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This entry was published on 2023-06-30
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SECTION 570.17
Extradition for legally protected health activity
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE Q, ARTICLE 570
§ 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" shall mean and include all
services, care, or products of a medical, surgical, psychiatric,
therapeutic, 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
terminations.

(b) "Legally protected health activity" shall mean and include the
following acts and omissions by providers and facilitators of
reproductive health services, to the extent they are not in violation of
the constitution or the laws of this state, provided that such provider
is physically present in the state:

(i) the exercise or attempted exercise by any person of rights to
reproductive health services as secured by the constitution or laws of
this state or the provision of insurance coverage for such services or
care; and

(ii) any act or omission undertaken to aid or encourage, or attempt to
aid or encourage, any person in the exercise or attempted exercise of
rights to reproductive health services as secured by the constitution or
laws of this state, or to provide insurance coverage for such services
or care; provided, however, that the provision of such reproductive
health services by a person duly licensed under the laws of this state
and physically present in this state and the provision of insurance
coverage for such services or care shall be a legally protected health
activity if the service or care is permitted under the laws of this
state, regardless of the patient's location.

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
activity 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 fled from that state.