APPEARS TO REFLECT CONDUCT
WARRANTING FURTHER INVESTIGATION PURSUANT TO THIS PARAGRAPH.
§ 6. Subdivisions 1 and 2 of section 6531-b of the education law,
subdivision 1 as added by chapter 220 of the laws of 2022, paragraph (c)
of subdivision 1 as added by chapter 143 of the laws of 2023, and subdi-
vision 2 as separately amended by chapters 138 and 143 of the laws of
2023, are amended to read as follows:
1. As used in this section, the following terms shall have the follow-
ing meanings:
(a) "Reproductive health [services] CARE" shall MEAN AND include[:
(i) abortion pursuant to section twenty-five hundred ninety-nine-bb of
the public health law;
(ii) emergency contraception as defined in section twenty-eight
hundred five-p of the public health law; and
(iii) medical, surgical, counseling or referral services relating to
the human reproductive system, including services relating to pregnancy
or the termination of a pregnancy] ALL SERVICES, CARE, OR PRODUCTS OF A
MEDICAL, SURGICAL, PSYCHIATRIC, THERAPEUTIC, DIAGNOSTIC, MENTAL HEALTH,
BEHAVIORAL HEALTH, PREVENTATIVE, REHABILITATIVE, SUPPORTIVE, CONSULTA-
TIVE, 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 REPROD-
UCTION, CONTRACEPTION, MISCARRIAGE MANAGEMENT OR ABORTION, INCLUDING BUT
NOT LIMITED TO CARE AN INDIVIDUAL PROVIDES TO THEMSELF.
(b) "Health care practitioner" means a person who is licensed, certi-
fied, or authorized under this title and acting within their lawful
scope of practice.
(c) "Gender-affirming care" means any type of care provided to an
individual to affirm their gender identity or gender expression, INCLUD-
ING BUT NOT LIMITED TO CARE AN INDIVIDUAL PROVIDES TO THEMSELF; provided
that surgical interventions on minors with variations in their sex char-
S. 4914--A 7
acteristics that are not sought and initiated by the individual patient
are not gender-affirming care.
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] ANY legally protected health activity, as
defined [in paragraph (b) of subdivision one of] BY 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 performance, 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 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 repro-
ductive 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 ille-
gal] ENGAGED IN LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION
570.17 OF THE CRIMINAL PROCEDURE LAW.
§ 7. The education law is amended by adding a new section 6509-f to
read as follows:
§ 6509-F. LIMITED EXEMPTION FROM PROFESSIONAL MISCONDUCT; LEGALLY
PROTECTED HEALTH ACTIVITY. 1. AS USED IN THIS SECTION, THE TERM "HEALTH
CARE PRACTITIONER" MEANS A PERSON WHO IS LICENSED, CERTIFIED, OR AUTHOR-
IZED 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 THIR-
TY-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. ANY LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17
OF THE CRIMINAL PROCEDURE LAW, BY A HEALTH CARE PRACTITIONER ACTING
WITHIN THEIR SCOPE OF PRACTICE, SHALL NOT, BY ITSELF, CONSTITUTE PROFES-
SIONAL MISCONDUCT UNDER THIS TITLE, OR ANY OTHER LAW, RULE OR REGULATION
GOVERNING THE LICENSURE, CERTIFICATION, OR AUTHORIZATION OF SUCH PRACTI-
TIONER, NOR SHALL ANY LICENSE, CERTIFICATION, OR AUTHORIZATION OF A
HEALTH CARE PRACTITIONER BE REVOKED, SUSPENDED, OR ANNULLED, OR OTHER-
WISE SUBJECT TO ANY OTHER PENALTY OR DISCIPLINE PROVIDED IN THE PUBLIC
HEALTH LAW OR THIS TITLE SOLELY ON THE BASIS THAT SUCH HEALTH CARE PRAC-
TITIONER ENGAGED IN LEGALLY PROTECTED HEALTH ACTIVITY.
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.
§ 8. Subdivisions 9-a and 9-c of section 230 of the public health law,
subdivision 9-a as amended by chapter 477 of the laws of 2008, subdivi-
sion 9-c as amended by chapter 143 of the laws of 2023, paragraph (a) of
subdivision 9-c as amended by chapter 101 of the laws of 2024, are
amended to read as follows:
S. 4914--A 8
9-a. At any time, if the board for professional medical conduct or the
office of professional medical conduct determines that there is a
reasonable belief that an act or omission that constitutes a crime under
the law of the state of New York, any other state, or the United States
has been committed by the licensee, the board for professional medical
conduct or office of professional medical conduct shall notify the
appropriate law enforcement official or authority EXCEPT WHEN THE ACT OR
OMISSION CONSTITUTES LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY
SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
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 perform-
ance, recommendation, or provision of any reproductive health services
as defined in section sixty-five hundred thirty-one-b of the education
law, or gender-affirming care, as defined in paragraph (c) of subdivi-
sion one of section sixty-five hundred thirty-one-b of the education
law, for a particular patient by such licensee where such patient
resides in a state wherein the performance, recommendation or provision
of such reproductive health services or gender-affirming care is ille-
gal] ANY LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17
OF THE CRIMINAL PROCEDURE LAW.
(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,] ENGAGES IN LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY
SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, SUCH LEGALLY PROTECTED
ACTIVITY shall not, by itself, constitute professional misconduct. The
licensee shall otherwise abide by all other applicable professional
requirements.
§ 9. Section 90 of the judiciary law is amended by adding a new subdi-
vision 2-b to read as follows:
2-B. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW OR RULE OR REGULATION
TO THE CONTRARY, NO ATTORNEY LICENSED IN THIS STATE MAY BE REMOVED OR
OTHERWISE SUBJECT TO DISCIPLINE, INCLUDING REPRIMAND, CENSURE, MONETARY
FINE, OR THE REVOCATION, SUSPENSION, OR CANCELLATION OF THE ATTORNEY'S
LICENSE, FOR ADVISING OR REPRESENTING A CLIENT OR PROSPECTIVE CLIENT
RELATED TO REPRODUCTIVE HEALTH CARE OR GENDER-AFFIRMING CARE, AS DEFINED
BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, IF THE SOLE REASON FOR
SUCH REMOVAL OR DISCIPLINE IS THAT (I) THE CLIENT OFFERED, PROVIDED,
FACILITATED, OR RECEIVED REPRODUCTIVE HEALTH CARE OR GENDER-AFFIRMING
CARE THAT IS UNLAWFUL IN ANOTHER STATE; (II) ANOTHER STATE'S LAWS CREATE
ACTUAL OR POTENTIAL LIABILITY FOR THE REPRODUCTIVE HEALTH CARE OR
GENDER-AFFIRMING CARE OFFERED, PROVIDED, FACILITATED, OR RECEIVED BY THE
CLIENT; OR (III) THE ATTORNEY IS SUBJECT TO ACTUAL OR POTENTIAL LIABIL-
ITY, REMOVAL, OR DISCIPLINE IN ANOTHER JURISDICTION BASED ON THE REPRO-
DUCTIVE HEALTH CARE OR GENDER-AFFIRMING CARE OFFERED, PROVIDED, FACILI-
S. 4914--A 9
TATED, OR RECEIVED BY THEIR CLIENT, SO LONG AS THE ATTORNEY'S CONDUCT
COMPLIES WITH THE LAWS OF THIS STATE AND MEETS THE STANDARDS SET FORTH
IN THE RULES OF PROFESSIONAL CONDUCT PROMULGATED BY THE JUDICIAL DEPART-
MENTS OF THE APPELLATE DIVISION OF THE NEW YORK STATE SUPREME COURT.
§ 10. 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
laws of 2024, is amended and two new subsections (e) and (f) are amended
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) of subdivision one of] BY 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 EIGHT OF
THE EDUCATION LAW 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 THE EDUCATION LAW OR ANY OTHER PERSON DESIGNATED AS A
HEALTH CARE PROVIDER BY LAW, RULE, OR REGULATION.
§ 11. The general business law is amended by adding a new section
394-i to read as follows:
§ 394-I. LEGALLY PROTECTED HEALTH ACTIVITIES. 1. FOR THE PURPOSES OF
THIS SECTION, THE TERM "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE
THE SAME MEANING AS DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE
LAW.
2. NO PERSON OR ENTITY THAT IS LOCATED, HEADQUARTERED, OR INCORPORATED
IN NEW YORK STATE AND RECEIVES, IS SERVED WITH, OR IS SUBJECT TO A
CIVIL, CRIMINAL, OR REGULATORY INQUIRY, INVESTIGATION, SUBPOENA, OR
SUMMONS FOR INFORMATION REGARDING LEGALLY PROTECTED HEALTH ACTIVITY
SHALL COMPLY WITH OR PROVIDE INFORMATION IN RESPONSE TO SUCH INQUIRY,
INVESTIGATION, SUBPOENA, OR SUMMONS UNLESS:
(A) SUCH INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS CONTAINS OR IS
ACCOMPANIED BY AN AFFIRMATION UNDER PENALTY OF PERJURY ATTESTING THAT
EITHER:
S. 4914--A 10
(I) IT IS NOT RELATED TO, AND THAT ANY INFORMATION OBTAINED SHALL NOT
BE USED IN, ANY INVESTIGATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL
OR CRIMINAL LIABILITY, PROFESSIONAL SANCTIONS, OR ANY OTHER LEGAL CONSE-
QUENCES UPON A PERSON OR ENTITY FOR ANY LEGALLY PROTECTED HEALTH ACTIV-
ITY; OR
(II) IT IS RELATED TO SUCH AN INVESTIGATION OR PROCEEDING, BUT FALLS
WITHIN AN EXCEPTION PROVIDED IN PARAGRAPH ONE OF SUBDIVISION (G) OF
SECTION THREE THOUSAND ONE HUNDRED NINETEEN OF THE CIVIL PRACTICE LAW
AND RULES, AND IDENTIFIES WHICH EXCEPTION APPLIES TO THE INFORMATION
REQUEST;
(B) THE PERSON OR ENTITY RECEIVING OR SUBJECT TO SUCH INQUIRY, INVES-
TIGATION, SUBPOENA, OR SUMMONS REGARDING LEGALLY PROTECTED HEALTH ACTIV-
ITY HAS:
(I) NOTIFIED THE ATTORNEY GENERAL WITHIN SEVENTY-TWO HOURS OF RECEIV-
ING SUCH INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS; INDICATED IN SUCH
NOTICE WHETHER SUCH PERSON OR ENTITY INTENDS TO COMPLY WITH SUCH
INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS; PROVIDED A COPY OF SUCH
INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS AND ANY RELATED MATERIALS
TO THE ATTORNEY GENERAL; AND
(II) MADE REASONABLE ATTEMPTS TO NOTIFY THE INDIVIDUAL OR INDIVIDUALS
WHO PROVIDED, SOUGHT, RECEIVED, FACILITATED, OR OTHERWISE ENGAGED IN
SUCH LEGALLY PROTECTED HEALTH ACTIVITY TO WHICH SUCH INQUIRY, INVESTI-
GATION, SUBPOENA, OR SUMMONS PERTAINS AT LEAST THIRTY DAYS PRIOR TO
PROVIDING ANY RESPONSIVE INFORMATION, UNLESS OTHERWISE ORDERED BY A
COURT OF COMPETENT JURISDICTION; AND
(C) A MINIMUM OF THIRTY DAYS HAS PASSED SINCE SUCH PERSON OR ENTITY
NOTIFIED THE ATTORNEY GENERAL OF SUCH INQUIRY, INVESTIGATION, SUBPOENA,
OR SUMMONS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
3. A PERSON OR ENTITY WHO SUBMITS A FALSE AFFIRMATION IN VIOLATION OF
SUBDIVISION TWO OF THIS SECTION SHALL BE SUBJECT TO THE JURISDICTION OF
THE COURTS OF THIS STATE FOR ANY SUIT, PENALTIES, OR DAMAGES ARISING OUT
OF SUCH FALSE AFFIRMATION.
(A) THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
FOR DAMAGES AND/OR PENALTIES AGAINST ANY PERSON OR ENTITY THAT SUBMITS A
FALSE AFFIRMATION IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION.
(I) THE COURTS OF THIS STATE SHALL ASSESS A STATUTORY PENALTY OF
FIFTEEN THOUSAND DOLLARS PER VIOLATION AGAINST ANY PERSON OR ENTITY
FOUND TO HAVE INTENTIONALLY, KNOWINGLY, WILLINGLY, OR RECKLESSLY SUBMIT-
TED A FALSE AFFIRMATION. THIS SHALL BE IN ADDITION TO ANY OTHER LEGAL OR
EQUITABLE REMEDY LAWFULLY AVAILABLE.
(II) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION SHALL BE COMMENCED WITHIN SIX YEARS OF THE DATE
ON WHICH THE ATTORNEY GENERAL RECEIVED NOTICE OF THE INQUIRY, INVESTI-
GATION, SUBPOENA, OR SUMMONS THAT SUCH FALSE AFFIRMATION ACCOMPANIED.
4. THE ATTORNEY GENERAL OF THIS STATE MAY COMMENCE AN ACTION OR
SPECIAL PROCEEDING TO ENFORCE THE PROVISIONS OF THIS SECTION, INCLUDING
BUT NOT LIMITED TO AN APPLICATION OR MOTION FOR AN ORDER ENJOINING ONGO-
ING OR FUTURE VIOLATIONS OF THIS SECTION. THE ATTORNEY GENERAL SHALL NOT
COMMENCE SUCH AN ACTION UNLESS THE ATTORNEY GENERAL HAS REASON TO
BELIEVE THE DEFENDANT OR RESPONDENT INTENDS TO COMPLY OR HAS COMPLIED
WITH AN INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS REGARDING LEGALLY
PROTECTED HEALTH ACTIVITY.
(A) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION SHALL BE COMMENCED WITHIN SIX YEARS OF THE DATE
ON WHICH THE ATTORNEY GENERAL RECEIVED NOTICE OF THE INQUIRY, INVESTI-
GATION, SUBPOENA, OR SUMMONS AT ISSUE.
S. 4914--A 11
(B) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE ATTORNEY GENER-
AL MAY SEEK ALL AVAILABLE LEGAL AND EQUITABLE REMEDIES.
(C) THE COURTS OF THIS STATE SHALL ASSESS A STATUTORY PENALTY OF
FIFTEEN THOUSAND DOLLARS PER VIOLATION AGAINST ANY PERSON OR ENTITY
FOUND TO HAVE INTENTIONALLY, KNOWINGLY, WILLINGLY, OR RECKLESSLY
COMPLIED WITH AN INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS REGARDING
LEGALLY PROTECTED HEALTH ACTIVITY IN VIOLATION OF THIS SECTION. THIS
SHALL BE IN ADDITION TO ANY OTHER LEGAL OR EQUITABLE REMEDY LAWFULLY
AVAILABLE.
5. ANY PERSON OR ENTITY THAT IS LOCATED, HEADQUARTERED, OR INCORPO-
RATED IN NEW YORK STATE AND RECEIVES, IS SERVED WITH, OR IS SUBJECT TO A
CIVIL, CRIMINAL, OR REGULATORY INQUIRY, INVESTIGATION, SUBPOENA, OR
SUMMONS FOR INFORMATION REGARDING LEGALLY PROTECTED HEALTH ACTIVITY MAY
INSTITUTE A CIVIL ACTION TO OBTAIN DECLARATORY RELIEF, OR SUCH OTHER
RELIEF DEEMED NECESSARY AND PROPER BY THE COURT, STATING THAT THIS
SECTION PROHIBITS THEIR COMPLIANCE WITH THE INQUIRY, INVESTIGATION,
SUBPOENA, OR SUMMONS.
(A) AT OR BEFORE THE COMMENCEMENT OF ANY ACTION UNDER THIS SECTION,
NOTICE THEREOF AND A COPY OF THE COMMENCING DOCUMENT AND ALL SUPPORTING
DOCUMENTS SHALL BE SERVED UPON THE ATTORNEY GENERAL.
(B) THE ATTORNEY GENERAL IS AUTHORIZED TO INTERVENE IN ANY SUCH ACTION
BROUGHT PURSUANT TO THIS SECTION.
(C) IF THE PERSON OR ENTITY INITIATING AN ACTION BROUGHT UNDER THIS
SECTION PREVAILS IN SUCH ACTION, THE COURT SHALL AWARD REASONABLE COSTS
AND ATTORNEY'S FEES.
(D) ANY ACTION BROUGHT PURSUANT TO THIS SECTION SHALL BE COMMENCED
WITHIN ONE YEAR OF THE DATE ON WHICH THE INQUIRY, INVESTIGATION, SUBPOE-
NA, OR SUMMONS AT ISSUE WAS RECEIVED OR SERVED, WHICHEVER IS LATER.
6. ANY PERSON OR ENTITY THAT ISSUES OR CAUSES TO BE ISSUED A CIVIL,
CRIMINAL, OR REGULATORY INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS TO
A PERSON OR ENTITY LOCATED, HEADQUARTERED, OR INCORPORATED IN NEW YORK
STATE SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF THIS STATE
FOR ANY ACTION, SUIT, PENALTIES, OR DAMAGES ARISING OUT OF THIS SECTION.
7. WHERE COMPLIANCE WITH THIS SECTION DELAYS OR PROHIBITS A PERSON'S
OR ENTITY'S RESPONSE TO A SUBPOENA, SUCH PERSON OR ENTITY SHALL NOT BE
HELD IN CONTEMPT OR OTHERWISE SUBJECT TO LEGAL CONSEQUENCES UNDER
SECTION TWO THOUSAND THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND
RULES OR ANY OTHER LAW OF THIS STATE FOR THEIR DELAY IN RESPONDING OR
FAILURE TO RESPOND.
8. NOTHING IN THIS SECTION SHALL BE CONSTRUCTED TO PROHIBIT COMPLIANCE
WITH THE INVESTIGATION OF ANY ACTIVITY WHICH WOULD VIOLATE THE LAWS OF
THIS STATE. NOTHING IN THIS SECTION SHALL BE CONSTRUCTED TO PROHIBIT
SHARING INFORMATION REGARDING LEGALLY PROTECTED HEALTH ACTIVITY IN
RESPONSE TO THE WRITTEN REQUEST OF A PERSON WHO RECEIVED THE REPRODUC-
TIVE HEALTH CARE OR GENDER-AFFIRMING CARE OR THEIR LEGAL REPRESENTATIVE
AS PROVIDED IN PARAGRAPH ONE OF SUBDIVISION (G) OF SECTION THREE THOU-
SAND ONE HUNDRED NINETEEN OF THE CIVIL PRACTICE LAW AND RULES, OR IN
RESPONSE TO THE WRITTEN REQUEST OF A PERSON OR ENTITY WHO IS THE SUBJECT
OF AN INVESTIGATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR CRIMINAL
LIABILITY, PROFESSIONAL SANCTIONS, OR ANY OTHER LEGAL CONSEQUENCES UPON
THEM FOR LEGALLY PROTECTED HEALTH ACTIVITY. IN EACH CASE, INFORMATION
SHALL ONLY BE SHARED TO THE EXTENT NECESSARY TO FULFILL SUCH REQUEST.
9. NOTHING IN THIS SECTION SHALL PROHIBIT DISCLOSURE OF DEIDENTIFIED
INFORMATION IN COMPLIANCE WITH FEDERAL GRANT REPORTING REQUIREMENTS;
OBLIGATORY FEDERAL INVESTIGATIVE DEMANDS, INCLUDING BUT NOT LIMITED TO
SUBPOENAS, SUMMONSES, AND AUDITS; OR OTHER REPORTING REQUIREMENTS UNDER
S. 4914--A 12
FEDERAL LAW, OR IDENTIFIED INFORMATION WHEN STRICTLY NECESSARY TO COMPLY
WITH A FEDERAL AUDIT OF SPECIFIC SERVICES FOR WHICH PAYMENT HAS BEEN
MADE BY THE FEDERAL GOVERNMENT. NOTHING IN THIS SECTION SHALL PROHIBIT
COMPLIANCE WITH A VALID FEDERAL COURT ORDER.
10. THIS SECTION SHALL NOT BE CONSTRUED TO ALLOW FOR THE PROVISION OF
ANY INFORMATION TO ANY INDIVIDUAL OR ANY AGENCY OR DEPARTMENT OUTSIDE
NEW YORK STATE WHICH WOULD NOT OTHERWISE BE AVAILABLE UNDER STATE LAW.
§ 12. Section 570.19 of the criminal procedure law is REPEALED.
§ 13. Subdivision 3-b of section 140.10 of the criminal procedure law
is REPEALED.
§ 14. Subdivision 3-a of section 140.10 of the criminal procedure law,
as amended by chapter 138 of the laws of 2023, is amended to read as
follows:
3-a. A police officer [may] SHALL not arrest any person for any legal-
ly protected health activity [within this state] as defined in section
570.17 of this chapter.
§ 15. Section 837-x of the executive law, as amended by chapter 138 of
the laws of 2023 and subdivision 2 as amended by chapter 89 of the laws
of 2024, is amended to read as follows:
§ 837-x. Cooperation with certain out-of-state investigations. 1. For
purposes of this section, the following terms shall have the following
meanings:
(a) "Reproductive health [services] CARE" shall have the same meaning
as [paragraph (a) of subdivision one of] DEFINED BY section 570.17 of
the criminal procedure law; [and]
(b) "Legally protected health activity" shall have the same meaning as
[paragraph (b) of subdivision one of] DEFINED BY section 570.17 of the
criminal procedure law; AND
(C) "GENDER-AFFIRMING CARE" SHALL HAVE THE SAME MEANING AS DEFINED BY
SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
2. (a) No state or local government employee or entity or other person
acting on behalf of state or local government shall cooperate with or
provide information to any out-of-state individual or out-of-state agen-
cy or department regarding any legally protected health activity [in
this state], or otherwise expend or use time, moneys, facilities, prop-
erty, equipment, personnel or other resources in furtherance of any
investigation or proceeding that seeks to impose civil or criminal
liability [or], professional sanctions, OR ANY OTHER LEGAL CONSEQUENCES
upon a person or entity for any legally protected health activity
[occurring in this state]; except that the commissioner of health may
share deidentified information as strictly necessary to respond to a
public health emergency or an imminent threat to public health, or to
consult and cooperate with the appropriate agencies of the federal
government or of other states in accordance with the functions, powers,
and duties of the department as outlined under section two hundred one
of the public health law, and may share identified information in such
circumstances only when strictly necessary and with the consent of the
[patient] PERSON. For purposes of this section, "deidentified" means
that the information cannot identify or be made to identify or be asso-
ciated with a particular individual, directly or indirectly, and is
subject to technical safeguards and policies and procedures that prevent
reidentification, whether intentionally or unintentionally, of any indi-
vidual.
(b) Nothing in this section shall prohibit the investigation of any
reproductive health [services] CARE OR GENDER-AFFIRMING CARE rendered in
violation of the laws of this state, provided that no information relat-
S. 4914--A 13
ing to any medical procedure performed on a specific individual [may]
SHALL 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] ANY
EFFORT to impose civil or criminal liability [or], professional sanc-
tions, OR ANY OTHER LEGAL CONSEQUENCES 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, OR OTHER EFFORT, to
the extent necessary, in each case, to fulfill such request.
(c) Nothing in this section shall prohibit disclosure of deidentified
information in compliance with federal grant reporting requirements or
other reporting requirements under federal law.
(d) This section shall not be construed to allow for the provision of
any information to any individual or out-of-state agency or department
which would not otherwise be available under state law.
§ 16. Section 837-x of the executive law, as amended by chapter 101 of
the laws of 2024, is REPEALED.
§ 17. 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 para-
graph (b) of subdivision one of] BY section 570.17 of the criminal
procedure law[, relating to providing reproductive health services to
persons not physically present in this state] shall not be offered
against such party as evidence that such party has engaged in any wrong-
doing, whether civil, criminal, professional, or otherwise by virtue of
[such recipients of such services not being physically present in this
state] ENGAGING IN SUCH LEGALLY PROTECTED HEALTH ACTIVITY. Nothing in
this section shall prevent a party from offering 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] PERSON who received reproductive health
[services] CARE OR GENDER-AFFIRMING CARE, or the [patient's] PERSON'S
legal representative IN A MANNER CONSISTENT WITH SUBPARAGRAPH (III) OF
PARAGRAPH ONE OF SUBDIVISION (G) OF SECTION THREE THOUSAND ONE HUNDRED
NINETEEN OF THIS CHAPTER.
§ 18. Section 70-b of the civil rights law, as added by chapter 218 of
the laws of 2022 and paragraph (b) of subdivision 3 as amended by chap-
ter 26 of the laws of 2023, is amended to read as follows:
§ 70-b. Unlawful interference with protected rights. 1. FOR THE
PURPOSES OF THIS SECTION, THE TERM "LEGALLY PROTECTED HEALTH ACTIVITY"
SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION 570.17 OF THE CRIMINAL
PROCEDURE LAW.
2. A claim of unlawful interference with protected rights is estab-
lished under this section. Such claim shall arise when a person demon-
strates that they [exercised or attempted to exercise, or facilitated or
attempted to facilitate the exercise of a right protected under the
constitution of the state of New York and/or protected or permitted by
the laws of the state of New York, to obtain or provide the medical care
described in subdivision six of this section, and such exercise,
provision, facilitation, or attempt thereof] ENGAGED IN LEGALLY
PROTECTED HEALTH ACTIVITY THAT results in litigation or criminal charges
brought against that person in any court in the United States or its
territories.
S. 4914--A 14
[2.] 3. Such claim shall arise when any person or entity commences an
action in any court, in the United States or any of its territories, in
which the allegations against the person, whether civil or criminal,
involve [accessing, providing, facilitating, or attempting to access,
provide, or facilitate the medical care described in subdivision six of
this section] LEGALLY PROTECTED HEALTH ACTIVITY.
[3.] 4. In a claim for unlawful interference with protected rights
under this section:
(a) compensatory damages, as well as costs and attorneys' fees,
including expert witness fees, shall be recoverable upon a demonstration
of unlawful interference; and
(b) additional damages of up to three times the amount of compensatory
damages shall be recoverable upon an additional demonstration that the
action against the plaintiff was commenced or continued for the purpose
of harassing, intimidating, punishing or otherwise maliciously inhibit-
ing the exercise of rights protected in New York, including but not
limited to [the rights in subdivision six of this section] LEGALLY
PROTECTED HEALTH ACTIVITY.
[4.] 5. Any action or proceeding brought pursuant to this section
shall be commenced no later than six years after the date on which the
[violation of this section is committed] CLAIM UNDER THIS SECTION
ARISES.
[5.] 6. Nothing in this section shall affect or preclude the right of
any party to any recovery otherwise authorized by common law, or by
statute, law or rule.
[6. Rights specifically protected under this section shall include
lawfully provided medical care including but not limited to reproductive
and/or endocrine health care, and all medical, surgical, counseling or
referral services relating to the human reproductive system, including
but not limited to services relating to pregnancy, contraception, or the
termination of a pregnancy.]
7. An action under this section shall be brought in the Supreme Court
of the state of New York.
§ 19. Section 570.17 of the criminal procedure law, as amended by
chapter 138 of the laws of 2023, is amended to read as follows:
§ 570.17 Extradition for legally protected health activity.
1. For purposes of this section, the following terms shall have the
following meanings:
(a) "Reproductive health [services] CARE" 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] ABORTION, INCLUDING BUT NOT LIMITED TO CARE AN INDIVIDUAL
PROVIDES TO THEMSELF.
(b) "GENDER-AFFIRMING CARE" SHALL MEAN AND INCLUDE ANY TYPE OF CARE
PROVIDED TO AN INDIVIDUAL TO AFFIRM THEIR GENDER IDENTITY OR GENDER
EXPRESSION, INCLUDING BUT NOT LIMITED TO CARE AN INDIVIDUAL PROVIDES TO
THEMSELF; 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.
S. 4914--A 15
(C) "Legally protected health activity" shall mean and include the
following acts and omissions by providers [and], facilitators, SEEKERS,
AND RECIPIENTS of reproductive health [services] CARE AND GENDER-AFFIRM-
ING CARE, to the extent they are not in violation of the constitution or
the laws of this state[, provided that such provider is physically pres-
ent in the state]:
(i) the [exercise] RECEIPT or [attempted exercise by any person of
rights] ATTEMPT to RECEIVE reproductive health [services as secured by
the constitution or laws of this state or the provision of insurance
coverage for such services or] care OR GENDER-AFFIRMING CARE, REGARDLESS
OF SUCH PERSON'S LOCATION; [and]
(ii) any act or omission undertaken WHILE PHYSICALLY PRESENT IN THIS
STATE to aid or encourage, or attempt to aid or encourage, any person in
the [exercise] RECEIPT OF or [attempted exercise of rights] ATTEMPT to
RECEIVE reproductive health [services as secured by the constitution or
laws of this state, or] CARE OR GENDER-AFFIRMING CARE, REGARDLESS OF THE
LOCATION OF THE RECIPIENT OR PROVIDER OF SUCH CARE;
(III) THE PROVISION OF OR ATTEMPT to provide insurance coverage for
[such services or care; provided, however, that] REPRODUCTIVE HEALTH
CARE OR GENDER-AFFIRMING CARE, BY ANY ENTITY LOCATED, HEADQUARTERED, OR
INCORPORATED IN THE STATE, REGARDLESS OF THE LOCATION OF THE RECIPIENT
OR PROVIDER OF SUCH CARE; OR
(IV) the provision of [such] OR ATTEMPT TO PROVIDE reproductive health
[services] CARE 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] RECIPIENT'S
location.
2. Except as required by federal law, no demand for the extradition of
a person subject to criminal liability that is in whole or in part based
on the alleged provision or receipt of, assistance in provision or
receipt of, material support for, or any theory of vicarious, joint,
several or conspiracy liability for any legally protected health activ-
ity [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 physically present in the demanding state at the
time of the commission of the alleged crime, and that thereafter [he,
she or they] SUCH ACCUSED fled from that state.
§ 20. Section 659 of the family court act, as amended by chapter 101
of the laws of 2024, is amended to read as follows:
§ 659. Consideration of law allowing gender-affirming care. 1. IT IS
THE INTENT OF THE LEGISLATURE THAT CHILDREN OR THEIR PARENTS SHOULD BE
ABLE TO OBTAIN NECESSARY MEDICAL CARE, INCLUDING LEGALLY PROTECTED
HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE
LAW.
2. 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] ENGAGE IN LEGALLY PROTECTED HEALTH
ACTIVITY, AS DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, OR
BASED ON SUCH PARENT OR GUARDIAN THEMSELF ENGAGING IN LEGALLY PROTECTED
HEALTH ACTIVITY, 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.] 3. No court in this state shall admit or consider a finding of
abuse, neglect or maltreatment based on the parent or guardian allowing
their child to [receive or seek gender-affirming care] ENGAGE IN LEGALLY
S. 4914--A 16
PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17 OF THE CRIMINAL
PROCEDURE LAW, OR BASED ON SUCH PARENT OR GUARDIAN THEMSELF ENGAGING IN
LEGALLY PROTECTED HEALTH ACTIVITY, as evidence in any proceeding with
respect to that parent or guardian and any of their children, unless
such conduct would constitute abuse, neglect or maltreatment under the
laws of this state.
[3. For purposes of this section, "gender-affirming care" shall have
the same meaning as defined in paragraph (c) of subdivision one of
section sixty-five hundred thirty-one-b of the education law.]
§ 21. The civil practice law and rules is amended by adding a new
article 3-A to read as follows:
ARTICLE 3-A
CONFLICT OF LAW IN ACTIONS RELATED
TO LEGALLY PROTECTED HEALTH ACTIVITY
SECTION 350. LEGALLY PROTECTED HEALTH ACTIVITIES.
§ 350. LEGALLY PROTECTED HEALTH ACTIVITIES. NOTWITHSTANDING ANY GENER-
AL OR SPECIAL LAW, COMMON LAW, OR CONFLICT OF LAW RULE TO THE CONTRARY,
THE LAWS OF THIS STATE SHALL GOVERN IN ANY CASE OR CONTROVERSY HEARD IN
THIS STATE RELATED TO LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED BY
SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
§ 22. 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.
§ 23. Construction. The provisions of this act shall be construed
liberally in order to give full effect to the fundamental rights and the
other protections contained herein and the accomplishment of its
purposes. This shall be true regardless of whether federal civil rights
laws, including those laws with provisions worded comparably to the
provisions of this section, have been so construed.
§ 24. This act shall take effect immediately.
