Legislation
SECTION 6531-B
Exceptions; reproductive health services
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 131-A
§ 6531-b. Exceptions; reproductive health services. 1. As used in this
section, the following terms shall have the following meanings:
(a) "Reproductive health care" 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 abortion, including but not limited to care an individual
provides to themself.
(b) "Health care practitioner" means a person who is licensed,
certified, 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,
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.
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
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
engaged in legally protected health activity, as defined by section
570.17 of the criminal procedure law.
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.
section, the following terms shall have the following meanings:
(a) "Reproductive health care" 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 abortion, including but not limited to care an individual
provides to themself.
(b) "Health care practitioner" means a person who is licensed,
certified, 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,
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.
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
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
engaged in legally protected health activity, as defined by section
570.17 of the criminal procedure law.
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.