STATE OF NEW YORK ________________________________________________________________________ 8627 IN ASSEMBLY January 16, 2024 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the family court act, the executive law, the civil prac- tice law and rules, the criminal procedure law, the public health law, the education 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. Section 659 of the family court act, as added by a chapter 2 of the laws of 2023 amending the family court act, the executive law, 3 the civil practice law and rules, the criminal procedure law, the educa- 4 tion law, the public health law and the insurance law relating to 5 gender-affirming care, as proposed in legislative bills numbers S. 6 2475-B and A. 6046-B, is amended to read as follows: 7 § 659. Consideration of law allowing gender-affirming care. 1. A law 8 [of another state] that authorizes a child to be removed from their 9 parent or guardian based on the parent or guardian allowing their child 10 to receive gender-affirming care shall not be enforced or applied in a 11 case pending in a court in this state. 12 2. No court in this state shall admit or consider a finding of abuse, 13 neglect or maltreatment based on the parent or guardian allowing their 14 child to receive or seek gender-affirming care as evidence in any 15 proceeding with respect to that parent or guardian and any of their 16 children, unless such conduct would constitute abuse, neglect or 17 maltreatment under the laws of this state [if it occurred in this 18 state]. 19 3. For purposes of this section, "gender-affirming care" shall have 20 the same meaning as defined in paragraph (c) of subdivision one of 21 section sixty-five hundred thirty-one-b of the education law. 22 § 2. Section 837-x of the executive law, as added by a chapter of the 23 laws of 2023 amending the family court act, the executive law, the civil 24 practice law and rules, the criminal procedure law, the education law, 25 the public health law and the insurance law relating to gender-affirming EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01793-12-4
A. 8627 2 1 care, as proposed in legislative bills numbers S. 2475-B and A. 6046-B, 2 is amended to read as follows: 3 § 837-x. Cooperation with certain out-of-state investigations. No 4 state or local law enforcement agency shall cooperate with or provide 5 information to any individual or out-of-state agency or department 6 regarding the provision, seeking, or assistance in provision or seeking 7 of lawful gender-affirming care, as defined in paragraph (c) of subdivi- 8 sion one of section sixty-five hundred thirty-one-b of the education 9 law, performed in this state. Nothing in this section shall prohibit the 10 investigation of any criminal activity in this state which may involve 11 the performance of gender-affirming care provided that no information 12 relating to any medical procedure performed on a specific individual may 13 be shared with an out-of-state agency or any other individual. 14 § 3. Subdivision (h) of section 3119 of the civil practice law and 15 rules, as added by a chapter of the laws of 2023 amending the family 16 court act, the executive law, the civil practice law and rules, the 17 criminal procedure law, the education law, the public health law and the 18 insurance law relating to gender-affirming care, as proposed in legisla- 19 tive bills numbers S. 2475-B and A. 6046-B, is amended to read as 20 follows: 21 (h) Subpoenas related to gender-affirming care. Notwithstanding any 22 other provisions of law, no court or county clerk shall issue a subpoena 23 under this section in connection with an out-of-state proceeding relat- 24 ing to any gender-affirming care, as defined in paragraph (c) of subdi- 25 vision one of section sixty-five hundred thirty-one-b of the education 26 law, which was legally performed, sought, received, or supported in this 27 state, unless such out-of-state proceeding (1) sounds in tort or 28 contract, or is based on statute, (2) is actionable, in an equivalent or 29 similar manner, under the laws of this state, and (3) was brought by the 30 patient who received the gender-affirming care, or the patient's legal 31 representative. 32 § 4. Subdivision (e) of section 3102 of the civil practice law and 33 rules, as amended by a chapter of the laws of 2023 amending the family 34 court act, the executive law, the civil practice law and rules, the 35 criminal procedure law, the education law, the public health law and the 36 insurance law relating to gender-affirming care, as proposed in legisla- 37 tive bills numbers S. 2475-B and A. 6046-B, is amended to read as 38 follows: 39 (e) Action pending in another jurisdiction. Except as provided in 40 section three thousand one hundred nineteen of this article, when under 41 any mandate, writ or commission issued out of any court of record in any 42 other state, territory, district or foreign jurisdiction, or whenever 43 upon notice or agreement, it is required to take the testimony of a 44 witness in the state, he or she may be compelled to appear and testify 45 in the same manner and by the same process as may be employed for the 46 purpose of taking testimony in actions pending in the state. The supreme 47 court or a county court shall make any appropriate order in aid of 48 taking such a deposition; provided that no order may be issued under 49 this section in connection with an out-of-state proceeding relating to 50 any abortion services or procedures or gender-affirming care, as defined 51 in paragraph (c) of subdivision one of section sixty-five hundred thir- 52 ty-one-b of the education law, which were legally performed in this 53 state, unless such out-of-state proceeding (1) sounds in tort or 54 contract, or is based on statute, (2) is actionable, in an equivalent or 55 similar manner, under the laws of this state, and (3) was brought by the
A. 8627 3 1 patient who received reproductive healthcare or gender-affirming care, 2 or the patient's legal representative. 3 § 5. Subdivision 3-b of section 140.10 of the criminal procedure law, 4 as added by a chapter of the laws of 2023 amending the family court act, 5 the executive law, the civil practice law and rules, the criminal proce- 6 dure law, the education law, the public health law and the insurance law 7 relating to gender-affirming care, as proposed in legislative bills 8 numbers S. 2475-B and A. 6046-B, is amended to read as follows: 9 3-b. A police officer may not arrest any person for performing or 10 aiding in the performance of gender-affirming care, as defined in para- 11 graph (c) of subdivision one of section sixty-five hundred thirty-one-b 12 of the education law, within this state, or in procuring or aiding in 13 the procurement of gender-affirming care in this state, if the gender- 14 affirming care is performed in accordance with the provisions of any 15 other applicable law of this state. 16 § 6. Section 570.19 of the criminal procedure law, as added by a chap- 17 ter of the laws of 2023 amending the family court act, the executive 18 law, the civil practice law and rules, the criminal procedure law, the 19 education law, the public health law and the insurance law relating to 20 gender-affirming care, as proposed in legislative bills numbers S. 21 2475-B and A. 6046-B, is amended to read as follows: 22 § 570.19 Extradition of gender-affirming care providers, seekers, 23 parents, guardians, and helpers. 24 No demand for the extradition of a person subject to criminal liabil- 25 ity that is in whole or part based on the alleged provision or receipt 26 of, support for, or any theory of vicarious, joint, several or conspira- 27 cy liability for gender-affirming care, as defined in paragraph (c) of 28 subdivision one of section sixty-five hundred thirty-one-b of the educa- 29 tion law, lawfully performed in New York shall be recognized by the 30 governor unless the executive authority of the demanding state shall 31 allege in writing that the accused was present in the demanding state at 32 the time of the commission of the alleged offense, and that thereafter 33 he, she or they fled from that state. 34 § 7. Paragraph (a) of subdivision 9-c of section 230 of the public 35 health law, as amended by a chapter of the laws of 2023 amending the 36 family court act, the executive law, the civil practice law and rules, 37 the criminal procedure law, the education law, the public health law and 38 the insurance law relating to gender-affirming care, as proposed in 39 legislative bills numbers S. 2475-B and A. 6046-B, is amended to read as 40 follows: 41 (a) Neither the board for professional medical conduct nor the office 42 of professional medical conduct shall charge a licensee, acting within 43 their scope of practice, with misconduct as defined in sections sixty- 44 five hundred thirty and sixty-five hundred thirty-one of the education 45 law, or cause a report made to the director of such office to be inves- 46 tigated beyond a preliminary review as set forth in clause (A) of 47 subparagraph (i) of paragraph (a) of subdivision ten of this section, 48 where such report is determined to be based solely upon the performance, 49 recommendation, or provision of any reproductive health services as 50 defined in section sixty-five hundred thirty-one-b of the education law, 51 or gender-affirming care, as defined in paragraph (c) of subdivision one 52 of section sixty-five hundred thirty-one-b of the education law, for a 53 particular patient by such licensee where such patient resides in a 54 state wherein the performance, recommendation or provision of such 55 reproductive health services or gender-affirming care is illegal.
A. 8627 4 1 § 8. Section 6505-d of the education law, as amended by a chapter of 2 the laws of 2023 amending the family court act, the executive law, the 3 civil practice law and rules, the criminal procedure law, the education 4 law, the public health law and the insurance law relating to gender-af- 5 firming care, as proposed in legislative bills numbers S. 2475-B and A. 6 6046-B, is amended to read as follows: 7 § 6505-d. Evaluation of prior disciplinary history for authorization 8 to practice. An applicant seeking licensure, certification, or authori- 9 zation pursuant to this title who has been subject to disciplinary 10 action by a duly authorized professional disciplinary agency of another 11 jurisdiction solely on the basis of having performed, recommended, or 12 provided an abortion pursuant to section twenty-five hundred ninety- 13 nine-bb of the public health law, or gender-affirming care, as defined 14 in paragraph (c) of subdivision one of section sixty-five hundred thir- 15 ty-one-b of the education law, shall not be denied such licensure, 16 certification, or authorization, unless the department determines that 17 such action would have constituted professional misconduct in this 18 state. Provided however, that nothing in this section shall be construed 19 as prohibiting the department from evaluating the conduct of such appli- 20 cant and making a determination to be licensed, certified, or authorized 21 to practice a profession under this title. 22 § 9. Subsection (a) of section 3436-a of the insurance law, as amended 23 by a chapter of the laws of 2023 amending the family court act, the 24 executive law, the civil practice law and rules, the criminal procedure 25 law, the education law, the public health law and the insurance law 26 relating to gender-affirming care, as proposed in legislative bills 27 numbers S. 2475-B and A. 6046-B, is amended to read as follows: 28 (a) Every insurer that issues or renews medical malpractice insurance 29 covering a health care provider licensed to practice in this state shall 30 be prohibited from taking any adverse action against a health care 31 provider solely on the basis that the health care provider performs an 32 abortion or provides reproductive health care or gender-affirming care, 33 as defined in paragraph (c) of subdivision one of section sixty-five 34 hundred thirty-one-b of the education law, that is legal in this state 35 on someone who is from out of the state. Such policy shall include 36 health care providers who legally prescribe abortion medication to out- 37 of-state patients by means of telehealth. 38 § 10. This act shall take effect on the same date and in the same 39 manner as a chapter of the laws of 2023 amending the family court act, 40 the executive law, the civil practice law and rules, the criminal proce- 41 dure law, the education law, the public health law and the insurance law 42 relating to gender-affirming care, as proposed in legislative bills 43 numbers S. 2475-B and A. 6046-B, takes effect.