Bill Text: NY S08842 | 2021-2022 | General Assembly | Amended
Bill Title: 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; relates to the extradition of gender affirming care providers; relates to licensure of healthcare providers; prohibits insurance providers from taking adverse action against a healthcare provider who provides gender affirming care.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Introduced - Dead) 2022-10-05 - PRINT NUMBER 8842A [S08842 Detail]
Download: New_York-2021-S08842-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8842--A IN SENATE April 22, 2022 ___________ Introduced by Sens. HOYLMAN, COONEY, HINCHEY, JACKSON, MAY, REICHLIN-MELNICK, RIVERA -- 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: 1 Section 1. The family court act is amended by adding a new section 659 2 to read as follows: 3 § 659. Consideration of law allowing gender affirming care. 1. A law 4 of another state that authorizes a child to be removed from their parent 5 or guardian based on the parent or guardian allowing their child to 6 receive gender affirming care shall not be enforced or applied in a case 7 pending in a court in this state. 8 2. No court in this state shall admit or consider a finding of abuse 9 based on the parent or guardian allowing their child to receive or seek 10 gender affirming care as evidence in any proceeding with respect to that 11 parent or guardian and any of their children, unless such conduct would 12 constitute abuse under the laws of this state if it occurred in this 13 state. 14 § 2. The executive law is amended by adding a new section 837-x to 15 read as follows: 16 § 837-x. Cooperation with certain out-of-state investigations. No 17 state or local law enforcement agency shall cooperate with or provide 18 information to any individual or out-of-state agency or department 19 regarding the provision, seeking, or assistance in provision or seeking 20 of lawful gender affirming care performed in this state. Nothing in this 21 section shall prohibit the investigation of any criminal activity in 22 this state which may involve the performance of gender affirming care 23 provided that no information relating to any medical procedure performed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15412-02-2S. 8842--A 2 1 on a specific individual may be shared with an out-of-state agency or 2 any other individual. 3 § 3. Section 3119 of the civil practice law and rules is amended by 4 adding a new subdivision (h) to read as follows: 5 (h) Subpoenas related to gender affirming care. Notwithstanding any 6 other provisions of law, no court or county clerk shall issue a subpoena 7 under this section in connection with an out-of-state proceeding relat- 8 ing to any gender affirming care which was legally performed, sought, 9 received, or supported in this state, unless such out-of-state proceed- 10 ing (1) sounds in tort or contract, or is based on statute, (2) is 11 actionable, in an equivalent or similar manner, under the laws of this 12 state, and (3) was brought by the patient who received the gender 13 affirming care, or the patient's legal representative. 14 § 4. Subdivision (e) of section 3102 of the civil practice law and 15 rules, as amended by chapter 219 of the laws of 2022, is amended to read 16 as follows: 17 (e) Action pending in another jurisdiction. Except as provided in 18 section three thousand one hundred nineteen of this article, when under 19 any mandate, writ or commission issued out of any court of record in any 20 other state, territory, district or foreign jurisdiction, or whenever 21 upon notice or agreement, it is required to take the testimony of a 22 witness in the state, he or she may be compelled to appear and testify 23 in the same manner and by the same process as may be employed for the 24 purpose of taking testimony in actions pending in the state. The supreme 25 court or a county court shall make any appropriate order in aid of 26 taking such a deposition; provided that no order may be issued under 27 this section in connection with an out-of-state proceeding relating to 28 any abortion services or procedures or gender affirming care which were 29 legally performed in this state, unless such out-of-state proceeding (1) 30 sounds in tort or contract, or is based on statute, (2) is actionable, 31 in an equivalent or similar manner, under the laws of this state, and 32 (3) was brought by the patient who received reproductive healthcare, or 33 the patient's legal representative. 34 § 5. Section 140.10 of the criminal procedure law is amended by adding 35 a new subdivision 3-b to read as follows: 36 3-b. A police officer may not arrest any person for performing or 37 aiding in the performance of gender affirming care within this state, or 38 in procuring or aiding in the procurement of gender affirming care in 39 this state, if the gender affirming care is performed in accordance with 40 the provisions of any other applicable law of this state. 41 § 6. The criminal procedure law is amended by adding a new section 42 570.19 to read as follows: 43 § 570.19 Extradition of gender affirming care providers, seekers, 44 parents, guardians, and helpers. 45 No demand for the extradition of a person subject to criminal liabil- 46 ity that is in whole or part based on the alleged provision or receipt 47 of, support for, or any theory of vicarious, joint, several or conspira- 48 cy liability for gender affirming care lawfully performed in New York 49 shall be recognized by the governor unless the executive authority of 50 the demanding state shall allege in writing that the accused was present 51 in the demanding state at the time of the commission of the alleged 52 offense, and that thereafter he, she or they fled from that state. 53 § 7. Subdivision 1 of section 6531-b of the education law is amended 54 by adding a new paragraph (c) to read as follows:S. 8842--A 3 1 (c) "Gender affirming care" means any type of care provided to an 2 individual who has sought and initiated that care to affirm their gender 3 identity or gender expression. 4 § 8. Subdivision 2 of section 6531-b of the education law, as added by 5 chapter 220 of the laws of 2022, is amended to read as follows: 6 2. The performance, recommendation, or provision of any reproductive 7 health services or gender affirming care, as defined in subdivision one 8 of this section, by a health care practitioner acting within their scope 9 of practice, for a patient who resides in a state wherein the perform- 10 ance, recommendation, or provision of such reproductive health services 11 is illegal, shall not, by itself, constitute professional misconduct 12 under this title, or title two-A of article two of the public health 13 law, or any other law, rule or regulation governing the licensure, 14 certification, or authorization of such practitioner, nor shall any 15 license, certification or authorization of a health care practitioner be 16 revoked, suspended, or annulled or otherwise subject to any other penal- 17 ty or discipline provided in the public health law or this title solely 18 on the basis that such health care practitioner performed, recommended, 19 or provided any such reproductive health services or gender affirming 20 care for a patient who resides in a state wherein the performance, 21 recommendation, or provision of such reproductive health services or 22 gender affirming care is illegal. 23 § 9. Subdivision 9-c of section 230 of the public health law, as added 24 by chapter 220 of the laws of 2022, is amended to read as follows: 25 9-c. (a) Neither the board for professional medical conduct nor the 26 office of professional medical conduct shall charge a licensee, acting 27 within their scope of practice, with misconduct as defined in sections 28 sixty-five hundred thirty and sixty-five hundred thirty-one of the 29 education law, or cause a report made to the director of such office to 30 be investigated beyond a preliminary review as set forth in clause (A) 31 of subparagraph (i) of paragraph (a) of subdivision ten of this section, 32 where such report is determined to be based solely upon the performance, 33 recommendation, or provision of any reproductive health services or 34 gender affirming care, as defined in section sixty-five hundred thirty- 35 one-b of the education law, for a particular patient by such licensee 36 where such patient resides in a state wherein the performance, recommen- 37 dation or provision of such reproductive health services is illegal. 38 (b) When a licensee, acting within their scope of practice, and in 39 accordance with paragraph e of subdivision four of section sixty-five 40 hundred twenty-seven of the education law, performs, recommends or 41 provides any reproductive health services for a patient who resides in a 42 state wherein the performance, recommendation, or provision of any such 43 reproductive health services or gender affirming care is illegal, such 44 performance, recommendation, or provision of such reproductive health 45 services or gender affirming care for such patient, shall not, by 46 itself, constitute professional misconduct. The licensee shall other- 47 wise abide by all other applicable professional requirements. 48 § 10. Section 6505-d of the education law, as added by chapter 220 of 49 the laws of 2022, is amended to read as follows: 50 § 6505-d. Evaluation of prior disciplinary history for authorization 51 to practice. An applicant seeking licensure, certification, or authori- 52 zation pursuant to this title who has been subject to disciplinary 53 action by a duly authorized professional disciplinary agency of another 54 jurisdiction solely on the basis of having performed, recommended, or 55 provided an abortion pursuant to section twenty-five hundred ninety- 56 nine-bb of the public health law, or gender affirming care shall not beS. 8842--A 4 1 denied such licensure, certification, or authorization, unless the 2 department determines that such action would have constituted profes- 3 sional misconduct in this state. Provided however, that nothing in this 4 section shall be construed as prohibiting the department from evaluating 5 the conduct of such applicant and making a determination to be licensed, 6 certified, or authorized to practice a profession under this title. 7 § 11. Subdivision 1 of section 3436-a of the insurance law, as added 8 by chapter 221 of the laws of 2022, is amended to read as follows: 9 1. Adverse action against legal reproductive health care or gender 10 affirming care. Every insurer which issues or renews medical malprac- 11 tice insurance covering a health care provider licensed to practice in 12 this state shall be prohibited from taking any adverse action against a 13 health care provider solely on the basis that the health care provider 14 performs an abortion or provides reproductive health care or gender 15 affirming care that is legal in the state of New York on someone who is 16 from out of the state. Such policy shall include health care providers 17 who legally prescribe abortion medication to out-of-state patients by 18 means of telehealth. 19 § 12. This act shall take effect immediately.
