Bill Text: NY A01709 | 2023-2024 | General Assembly | Amended
Bill Title: Provides certain legal protections for reproductive health service providers who provide legally protected health activities including protection from extradition, arrest and legal proceedings in other states relating to such services; restricts the use of evidence relating to the involvement of a party in providing legally protected health activity to persons located out-of-state.
Spectrum: Partisan Bill (Democrat 43-0)
Status: (Introduced - Dead) 2023-06-06 - substituted by s1066b [A01709 Detail]
Download: New_York-2023-A01709-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1709--B 2023-2024 Regular Sessions IN ASSEMBLY January 20, 2023 ___________ Introduced by M. of A. REYES, PAULIN, OTIS, DINOWITZ, BURGOS, RAGA, SHRESTHA, FORREST, DICKENS, O'DONNELL, LEVENBERG, SIMON, ARDILA, GONZALEZ-ROJAS, KELLES, McDONALD, CUNNINGHAM, CARROLL, SEAWRIGHT, FAHY, SHIMSKY, GLICK, GIBBS, L. ROSENTHAL, BURDICK, CRUZ, DE LOS SANTOS, BORES, HEVESI, McMAHON, EPSTEIN, WALLACE, LAVINE, THIELE, SILLITTI, AUBRY, WEPRIN, CLARK, SEPTIMO, SIMONE, JACOBSON -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, the executive law, the civil practice law and rules, the insurance law and the education law, in relation to legally protected health activity providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 570.17 of the criminal procedure law, as amended by 2 chapter 101 of the laws of 2023, is amended to read as follows: 3 § 570.17 Extradition [of abortion providers] for legally protected 4 health activity. 5 [No] 1. For purposes of this section, the following terms shall have 6 the following meanings: 7 (a) "Reproductive health services" shall mean and include all 8 services, care, or products of a medical, surgical, psychiatric, thera- 9 peutic, diagnostic, mental health, behavioral health, preventative, 10 rehabilitative, supportive, consultative, referral, prescribing, or 11 dispensing nature relating to the human reproductive system provided in 12 accordance with the constitution and the laws of this state, whether 13 provided in person or by means of telehealth or telehealth services, 14 which includes, but is not limited to, all services, care and products 15 relating to pregnancy, assisted reproduction, contraception, miscarriage EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04071-09-3A. 1709--B 2 1 management or the termination of a pregnancy, and self-managed termi- 2 nations. 3 (b) "Legally protected health activity" shall mean and include the 4 following acts and omissions by providers and facilitators of reproduc- 5 tive health services, to the extent they are not in violation of the 6 constitution or the laws of this state, provided that such provider is 7 physically present in the state: 8 (i) the exercise or attempted exercise by any person of rights to 9 reproductive health services as secured by the constitution or laws of 10 this state or the provision of insurance coverage for such services or 11 care; and 12 (ii) any act or omission undertaken to aid or encourage, or attempt to 13 aid or encourage, any person in the exercise or attempted exercise of 14 rights to reproductive health services as secured by the constitution or 15 laws of this state, or to provide insurance coverage for such services 16 or care; provided, however, that the provision of such reproductive 17 health services by a person duly licensed under the laws of this state 18 and physically present in this state and the provision of insurance 19 coverage for such services or care shall be a legally protected health 20 activity if the service or care is permitted under the laws of this 21 state, regardless of the patient's location. 22 2. Except as required by federal law, no demand for the extradition of 23 a person subject to criminal liability that is in whole or in part based 24 on the alleged provision or receipt of, assistance in provision or 25 receipt of, material support for, or any theory of vicarious, joint, 26 several or conspiracy liability for [reproductive health care services27lawfully] any legally protected health activity performed in New York 28 shall be recognized by the governor unless the executive authority of 29 the demanding state shall allege in writing that the accused was phys- 30 ically present in the demanding state at the time of the commission of 31 the alleged crime, and that thereafter he, she or they fled from that 32 state. 33 § 2. Subdivision 3-a of section 140.10 of the criminal procedure law, 34 as amended by chapter 101 of the laws of 2023, is amended to read as 35 follows: 36 3-a. A police officer may not arrest any person for [performing or37aiding in the performance of an abortion] any legally protected health 38 activity within this state [that is performed in accordance with the39applicable law of this state, for seeking to end, or ending, or aiding40another in ending their pregnancy within this state, or for procuring or41aiding in the procurement of an abortion within this state] as defined 42 in section 570.17 of this chapter. 43 § 3. Section 837-w of the executive law, as amended by chapter 101 of 44 the laws of 2023, is renumbered section 837-x and amended to read as 45 follows: 46 § 837-x. Cooperation with certain out-of-state investigations. 1. For 47 purposes of this section, the following terms shall have the following 48 meanings: 49 (a) "Reproductive health services" shall have the same meaning as 50 paragraph (a) of subdivision one of section 570.17 of the criminal 51 procedure law; and 52 (b) "Legally protected health activity" shall have the same meaning as 53 paragraph (b) of subdivision one of section 570.17 of the criminal 54 procedure law. 55 2. No state or local [law enforcement agency] government employee or 56 entity or other person acting on behalf of state or local governmentA. 1709--B 3 1 shall cooperate with or provide information to any individual or out-of- 2 state agency or department [related to the performance or aiding in the3performance of an abortion within this state that is performed in4accordance with the applicable law of this state, ending, seeking to5end, or aiding another in ending their pregnancy within this state, or6procuring or aiding in the procurement of an abortion within] regarding 7 any legally protected health activity in this state, or otherwise expend 8 or use time, moneys, facilities, property, equipment, personnel or other 9 resources in furtherance of any investigation or proceeding that seeks 10 to impose civil or criminal liability or professional sanctions upon a 11 person or entity for any legally protected health activity occurring in 12 this state. Nothing in this section shall prohibit the investigation of 13 any [criminal activity in this state which may involve the performance14of an abortion] reproductive health services rendered in violation of 15 the laws of this state, provided that no information relating to any 16 medical procedure performed on a specific individual may be shared with 17 an out-of-state agency or any other individual. Nothing in this section 18 shall prohibit compliance with a valid, court-issued subpoena or warrant 19 which does not relate to a law seeking to impose civil or criminal 20 liability or professional sanctions for a legally protected health 21 activity, or in response to the written request of a person who is the 22 subject of such an investigation or proceeding, to the extent necessary, 23 in each case, to fulfill such request. 24 § 4. Subdivision (g) of section 3119 of the civil practice law and 25 rules, as added by chapter 219 of the laws of 2022, is amended to read 26 as follows: 27 (g) (1) Out-of-state [abortion] proceedings regarding legally 28 protected health activities. Notwithstanding any other provisions of 29 this section or any other law, no court or county clerk shall issue a 30 subpoena under this section in connection with an out-of-state proceed- 31 ing relating to any [abortion services or procedures] legally protected 32 health activity which [were legally performed] occurred in this state, 33 unless such out-of-state proceeding [(1)] (i) sounds in tort or 34 contract[, or is based on statute], [(2)] (ii) is actionable, in an 35 equivalent or similar manner, under the laws of this state, and [(3)] 36 (iii) was brought by the patient who received reproductive [healthcare] 37 health services as defined in paragraph (a) of subdivision one of 38 section 570.17 of the criminal procedure law, or the patient's legal 39 representative, so long as the patient gives express consent. 40 (2) For purposes of this subdivision, the terms "legally protected 41 health activity" and "reproductive health services" shall have the same 42 meanings as defined in subdivision one of section 570.17 of the criminal 43 procedure law. 44 § 5. Subdivision (e) of section 3102 of the civil practice law and 45 rules, as amended by chapter 219 of the laws of 2022, is amended to read 46 as follows: 47 (e) Action pending in another jurisdiction. Except as provided in 48 section three thousand one hundred nineteen of this article, when under 49 any mandate, writ or commission issued out of any court of record in any 50 other state, territory, district or foreign jurisdiction, or whenever 51 upon notice or agreement, it is required to take the testimony of a 52 witness in the state, he or she may be compelled to appear and testify 53 in the same manner and by the same process as may be employed for the 54 purpose of taking testimony in actions pending in the state. The supreme 55 court or a county court shall make any appropriate order in aid of 56 taking such a deposition; provided that no order may be issued underA. 1709--B 4 1 this section in connection with an out-of-state proceeding relating to 2 any [abortion services or procedures] legally protected health activity, 3 as defined in paragraph (b) of subdivision one of section 570.17 of the 4 criminal procedure law which [were legally performed] occurred in this 5 state, unless such out-of-state proceeding (1) sounds in tort or 6 contract[, or is based on statute], (2) is actionable, in an equivalent 7 or similar manner, under the laws of this state, and (3) was brought by 8 the patient who received reproductive [healthcare] health services, or 9 the patient's legal representative. 10 § 6. The civil practice law and rules is amended by adding a new 11 section 4550 to read as follows: 12 § 4550. Admissibility of evidence related to legally protected health 13 activity. Evidence relating to the involvement of a party engaging in 14 one or more legally protected health activity, as defined in paragraph 15 (b) of subdivision one of section 570.17 of the criminal procedure law, 16 relating to providing reproductive health services to persons not phys- 17 ically present in this state shall not be offered against such party as 18 evidence that such party has engaged in any wrongdoing, whether civil, 19 criminal, professional, or otherwise by virtue of such recipients of 20 such services not being physically present in this state. Nothing in 21 this section shall prevent a party from offering such evidence in a 22 proceeding that (i) sounds in tort or contract, (ii) is actionable, in 23 an equivalent or similar manner, under the laws of this state, and (iii) 24 was brought by the patient who received reproductive health services, or 25 the patient's legal representative. 26 § 7. Subsection (a) of section 3436-a of the insurance law, as amended 27 by section 4 of part LL of chapter 57 of the laws of 2023, is amended to 28 read as follows: 29 (a) Every insurer that issues or renews medical malpractice insurance 30 covering a health care provider licensed to practice in this state shall 31 be prohibited from taking any adverse action against a health care 32 provider solely on the basis that the health care provider [performs an33abortion or provides reproductive health care] engages in legally 34 protected health activity, as defined in paragraph (b) of subdivision 35 one of section 570.17 of the criminal procedure law, that is legal in 36 this state [on] with someone who is from out of the state. The super- 37 intendent is expressly authorized to interpret "legally protected health 38 activity" as if such definition was stated within this section. Such 39 policy shall include health care providers who [legally] prescribe 40 abortion medication to out-of-state patients by means of telehealth. 41 § 8. Subdivision 2 of section 6531-b of the education law, as added by 42 chapter 220 of the laws of 2022, is amended to read as follows: 43 2. The performance, recommendation, or provision of any reproductive 44 health services as defined in subdivision one of this section, or any 45 legally protected health activity as defined in paragraph (b) of subdi- 46 vision one of section 570.17 of the criminal procedure law, by a health 47 care practitioner acting within their scope of practice, for a patient 48 who resides in a state wherein the performance, recommendation, or 49 provision of such reproductive health services is illegal, shall not, by 50 itself, constitute professional misconduct under this title, or title 51 two-A of article two of the public health law, or any other law, rule or 52 regulation governing the licensure, certification, or authorization of 53 such practitioner, nor shall any license, certification or authorization 54 of a health care practitioner be revoked, suspended, or annulled or 55 otherwise subject to any other penalty or discipline provided in the 56 public health law or this title solely on the basis that such healthA. 1709--B 5 1 care practitioner performed, recommended, or provided any such reproduc- 2 tive health services for a patient who resides in a state wherein the 3 performance, recommendation, or provision of such reproductive health 4 services is illegal. 5 § 9. Severability. If any provision of this act, or any application of 6 any provision of this act, is held to be invalid, that shall not affect 7 the validity or effectiveness of any other provision of this act, any 8 other application of any provision of this act, or any other provision 9 of any law or code amended by this act. 10 § 10. Choice of laws. This act shall be exclusively governed by and 11 construed pursuant to the laws of the state of New York, without giving 12 effect to any choice of law principles thereunder. 13 § 11. Conflict of laws. To the extent that any laws in the state of 14 New York conflict with this act, this act shall govern. 15 § 12. This act shall take effect immediately.
