Bill Text: NY A09687 | 2021-2022 | General Assembly | Amended
Bill Title: Prohibits professional misconduct charges against health care practitioners on the basis that such health care practitioner, acting within their scope of practice, performed, recommended or provided reproductive health care services for a patient who resides in a state wherein such reproductive health services are illegal.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Introduced - Dead) 2022-06-02 - substituted by s9079b [A09687 Detail]
Download: New_York-2021-A09687-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9687--B IN ASSEMBLY March 28, 2022 ___________ Introduced by M. of A. L. ROSENTHAL, GLICK, FAHY, GALEF, GALLAGHER, SEAWRIGHT, CRUZ, SIMON, DAVILA, GONZALEZ-ROJAS, GRIFFIN, SILLITTI, DICKENS, GOTTFRIED, EPSTEIN, DINOWITZ, BENEDETTO, JACOBSON, COOK, LAVINE, ZEBROWSKI, OTIS -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the public health law, in relation to prohibiting disciplinary measures against health care practitioners for providing reproductive health services to patients who reside in states where such services are illegal The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 6531-b 2 to read as follows: 3 § 6531-b. Exceptions; reproductive health services. 1. As used in this 4 section, the following terms shall have the following meanings: 5 (a) "Reproductive health services" shall include: 6 (i) abortion pursuant to section twenty-five hundred ninety-nine-bb of 7 the public health law; 8 (ii) emergency contraception as defined in section twenty-eight 9 hundred five-p of the public health law; and 10 (iii) medical, surgical, counseling or referral services relating to 11 the human reproductive system, including services relating to pregnancy 12 or the termination of a pregnancy. 13 (b) "Health care practitioner" means a person who is licensed, certi- 14 fied, or authorized under this title and acting within their lawful 15 scope of practice. 16 2. The performance, recommendation, or provision of any reproductive 17 health services as defined in subdivision one of this section, by a 18 health care practitioner acting within their scope of practice, for a 19 patient who resides in a state wherein the performance, recommendation, 20 or provision of such reproductive health services is illegal, shall not, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15106-07-2A. 9687--B 2 1 by itself, constitute professional misconduct under this title, or title 2 two-A of article two of the public health law, or any other law, rule or 3 regulation governing the licensure, certification, or authorization of 4 such practitioner, nor shall any license, certification or authorization 5 of a health care practitioner be revoked, suspended, or annulled or 6 otherwise subject to any other penalty or discipline provided in the 7 public health law or this title solely on the basis that such health 8 care practitioner performed, recommended, or provided any such reproduc- 9 tive health services for a patient who resides in a state wherein the 10 performance, recommendation, or provision of such reproductive health 11 services is illegal. 12 3. Nothing in this section shall be construed to expand the scope of 13 practice of any individual licensed, certified or authorized under this 14 title, nor does this section give any such individual the authority to 15 act outside their scope of practice, as defined in this title. 16 § 2. Section 230 of the public health law is amended by adding a new 17 subdivision 9-c to read as follows: 18 9-c. (a) Neither the board for professional medical conduct nor the 19 office of professional medical conduct shall charge a licensee, acting 20 within their scope of practice, with misconduct as defined in sections 21 sixty-five hundred thirty and sixty-five hundred thirty-one of the 22 education law, or cause a report made to the director of such office to 23 be investigated beyond a preliminary review as set forth in clause (A) 24 of subparagraph (i) of paragraph (a) of subdivision ten of this section, 25 where such report is determined to be based solely upon the performance, 26 recommendation, or provision of any reproductive health services as 27 defined in section sixty-five hundred thirty-one-b of the education law 28 for a particular patient by such licensee where such patient resides in 29 a state wherein the performance, recommendation or provision of such 30 reproductive health services is illegal. 31 (b) When a licensee, acting within their scope of practice, and in 32 accordance with paragraph e of subdivision four of section sixty-five 33 hundred twenty-seven of the education law, performs, recommends or 34 provides any reproductive health services for a patient who resides in a 35 state wherein the performance, recommendation, or provision of any such 36 reproductive health services is illegal, such performance, recommenda- 37 tion, or provision of such reproductive health services for such 38 patient, shall not, by itself, constitute professional misconduct. The 39 licensee shall otherwise abide by all other applicable professional 40 requirements. 41 § 3. Paragraph (a) of subdivision 10 of section 230 of the public 42 health law is amended by adding a new subparagraph (i-a) to read as 43 follows: 44 (i-a) The director shall, in addition to the determination required by 45 clause (A) of subparagraph (i) of this paragraph, determine if a report 46 is based solely upon conduct which is otherwise permissible pursuant to 47 section sixty-five hundred thirty-one-b of the education law and subdi- 48 vision nine-c of this section, and upon a determination by the director 49 that a report is based solely upon such permissible conduct, no further 50 review shall be conducted and no charges shall be brought. Nothing in 51 this section shall preclude the director from making such a determi- 52 nation earlier in, or subsequent to, a preliminary review. 53 § 4. The education law is amended by adding a new section 6505-d to 54 read as follows: 55 § 6505-d. Evaluation of prior disciplinary history for authorization 56 to practice. An applicant seeking licensure, certification, or authori-A. 9687--B 3 1 zation pursuant to this title who has been subject to disciplinary 2 action by a duly authorized professional disciplinary agency of another 3 jurisdiction solely on the basis of having performed, recommended, or 4 provided an abortion pursuant to section twenty-five hundred ninety- 5 nine-bb of the public health law, shall not be denied such licensure, 6 certification, or authorization, unless the department determines that 7 such action would have constituted professional misconduct in this 8 state. Provided however, that nothing in this section shall be construed 9 as prohibiting the department from evaluating the conduct of such appli- 10 cant and making a determination to be licensed, certified, or authorized 11 to practice a profession under this title. 12 § 5. This act shall take effect immediately; provided, however, that 13 the amendments to paragraph (a) of subdivision 10 of section 230 of the 14 public health law made by section three of this act shall not affect the 15 expiration of such paragraph and shall be deemed expired therewith.
