Bill Text: NY A07687 | 2023-2024 | General Assembly | Amended
Bill Title: Declares that a law authorizing a child to be removed from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming care is against the public policy of this state; relates to forum in domestic relations cases.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-04-29 - print number 7687a [A07687 Detail]
Download: New_York-2023-A07687-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7687--A 2023-2024 Regular Sessions IN ASSEMBLY June 5, 2023 ___________ Introduced by M. of A. BRONSON, SIMON -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the family court act, the domestic relations law, the criminal procedure law, the executive law, the civil practice law and rules, the education law and the insurance law, in relation to gender-affirming care; to repeal section 570.19 of the criminal proce- dure law relating to the extradition of gender-affirming care providers, seekers, parents, guardians, and helpers; to repeal subdi- vision 3-b of section 140.10 of the criminal procedure law relating to the arrest of any person for performing or aiding in the performance of gender-affirming care within this state; to repeal section 837-x of the executive law relating to cooperation with certain out-of-state investigations; and to repeal subdivision (h) of section 3119 of the civil practice law and rules relating to subpoenas related to gender-affirming care The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 659 of the family court act, as 2 added by chapter 101 of the laws of 2024, is amended to read as follows: 3 1. A law that authorizes a child to be removed from their parent or 4 guardian based on the parent or guardian allowing their child to receive 5 gender-affirming care is against the public policy of this state and 6 shall not be enforced or applied in a case pending in a court in this 7 state. 8 § 2. Section 76 of the domestic relations law is amended by adding a 9 new subdivision 4 to read as follows: 10 4. The presence of a child in this state for the purpose of obtaining 11 gender-affirming care, as defined by section sixty-five hundred thirty- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11693-05-4A. 7687--A 2 1 one-b of the education law, is sufficient to meet the requirements of 2 paragraph (b) of subdivision one of this section. 3 § 3. Subdivision 1 of section 76-c of the domestic relations law, as 4 added by chapter 386 of the laws of 2001, is amended to read as follows: 5 1. A court of this state has temporary emergency jurisdiction if the 6 child is present in this state and: 7 (a) the child has been abandoned [or]; 8 (b) it is necessary in an emergency to protect the child, a sibling or 9 parent of the child; or 10 (c) the child is present in this state because the child has been 11 unable to obtain gender-affirming care, as defined by section sixty-five 12 hundred thirty-one-b of the education law. 13 § 4. Subdivisions 3 and 4 of section 76-f of the domestic relations 14 law are renumbered subdivisions 4 and 5, and a new subdivision 3 is 15 added to read as follows: 16 3. In a case where the provision of gender-affirming care to the child 17 is at issue, a court of this state shall not determine that it is an 18 inconvenient forum and must find that it is a more appropriate forum 19 where the law or policy of the other state that may take jurisdiction 20 limits the ability of a parent to obtain gender-affirming care for their 21 child. For the purposes of this section, "gender-affirming care" has 22 the same meaning as defined by section sixty-five hundred thirty-one-b 23 of the education law. 24 § 5. Subdivision 4 of section 76-g of the domestic relations law, as 25 added by chapter 386 of the laws of 2001, is amended to read as follows: 26 4. In making a determination under this section, a court shall not 27 consider as a factor weighing against the petitioner any taking of the 28 child, or retention of the child after a visit or other temporary relin- 29 quishment of physical custody, from the person who has legal custody, if 30 there is evidence that the taking or retention of the child was to 31 protect the petitioner from domestic violence or the child or sibling 32 from mistreatment or abuse, or for the purposes of obtaining gender-af- 33 firming care, as defined by section sixty-five hundred thirty-one-b of 34 the education law, for the child and the law or policy of the other 35 state limits the ability of a parent to obtain gender-affirming care for 36 their child. 37 § 6. Section 77-l of the domestic relations law, as added by chapter 38 386 of the laws of 2001, is amended to read as follows: 39 § 77-l. 1. Recognition and enforcement. A court of this state shall 40 accord full faith and credit to an order issued by another state and 41 consistent with this article which enforces a child custody determi- 42 nation by a court of another state unless the order has been vacated, 43 stayed, or modified by a court having jurisdiction to do so under title 44 two of this article, unless recognition and enforcement would violate 45 subdivision one-c of section two hundred forty of this chapter or 46 section one thousand eighty-five of the family court act. 47 2. (a) A law that authorizes a state agency to remove a child from 48 their parent or guardian based on the parent or guardian allowing their 49 child to receive gender-affirming care is against the public policy of 50 this state and shall not be enforced or applied in a case pending in a 51 court in this state. 52 (b) For the purpose of this subdivision, "gender-affirming care" shall 53 have the same meaning as provided by section sixty-five hundred thirty- 54 one-b of the education law.A. 7687--A 3 1 § 7. Subdivision 1 of section 570.17 of the criminal procedure law, 2 as added by chapter 138 of the laws of 2023, is amended to read as 3 follows: 4 1. For purposes of this section, the following terms shall have the 5 following meanings: 6 (a) "Reproductive health services" shall mean and include all 7 services, care, or products of a medical, surgical, psychiatric, thera- 8 peutic, diagnostic, mental health, behavioral health, preventative, 9 rehabilitative, supportive, consultative, referral, prescribing, or 10 dispensing nature relating to the human reproductive system provided in 11 accordance with the constitution and the laws of this state, whether 12 provided in person or by means of telehealth or telehealth services, 13 which includes, but is not limited to, all services, care and products 14 relating to pregnancy, assisted reproduction, contraception, miscarriage 15 management or the termination of a pregnancy, and self-managed termi- 16 nations. 17 (b) "Gender-affirming care" shall mean any type of care provided to an 18 individual to affirm their gender identity or gender expression; 19 provided that surgical interventions on minors with variations in their 20 sex characteristics that are not sought and initiated by the individual 21 patient are not gender-affirming care. 22 (c) "Legally protected health activity" shall mean and include the 23 following acts and omissions by providers and facilitators of reproduc- 24 tive health services and gender-affirming care, to the extent they are 25 not in violation of the constitution or the laws of this state, provided 26 that such provider is physically present in the state: 27 (i) the exercise or attempted exercise by any person of rights to 28 reproductive health services and gender-affirming care as secured by the 29 constitution or laws of this state or the provision of insurance cover- 30 age for such services or care; and 31 (ii) any act or omission undertaken to aid or encourage, or attempt to 32 aid or encourage, any person in the exercise or attempted exercise of 33 rights to reproductive health services and gender-affirming care as 34 secured by the constitution or laws of this state, or to provide insur- 35 ance coverage for such services or care; provided, however, that the 36 provision of such reproductive health services or gender-affirming care 37 by a person duly licensed under the laws of this state and physically 38 present in this state and the provision of insurance coverage for such 39 services or care shall be a legally protected health activity if the 40 service or care is permitted under the laws of this state, regardless of 41 the patient's location. 42 § 8. Section 570.19 of the criminal procedure law is REPEALED. 43 § 9. Subdivision 3-b of section 140.10 of the criminal procedure law 44 is REPEALED. 45 § 10. Subdivision 1 and paragraph (b) of subdivision 2 of section 46 837-x of the executive law, subdivision 1 as added by chapter 138 of the 47 laws of 2023 and paragraph (b) of subdivision 2 as amended by chapter 89 48 of the laws of 2024, are amended to read as follows: 49 1. For purposes of this section, the following terms shall have the 50 following meanings: 51 (a) "Reproductive health services" shall have the same meaning as 52 paragraph (a) of subdivision one of section 570.17 of the criminal 53 procedure law; [and] 54 (b) "Gender-affirming care" shall have the same meaning as paragraph 55 (b) of subdivision one of section 570.17 of the criminal procedure law; 56 andA. 7687--A 4 1 (c) "Legally protected health activity" shall have the same meaning as 2 paragraph [(b)] (c) of subdivision one of section 570.17 of the criminal 3 procedure law. 4 (b) Nothing in this section shall prohibit the investigation of any 5 reproductive health services or gender-affirming care rendered in 6 violation of the laws of this state, provided that no information relat- 7 ing to any medical procedure performed on a specific individual may be 8 shared with an out-of-state agency or any other individual. Nothing in 9 this section shall prohibit compliance with a valid, court-issued 10 subpoena or warrant which does not relate to a law seeking to impose 11 civil or criminal liability or professional sanctions for a legally 12 protected health activity, or in response to the written request of a 13 person who is the subject of such an investigation or proceeding, to the 14 extent necessary, in each case, to fulfill such request. 15 § 11. Section 837-x of the executive law, as amended by chapter 101 of 16 the laws of 2024, is REPEALED. 17 § 12. Subdivision (h) of section 3119 of the civil practice law and 18 rules is REPEALED. 19 § 13. Subdivision (g) of section 3119 of the civil practice law and 20 rules, as amended by chapter 138 of the laws of 2023, paragraph 1 as 21 amended by chapter 89 of the laws of 2024, is amended to read as 22 follows: 23 (g) (1) Out-of-state proceedings regarding legally protected health 24 activities. Notwithstanding any other provisions of this section or any 25 other law, no court or county clerk shall issue a subpoena under this 26 section in connection with an out-of-state proceeding relating to any 27 legally protected health activity which occurred in this state, unless 28 such out-of-state proceeding (i) sounds in tort or contract, (ii) is 29 actionable, in an equivalent or similar manner, under the laws of this 30 state, and (iii) was brought by the patient who received reproductive 31 health services as defined in paragraph (a) of subdivision one of 32 section 570.17 of the criminal procedure law or gender-affirming care as 33 defined in paragraph (b) of subdivision one of section 570.17 of the 34 criminal procedure law, or the patient's legal representative, so long 35 as the patient gives express consent unless express consent is not 36 feasible due to patient injury or death. 37 (2) For purposes of this subdivision, the terms "legally protected 38 health activity", "gender-affirming care", and "reproductive health 39 services" shall have the same meanings as defined in subdivision one of 40 section 570.17 of the criminal procedure law. 41 § 14. Subdivision (e) of section 3102 of the civil practice law and 42 rules, as separately amended by chapter 138 of the laws of 2023 and 43 chapter 101 of the laws of 2024, is amended to read as follows: 44 (e) Action pending in another jurisdiction. Except as provided in 45 section three thousand one hundred nineteen of this article, when under 46 any mandate, writ or commission issued out of any court of record in any 47 other state, territory, district or foreign jurisdiction, or whenever 48 upon notice or agreement, it is required to take the testimony of a 49 witness in the state, [he or she] such witness may be compelled to 50 appear and testify in the same manner and by the same process as may be 51 employed for the purpose of taking testimony in actions pending in the 52 state. The supreme court or a county court shall make any appropriate 53 order in aid of taking such a deposition; provided that no order may be 54 issued under this section in connection with an out-of-state proceeding 55 relating to any legally protected health activity, as defined in para- 56 graph [(b)] (c) of subdivision one of section 570.17 of the criminalA. 7687--A 5 1 procedure law [or gender-affirming care, as defined in paragraph (c) of2subdivision one of section sixty-five hundred thirty-one-b of the3education law,] which occurred in this state, unless such out-of-state 4 proceeding (1) sounds in tort or contract, (2) is actionable, in an 5 equivalent or similar manner, under the laws of this state, and (3) was 6 brought by the patient who received reproductive health services or 7 gender-affirming care, or the patient's legal representative. 8 § 15. Section 4550 of the civil practice law and rules, as added by 9 chapter 138 of the laws of 2023, is amended to read as follows: 10 § 4550. Admissibility of evidence related to legally protected health 11 activity. Evidence relating to the involvement of a party engaging in 12 one or more legally protected health activity, as defined in paragraph 13 [(b)] (c) of subdivision one of section 570.17 of the criminal procedure 14 law, relating to providing reproductive health services or gender-af- 15 firming care to persons not physically present in this state shall not 16 be offered against such party as evidence that such party has engaged in 17 any wrongdoing, whether civil, criminal, professional, or otherwise by 18 virtue of such recipients of such services not being physically present 19 in this state. Nothing in this section shall prevent a party from offer- 20 ing such evidence in a proceeding that (i) sounds in tort or contract, 21 (ii) is actionable, in an equivalent or similar manner, under the laws 22 of this state, and (iii) was brought by the patient who received repro- 23 ductive health services or gender-affirming care, or the patient's legal 24 representative. 25 § 16. Subdivision 1 of section 6510 of the education law is amended by 26 adding a new paragraph b-1 to read as follows: 27 b-1. Misconduct. The department shall not charge a licensee, acting 28 within their scope of practice, with misconduct as defined in section 29 sixty-five hundred nine of this subarticle, or cause a complaint made by 30 any person to the department to be investigated beyond a preliminary 31 review, solely on the basis that such licensee performed, recommended, 32 or provided any reproductive health services or gender-affirming care as 33 defined in section sixty-five hundred nine-f of this subarticle for a 34 patient who resides in a state wherein the performance, recommendation 35 or provision of such reproductive health services or gender-affirming 36 care is illegal. The preliminary review shall determine if such report 37 reasonably appears to reflect conduct warranting further investigation 38 pursuant to this paragraph. 39 § 17. Subdivision 2 of section 6531-b of the education law, as sepa- 40 rately amended by chapters 138 and 143 of the laws of 2023, is amended 41 to read as follows: 42 2. The performance, recommendation, or provision of any reproductive 43 health services or gender-affirming care, as defined in subdivision one 44 of this section, or any legally protected health activity as defined in 45 paragraph [(b)] (c) of subdivision one of section 570.17 of the criminal 46 procedure law, by a health care practitioner acting within their scope 47 of practice, for a patient who resides in a state wherein the perform- 48 ance, recommendation, or provision of such reproductive health services 49 or gender-affirming care is illegal, shall not, by itself, constitute 50 professional misconduct under this title, or title two-A of article two 51 of the public health law, or any other law, rule or regulation governing 52 the licensure, certification, or authorization of such practitioner, nor 53 shall any license, certification or authorization of a health care prac- 54 titioner be revoked, suspended, or annulled or otherwise subject to any 55 other penalty or discipline provided in the public health law or this 56 title solely on the basis that such health care practitioner performed,A. 7687--A 6 1 recommended, or provided any such reproductive health services or 2 gender-affirming care for a patient who resides in a state wherein the 3 performance, recommendation, or provision of such reproductive health 4 services or gender-affirming care is illegal. 5 § 18. The education law is amended by adding a new section 6509-f to 6 read as follows: 7 § 6509-f. Limited exemption from professional misconduct; reproduc- 8 tive health services and gender-affirming care. 1. As used in this 9 section, the following terms shall have the following meanings: 10 (a) "Reproductive health services" shall include all services, care, 11 or products of a medical, surgical, psychiatric, therapeutic, mental 12 health, behavioral health, diagnostic, preventative, rehabilitative, 13 supportive, counseling, referral, prescribing, or dispensing nature 14 relating to the human reproductive system provided in accordance with 15 the laws of this state, including, but not limited to, all services, 16 care and products relating to pregnancy, assisted reproduction, contra- 17 ception, miscarriage management or the termination of a pregnancy, 18 including self-managed terminations. 19 (b) "Gender-affirming care" shall mean any type of care provided to an 20 individual to affirm their gender identity or gender expression, 21 provided that surgical interventions on minors with variations in their 22 sex characteristics that are not sought and initiated by the individual 23 patient are not gender-affirming care. 24 (c) "Health care practitioner" means a person who is licensed, certi- 25 fied, or authorized under this title and acting within their lawful 26 scope of practice and includes, but is not limited to persons subject to 27 articles one hundred thirty-one, one hundred thirty-one-B, one hundred 28 thirty-six, one hundred thirty-seven, one hundred thirty-seven-A, one 29 hundred thirty-nine, one hundred forty, one hundred fifty-three, one 30 hundred fifty-four, one hundred fifty-six, one hundred fifty-nine or one 31 hundred sixty-three of this title or any other person designated as a 32 health care practitioner by law, rule, or regulation. 33 2. The performance, recommendation, or provision of any reproductive 34 health services or gender-affirming care as defined in subdivision one 35 of this section, or any legally protected health activity as defined in 36 paragraph (c) of subdivision one of section 570.17 of the criminal 37 procedure law, by a health care practitioner acting within their scope 38 of practice, for a patient who resides in a state wherein the perform- 39 ance, recommendation, or provision of such reproductive health services 40 or gender-affirming care is illegal, shall not, by itself, constitute 41 professional misconduct under this title, or any other law, rule or 42 regulation governing the licensure, certification, or authorization of 43 such practitioner, nor shall any license, certification or authorization 44 of a health care practitioner be revoked, suspended, or annulled or 45 otherwise subject to any other penalty or discipline provided in the 46 public health law or this title solely on the basis that such health 47 care practitioner performed, recommended, or provided any such reproduc- 48 tive health services or gender-affirming care for a patient who resides 49 in a state wherein the performance, recommendation, or provision of such 50 reproductive health services or gender-affirming care is illegal. 51 3. Nothing in this section shall be construed to expand the scope of 52 practice of any individual licensed, certified or authorized under this 53 title, nor does this section give any such individual the authority to 54 act outside their scope of practice, as defined in this title. 55 § 19. Subsection (a) of section 3436-a of the insurance law, as sepa- 56 rately amended by chapter 138 of the laws of 2023 and chapter 101 of theA. 7687--A 7 1 laws of 2024, is amended and two new subsections (e) and (f) are added 2 to read as follows: 3 (a) Every insurer that issues or renews medical malpractice insurance 4 or professional liability insurance covering a health care provider 5 licensed to practice in this state shall be prohibited from taking any 6 adverse action against a health care provider solely on the basis that 7 the health care provider engages in legally protected health activity, 8 as defined in paragraph [(b)] (c) of subdivision one of section 570.17 9 of the criminal procedure law, [or gender-affirming care, as defined in10paragraph (c) of subdivision one of section sixty-five hundred thirty-11one-b of the education law, that is legal in this state] with someone 12 who is from out of the state. The superintendent is expressly authorized 13 to interpret "legally protected health activity" as if such definition 14 was stated within this section. Such policy shall include health care 15 providers who prescribe abortion medication to out-of-state patients by 16 means of telehealth. 17 (e) As used in this section, "professional liability insurance" shall 18 mean insurance against legal liability of the insured, and against loss, 19 damage, or expense incident to a claim of such liability arising out of 20 the death or injury of any person due to medical, psychiatric, mental 21 health, or other malpractice by any licensed physician assistant, phys- 22 ical therapist, physical therapist assistant, pharmacist, registered 23 pharmacy technician, nurse, psychologist, psychiatrist, social worker, 24 occupational therapist, speech-language pathologist, or mental health 25 practitioner. 26 (f) As used in this section, "health care provider" shall mean a 27 person who is licensed, certified, or authorized under title VIII of the 28 education law and acting within their lawful scope of practice and 29 includes, but is not limited to persons subject to article one hundred 30 thirty-one, one hundred thirty-one-B, one hundred thirty-six, one 31 hundred thirty-seven, one hundred thirty-seven-A, one hundred thirty- 32 nine, one hundred forty, one hundred fifty-three, one hundred fifty- 33 four, one hundred fifty-six, one hundred fifty-nine or one hundred 34 sixty-three of title eight of the education law or any other person 35 designated as a health care provider by law, rule, or regulation. 36 § 20. Severability. If any clause, sentence, paragraph, subdivision, 37 section or part of this act shall be adjudged by any court of competent 38 jurisdiction to be invalid, such judgment shall not affect, impair, or 39 invalidate the remainder thereof, but shall be confined in its operation 40 to the clause, sentence, paragraph, subdivision, section or part thereof 41 directly involved in the controversy in which such judgment shall have 42 been rendered. It is hereby declared to be the intent of the legislature 43 that this act would have been enacted even if such invalid provisions 44 had not been included herein. 45 § 21. This act shall take effect immediately.
