] is old law to be omitted. LBD01793-03-3S. 2475--A 2 1 section shall prohibit the investigation of any criminal activity in 2 this state which may involve the performance of gender-affirming care 3 provided that no information relating to any medical procedure performed 4 on a specific individual may be shared with an out-of-state agency or 5 any other individual. 6 § 3. Section 3119 of the civil practice law and rules is amended by 7 adding a new subdivision (h) to read as follows: 8 (h) Subpoenas related to gender-affirming care. Notwithstanding any 9 other provisions of law, no court or county clerk shall issue a subpoena 10 under this section in connection with an out-of-state proceeding relat- 11 ing to any gender-affirming care which was legally performed, sought, 12 received, or supported in this state, unless such out-of-state proceed- 13 ing (1) sounds in tort or contract, or is based on statute, (2) is 14 actionable, in an equivalent or similar manner, under the laws of this 15 state, and (3) was brought by the patient who received the gender-af- 16 firming care, or the patient's legal representative. 17 § 4. Subdivision (e) of section 3102 of the civil practice law and 18 rules, as amended by chapter 219 of the laws of 2022, is amended to read 19 as follows: 20 (e) Action pending in another jurisdiction. Except as provided in 21 section three thousand one hundred nineteen of this article, when under 22 any mandate, writ or commission issued out of any court of record in any 23 other state, territory, district or foreign jurisdiction, or whenever 24 upon notice or agreement, it is required to take the testimony of a 25 witness in the state, he or she may be compelled to appear and testify 26 in the same manner and by the same process as may be employed for the 27 purpose of taking testimony in actions pending in the state. The supreme 28 court or a county court shall make any appropriate order in aid of 29 taking such a deposition; provided that no order may be issued under 30 this section in connection with an out-of-state proceeding relating to 31 any abortion services or procedures or gender-affirming care which were 32 legally performed in this state, unless such out-of-state proceeding (1) 33 sounds in tort or contract, or is based on statute, (2) is actionable, 34 in an equivalent or similar manner, under the laws of this state, and 35 (3) was brought by the patient who received reproductive healthcare or 36 gender-affirming care, or the patient's legal representative. 37 § 5. Section 140.10 of the criminal procedure law is amended by adding 38 a new subdivision 3-b to read as follows: 39 3-b. A police officer may not arrest any person for performing or 40 aiding in the performance of gender-affirming care within this state, or 41 in procuring or aiding in the procurement of gender-affirming care in 42 this state, if the gender-affirming care is performed in accordance with 43 the provisions of any other applicable law of this state. 44 § 6. The criminal procedure law is amended by adding a new section 45 570.19 to read as follows: 46 § 570.19 Extradition of gender-affirming care providers, seekers, 47 parents, guardians, and helpers. 48 No demand for the extradition of a person subject to criminal liabil- 49 ity that is in whole or part based on the alleged provision or receipt 50 of, support for, or any theory of vicarious, joint, several or conspira- 51 cy liability for gender-affirming care lawfully performed in New York 52 shall be recognized by the governor unless the executive authority of 53 the demanding state shall allege in writing that the accused was present 54 in the demanding state at the time of the commission of the alleged 55 offense, and that thereafter he, she or they fled from that state.S. 2475--A 3 1 § 7. Subdivision 1 of section 6531-b of the education law is amended 2 by adding a new paragraph (c) to read as follows: 3 (c) "Gender-affirming care" means any type of care provided to an 4 individual to affirm their gender identity or gender expression; 5 provided that surgical interventions on minors with variations in their 6 sex characteristics that are not sought and initiated by the individual 7 patient are not gender-affirming care. 8 § 8. Subdivision 2 of section 6531-b of the education law, as added by 9 chapter 220 of the laws of 2022, is amended to read as follows: 10 2. The performance, recommendation, or provision of any reproductive 11 health services or gender-affirming care, as defined in subdivision one 12 of this section, by a health care practitioner acting within their scope 13 of practice, for a patient who resides in a state wherein the perform- 14 ance, recommendation, or provision of such reproductive health services 15 or gender affirming-care is illegal, shall not, by itself, constitute 16 professional misconduct under this title, or title two-A of article two 17 of the public health law, or any other law, rule or regulation governing 18 the licensure, certification, or authorization of such practitioner, nor 19 shall any license, certification or authorization of a health care prac- 20 titioner be revoked, suspended, or annulled or otherwise subject to any 21 other penalty or discipline provided in the public health law or this 22 title solely on the basis that such health care practitioner performed, 23 recommended, or provided any such reproductive health services or 24 gender-affirming care for a patient who resides in a state wherein the 25 performance, recommendation, or provision of such reproductive health 26 services or gender-affirming care is illegal. 27 § 9. Subdivision 9-c of section 230 of the public health law, as added 28 by chapter 220 of the laws of 2022, is amended to read as follows: 29 9-c. (a) Neither the board for professional medical conduct nor the 30 office of professional medical conduct shall charge a licensee, acting 31 within their scope of practice, with misconduct as defined in sections 32 sixty-five hundred thirty and sixty-five hundred thirty-one of the 33 education law, or cause a report made to the director of such office to 34 be investigated beyond a preliminary review as set forth in clause (A) 35 of subparagraph (i) of paragraph (a) of subdivision ten of this section, 36 where such report is determined to be based solely upon the performance, 37 recommendation, or provision of any reproductive health services as 38 defined in section sixty-five hundred thirty-one-b of the education law, 39 or gender-affirming care for a particular patient by such licensee where 40 such patient resides in a state wherein the performance, recommendation 41 or provision of such reproductive health services or gender-affirming 42 care is illegal. 43 (b) When a licensee, acting within their scope of practice, and in 44 accordance with paragraph e of subdivision four of section sixty-five 45 hundred twenty-seven of the education law, performs, recommends or 46 provides any reproductive health services or gender-affirming care for a 47 patient who resides in a state wherein the performance, recommendation, 48 or provision of any such reproductive health services or gender-affirm- 49 ing care is illegal, such performance, recommendation, or provision of 50 such reproductive health services or gender-affirming care for such 51 patient, shall not, by itself, constitute professional misconduct. The 52 licensee shall otherwise abide by all other applicable professional 53 requirements. 54 § 10. Section 6505-d of the education law, as added by chapter 220 of 55 the laws of 2022, is amended to read as follows:S. 2475--A 4 1 § 6505-d. Evaluation of prior disciplinary history for authorization 2 to practice. An applicant seeking licensure, certification, or authori- 3 zation pursuant to this title who has been subject to disciplinary 4 action by a duly authorized professional disciplinary agency of another 5 jurisdiction solely on the basis of having performed, recommended, or 6 provided an abortion pursuant to section twenty-five hundred ninety- 7 nine-bb of the public health law, or gender-affirming care shall not be 8 denied such licensure, certification, or authorization, unless the 9 department determines that such action would have constituted profes- 10 sional misconduct in this state. Provided however, that nothing in this 11 section shall be construed as prohibiting the department from evaluating 12 the conduct of such applicant and making a determination to be licensed, 13 certified, or authorized to practice a profession under this title. 14 § 11. Section 3436-a of the insurance law, as added by chapter 221 of 15 the laws of 2022, is amended to read as follows: 16 § 3436-a. [1.] Adverse action against legal reproductive health care 17 or gender affirming-care. 1. Every insurer which issues or renews 18 medical malpractice insurance covering a health care provider licensed 19 to practice in this state shall be prohibited from taking any adverse 20 action against a health care provider solely on the basis that the 21 health care provider performs an abortion or provides reproductive 22 health care or gender-affirming care that is legal in the state of New 23 York on someone who is from out of the state. Such policy shall include 24 health care providers who legally prescribe abortion medication to out- 25 of-state patients by means of telehealth. 26 2. As used in this section, "adverse action" shall mean but not be 27 limited to: (a) refusing to renew or execute a contract or agreement 28 with a health care provider; (b) making a report or commenting to an 29 appropriate private or governmental entity regarding practices of such 30 provider which may violate abortion laws in other states; and (c) 31 increasing in any charge for, or a reduction or other adverse or unfa- 32 vorable change in the terms of coverage or amount for, any medical malp- 33 ractice insurance contract or agreement with a health care provider. 34 § 12. This act shall take effect immediately.