Protects individuals who provide or receive legally protected health activity, including reproductive health care and gender-affirming care, from criminal or civil liability or professional sanctions imposed by jurisdictions outside the state.
Impact
The enactment of S04914 would significantly amend various state laws related to the provision of reproductive and gender-affirming care. It reaffirms New York's commitment to bodily autonomy and ensures that healthcare providers within the state are protected while engaging in legally sanctioned health activities. Importantly, it addresses concerns over increasing inter-state legal conflicts where providers or seekers of reproductive services may face penalties in other states due to their actions in New York. The bill aims to uphold New York's status as a safe haven for individuals seeking such care.
Summary
S04914, introduced in the New York State Senate, establishes protections for individuals who provide or receive legally protected health activity, specifically reproductive and gender-affirming care. The bill seeks to shield these individuals from civil or criminal liability, as well as professional sanctions imposed by jurisdictions outside New York. The legislation affirms the fundamental right of New Yorkers to make personal medical decisions without fear of repercussions, while also highlighting the state's public policy aimed at promoting and safeguarding access to critical health care services.
Contention
The discussions surrounding S04914 may reflect broader national debates regarding reproductive rights and gender-affirming healthcare. Notably, while proponents emphasize the protection of personal privacy and healthcare access, critics may argue about potential tensions with laws in states that have adopted more restrictive measures regarding such rights. Additionally, the delineation of what constitutes 'legally protected health activities' may raise further legal considerations, especially concerning how these provisions interact with existing civil and criminal laws. The bill explicitly prohibits cooperation with out-of-state investigations that would seek to impose penalties for legally protected health activities performed in New York, amplifying the challenges of cross-jurisdictional legal coherence.
Same As
Protects individuals who provide or receive legally protected health activity, including reproductive health care and gender-affirming care, from criminal or civil liability or professional sanctions imposed by jurisdictions outside the state.
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.
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.
Provides an exception from professional misconduct for the performance, recommendation, or provision of any reproductive health services or gender-affirming care by a health care practitioner performing in the scope of their duties.
Provides an exception from professional misconduct for the performance, recommendation, or provision of any reproductive health services or gender-affirming care by a health care practitioner performing in the scope of their duties.
Establishes a cause of action for relief from a judgment related to reproductive health services; relates to disclosure of information and subpoenas related to reproductive health care services; relates to the extradition of reproductive health care providers or recipients; prohibits investigation pertaining to reproductive health care in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity providing or receiving such services.
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.
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.
Relates to consideration of gender-affirming health care or gender-affirming mental health care in child custody cases for purposes of jurisdiction, forum and enforcement of custody orders.
Relates to consideration of gender-affirming health care or gender-affirming mental health care in child custody cases for purposes of jurisdiction, forum and enforcement of custody orders.