Amd 3119, 3102 & 4550, add Art 3-A 350, CPLR; amd 6505-d, 6510 & 6531-b, add 6509-f, Ed L; amd 230, Pub
Health L; amd 90, Judy L; amd 3436-a, Ins L; add 394-i, Gen Bus L; rpld 570.19, 140.10 sub 3-b, amd 140.10 &
570.17, CP L; amd 837-x, rpld 837-x, Exec L; amd 70-b, Civ Rts L; amd 659, Fam Ct Act
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5480C
SPONSOR: Bronson TITLE OF BILL:
An act to amend the civil practice law and rules, the education law, the
public health law, the judiciary law, the insurance law, the general
business law, the criminal procedure law, the executive law, the civil
rights law, and the family court act, in relation to protecting individ-
uals who provide or receive legally protected health activity from crim-
inal or civil liability or professional sanctions imposed by jurisdic-
tions outside the state; and to repeal certain provisions of the
criminal procedure law and the executive law relating thereto
PURPOSE:
Relates to certain prohibitions regarding the legal system, gender-af-
firming care, and reproductive care.
SUMMARY OF PROVISIONS:
Section 1 is legislative findings and intent
Section 2 amends section 3119 of the civil practice law and rules to add
an affirmation requirement for any subpoenas related to legally
protected health activity and provides the Attorney General with
enforcement authority for false affirmations. It prohibits attorneys
licensed in-state from domesticating out-of-state subpoenas related to
legally protected health activity. Subdivision (g) of section 3119 is
amended to consolidate existing protections for gender-affirming care.
Section 3 amends subdivision (e) of section 3102 of the civil practice
law and rules, as separately amended by chapters 138 and 143 of the laws
of 2023, to consolidate existing protections against depositions related
to legally protected health activity. It adds an affirmation requirement
for deposition requests related to legally protected health activity and
provides the Attorney General with enforcement authority for false
affirmations.
Section 4 amends section 6505-d of the education law to consolidate
existing licensure protections for professionals who engage in legally
protected health activity.
Section 5 amends subdivision 1 of section 6510 of the education law to
prohibit misconduct charges against a licensee based solely upon their
involvement in legally protected health activity.
Section 6 amends subdivision 1 and 2 of section 6531-b of the education
law, as separately amended by chapters 138 and 143 of the laws of 2023,
to consolidate existing licensure protections for health care practi-
tioners who engage in legally protected health activity within their
scope of practice and defines "reproductive health care."
Section 7 adds a new section 6509-f to the education law to create a
limited exemption from professional misconduct for health care practi-
tioners who engage in legally protected health activity within their
scope of practice.
Section 8 amends subdivision 9 of section 230 of the public health law
to consolidate existing licensure protections related to legally
protected health activity.
Section 9 amends subsection 2 of section 90 of the judiciary law to
include a new subdivision 2(b) to protect attorneys against discipline
based solely on their provision of legal services related to legally
protected health activity.
Section 10 amends subdivision (a) of section 3436-a of the insurance
law, as separately amended by chapters 138 and 143 of the laws of 2023,
to include new subdivisions (e) and (f) related to professional liabil-
ity insurance.
Section 11 amends the general business law to add a new section 394-1
which prohibits entities in New York from complying with a civil, crimi-
nal, or regulatory inquiry, investigation, subpoena, or summons unless
certain criteria are met. It adds a requirement that entities in receipt
of or subject to such investigative demands notify the New York State
Attorney General within 72 hours and gives the Attorney General enforce-
ment authority to commence enforcement proceedings, intervene in related
suits by other parties, or seek penalties for false affirmations. It
allows entities in receipt of or subject to such investigative demands
to seek relief in court and prohibits any entity from being held in
contempt or otherwise penalized for complying with the requirements of
this section.
Section 12 consolidates existing protections in criminal law related to
legally protected health activity by repealing section 570.19 of the
criminal procedure law.
Section 13 consolidates existing protections in criminal law related to
legally protected health activity by repealing subdivision 3-b of
section 140.10 of the criminal procedure law.
Section 14 consolidates existing protections in criminal law related to
legally protected health activity by amending subdivision 3-a of section
140.10 of the criminal procedure law.
Section 15 amends subdivision 1 and paragraph (b) of subdivision 2 of
section 837-x of the executive law, subdivision 1 as added by chapter
138 of the laws of 2023, and paragraph (b) of subdivision 2 as amended
by chapter 89 of the laws of 2024 to incorporate the definition of
gender-affirming care.
Section 16 repeals section 837-x of the executive law, as added by chap-
ter 143 of the laws of 2023 to remove duplicate numbering.
Section 17 amends section 4550 of the civil practice law and rules, as
added by chapter 138 of the laws of 2023, to apply to legally protected
health activity including gender-affirming care.
Section 18 amends section 70-b of the civil rights law to cover legally
protected health activity.
Section 19 amends section 570.17 of the criminal procedure law to clari-
fy the definition of "legally protected health activity" and incorporate
gender-affirming care under the definition.
Section 20 amends section 659 of the family court act to state that it
is the intent of the legislature that a child or their parents should be
able to obtain necessary medical care, including legally protected
health activity, and against the public policy of the state to authorize
a child to be removed from their parent based on legally protected
health activity.
Section 21 amends the civil rules and practice law by adding a
conflict-of-law rule related to legally protected health activity.
Section 22 is a severability cause.
Section 23 provides that the text of this bill should be interpreted
liberally to protect and effectuate fundamental rights.
Section 24 is the effective date.
JUSTIFICATION:
New York has long recognized that the rights to bodily autonomy and
self-determination are fundamental to a person's equality. In November
2024, New Yorkers affirmed this principle when they enshrined equal
rights protections for reproductive health care and autonomy as well as
gender identity into the state constitution. Yet, access to reproductive
health care and gender-affirming care-including care provided, sought,
and supported in New York and by New Yorkers-is under unprecedented
attack.
As of January 2025, 19 states have banned or severely restricted
abortion access, and at least 38 state laws have passed banning or
restricting gender-affirming care. Many of these laws threaten severe
criminal sentences for providers and helpers who support people in
accessing care. Some states have even attempted to explicitly criminal-
ize support for young people travelling to access abortion care across
state lines and to separate transgender children from parents who
support their access to health care. The Trump administration has
already put its thumb on the scale, aiming to penalize or even eliminate
gender-affirming care nationwide. The cumulative effect of these laws is
to chill the provision of and access to care across the country, includ-
ing in states where it remains lawful health care, like New York. New
York-based providers and helpers, as well as those seeking care in New
York from other states, fear the threat of investigation, intimidation,
and potentially even criminal prosecution by hostile states around the
country and the federal government.
It is vital that New York do more to protect access to reproductive
health care and gender-affirming care-not only as a matter of equality,
but also as a public health imperative. Research shows that gender-af-
firming care can be lifesaving, especially for young people, and can
improve mental health and reduce the debilitating effects of gender
dysphoria. We have also seen the devastating impacts of abortion bans
around the country, with pregnant people dying preventable deaths when
they were denied necessary miscarriage care. We cannot allow the inhu-
mane policy choices of other states to restrict essential health care
provided, supported, and sought in New York or by New Yorkers.
This legislation builds on laws New York enacted in 2022 and 2023 to
protect access to abortion and gender-affirming care in the wake of the
Dobbs v. Jackson Women's Health Organization decision that overturned
Roe v. Wade. While those laws took steps to protect New York from other
states' efforts to investigate and punish reproductive health care and
gender affirming care, they must be updated to better respond to the new
threats and tactics that hostile states have deployed in recent years
and which we expect will only escalate in the years to come.
LEGISLATIVE HISTORY:
2024: S.7506- Passed Senate / A.7687- Referred. to Judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
