Bill Text: NY A06046 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 health care providers; prohibits insurance providers from taking adverse action against a health care provider who provides gender-affirming care.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced - Dead) 2023-06-10 - substituted by s2475b [A06046 Detail]

Download: New_York-2023-A06046-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6046--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 31, 2023
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01793-05-3
        A. 6046--A                          2

     1  provided that no information relating to any medical procedure performed
     2  on  a  specific  individual may be shared with an out-of-state agency or
     3  any other individual.
     4    §  3.  Section  3119 of the civil practice law and rules is amended by
     5  adding a new subdivision (h) to read as follows:
     6    (h) Subpoenas related to gender-affirming care.   Notwithstanding  any
     7  other provisions of law, no court or county clerk shall issue a subpoena
     8  under  this section in connection with an out-of-state proceeding relat-
     9  ing to any gender-affirming care which was  legally  performed,  sought,
    10  received,  or supported in this state, unless such out-of-state proceed-
    11  ing (1) sounds in tort or contract, or  is  based  on  statute,  (2)  is
    12  actionable,  in  an equivalent or similar manner, under the laws of this
    13  state, and (3) was brought by the patient who  received  the  gender-af-
    14  firming care, or the patient's legal representative.
    15    §  4.    Subdivision (e) of section 3102 of the civil practice law and
    16  rules, as amended by chapter 219 of the laws of 2022, is amended to read
    17  as follows:
    18    (e) Action pending in another  jurisdiction.  Except  as  provided  in
    19  section  three thousand one hundred nineteen of this article, when under
    20  any mandate, writ or commission issued out of any court of record in any
    21  other state, territory, district or foreign  jurisdiction,  or  whenever
    22  upon  notice  or  agreement,  it  is required to take the testimony of a
    23  witness in the state, he or she may be compelled to appear  and  testify
    24  in  the  same  manner and by the same process as may be employed for the
    25  purpose of taking testimony in actions pending in the state. The supreme
    26  court or a county court shall make  any  appropriate  order  in  aid  of
    27  taking  such  a  deposition;  provided that no order may be issued under
    28  this section in connection with an out-of-state proceeding  relating  to
    29  any  abortion services or procedures or gender-affirming care which were
    30  legally performed in this state, unless such out-of-state proceeding (1)
    31  sounds in tort or contract, or is based on statute, (2)  is  actionable,
    32  in  an  equivalent  or similar manner, under the laws of this state, and
    33  (3) was brought by the patient who received reproductive  healthcare  or
    34  gender-affirming care, or the patient's legal representative.
    35    § 5. Section 140.10 of the criminal procedure law is amended by adding
    36  a new subdivision 3-b to read as follows:
    37    3-b.  A  police  officer  may  not arrest any person for performing or
    38  aiding in the performance of gender-affirming care within this state, or
    39  in procuring or aiding in the procurement of  gender-affirming  care  in
    40  this state, if the gender-affirming care is performed in accordance with
    41  the provisions of any other applicable law of this state.
    42    §  6.  The  criminal  procedure law is amended by adding a new section
    43  570.19 to read as follows:
    44  § 570.19 Extradition  of  gender-affirming  care   providers,   seekers,
    45             parents, guardians, and helpers.
    46    No  demand for the extradition of a person subject to criminal liabil-
    47  ity that is in whole or part based on the alleged provision  or  receipt
    48  of, support for, or any theory of vicarious, joint, several or conspira-
    49  cy  liability  for  gender-affirming care lawfully performed in New York
    50  shall be recognized by the governor unless the  executive  authority  of
    51  the demanding state shall allege in writing that the accused was present
    52  in  the  demanding  state  at  the time of the commission of the alleged
    53  offense, and that thereafter he, she or they fled from that state.
    54    § 7. Subdivision 1 of section 6531-b of the education law  is  amended
    55  by adding a new paragraph (c) to read as follows:
        A. 6046--A                          3

     1    (c)  "Gender-affirming  care"  means  any  type of care provided to an
     2  individual  to  affirm  their  gender  identity  or  gender  expression;
     3  provided  that surgical interventions on minors with variations in their
     4  sex characteristics that are not sought and initiated by the  individual
     5  patient are not gender-affirming care.
     6    § 8. Subdivision 2 of section 6531-b of the education law, as added by
     7  chapter 220 of the laws of 2022, is amended to read as follows:
     8    2.  The  performance, recommendation, or provision of any reproductive
     9  health services or gender-affirming care, as defined in subdivision  one
    10  of this section, by a health care practitioner acting within their scope
    11  of  practice,  for a patient who resides in a state wherein the perform-
    12  ance, recommendation, or provision of such reproductive health  services
    13  or  gender  affirming-care  is illegal, shall not, by itself, constitute
    14  professional misconduct under this title, or title two-A of article  two
    15  of the public health law, or any other law, rule or regulation governing
    16  the licensure, certification, or authorization of such practitioner, nor
    17  shall any license, certification or authorization of a health care prac-
    18  titioner  be revoked, suspended, or annulled or otherwise subject to any
    19  other penalty or discipline provided in the public health  law  or  this
    20  title  solely on the basis that such health care practitioner performed,
    21  recommended, or  provided  any  such  reproductive  health  services  or
    22  gender-affirming  care  for a patient who resides in a state wherein the
    23  performance, recommendation, or provision of  such  reproductive  health
    24  services or gender-affirming care is illegal.
    25    § 9. Subdivision 9-c of section 230 of the public health law, as added
    26  by chapter 220 of the laws of 2022, is amended to read as follows:
    27    9-c.  (a)  Neither  the board for professional medical conduct nor the
    28  office of professional medical conduct shall charge a  licensee,  acting
    29  within  their  scope of practice, with misconduct as defined in sections
    30  sixty-five hundred thirty  and  sixty-five  hundred  thirty-one  of  the
    31  education  law, or cause a report made to the director of such office to
    32  be investigated beyond a preliminary review as set forth in  clause  (A)
    33  of subparagraph (i) of paragraph (a) of subdivision ten of this section,
    34  where such report is determined to be based solely upon the performance,
    35  recommendation,  or  provision  of  any  reproductive health services as
    36  defined in section sixty-five hundred thirty-one-b of the education law,
    37  or gender-affirming care for a particular patient by such licensee where
    38  such patient resides in a state wherein the performance,  recommendation
    39  or  provision  of  such reproductive health services or gender-affirming
    40  care is illegal.
    41    (b) When a licensee, acting within their scope  of  practice,  and  in
    42  accordance  with  paragraph  e of subdivision four of section sixty-five
    43  hundred twenty-seven of  the  education  law,  performs,  recommends  or
    44  provides any reproductive health services or gender-affirming care for a
    45  patient  who resides in a state wherein the performance, recommendation,
    46  or provision of any such reproductive health services or  gender-affirm-
    47  ing  care  is illegal, such performance, recommendation, or provision of
    48  such reproductive health services  or  gender-affirming  care  for  such
    49  patient,  shall not, by itself, constitute professional misconduct.  The
    50  licensee shall otherwise abide  by  all  other  applicable  professional
    51  requirements.
    52    §  10. Section 6505-d of the education law, as added by chapter 220 of
    53  the laws of 2022, is amended to read as follows:
    54    § 6505-d. Evaluation of prior disciplinary history  for  authorization
    55  to  practice. An applicant seeking licensure, certification, or authori-
    56  zation pursuant to this title  who  has  been  subject  to  disciplinary
        A. 6046--A                          4

     1  action  by a duly authorized professional disciplinary agency of another
     2  jurisdiction solely on the basis of having  performed,  recommended,  or
     3  provided  an  abortion  pursuant  to section twenty-five hundred ninety-
     4  nine-bb  of the public health law, or gender-affirming care shall not be
     5  denied such  licensure,  certification,  or  authorization,  unless  the
     6  department  determines  that  such action would have constituted profes-
     7  sional misconduct in this state. Provided however, that nothing in  this
     8  section shall be construed as prohibiting the department from evaluating
     9  the conduct of such applicant and making a determination to be licensed,
    10  certified, or authorized to practice a profession under this title.
    11    §  11. Section 3436-a of the insurance law, as added by chapter 221 of
    12  the laws of 2022, is amended to read as follows:
    13    § 3436-a. [1.] Adverse action against legal reproductive  health  care
    14  or  gender  affirming-care.    1.  Every  insurer which issues or renews
    15  medical malpractice insurance covering a health care  provider  licensed
    16  to  practice  in  this state shall be prohibited from taking any adverse
    17  action against a health care provider  solely  on  the  basis  that  the
    18  health  care  provider  performs  an  abortion  or provides reproductive
    19  health care or gender-affirming care that is legal in the state  of  New
    20  York  on someone who is from out of the state. Such policy shall include
    21  health care providers who legally prescribe abortion medication to  out-
    22  of-state patients by means of telehealth.
    23    2.  As  used  in  this section, "adverse action" shall mean but not be
    24  limited to: (a) refusing to renew or execute  a  contract  or  agreement
    25  with  a  health  care  provider; (b) making a report or commenting to an
    26  appropriate private or governmental entity regarding practices  of  such
    27  provider  which  may  violate  abortion  laws  in  other states; and (c)
    28  increasing in any charge for, or a reduction or other adverse  or  unfa-
    29  vorable change in the terms of coverage or amount for, any medical malp-
    30  ractice insurance contract or agreement with a health care provider.
    31    § 12. This act shall take effect immediately.