NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8627
SPONSOR: Bronson TITLE OF BILL:
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-affirming
care
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to amend Chapter 143 of the laws of 2023 to
effectuate the intent of the law.
SUMMARY OF PROVISIONS:
Section 1 prohibits New York courts from considering or giving effect to
findings of parental neglect or maltreatment based on a parent allowing
"gender-affirming care" for their child.
Section 2 prohibits any state or local law enforcement agency in New
York from cooperating with or providing information to out-of-state
individuals or agencies regarding the lawful provision or seeking of
gender-affirming care, as defined in paragraph (c) of subdivision one of
section 6531-b of the education law, conducted within the state.
Section 3 prohibits the issuance of subpoenas in connection with out-of-
state gender affirming care proceedings as defined in paragraph (c) of
subdivision one of section 6531-b of the education law, conducted within
the state unless they involve a viable tort or contract issue, are
actionable under New York state laws, and are initiated by the patient
or their legal representative who received the gender-affirming care in
the state.
Section 4 amends the civil practice law and rules to include gender
affirming care as defined in paragraph (c) of subdivision one of section
6531-b of the education law.
Section 5 amends section 140.10 of the criminal procedure law by incor-
porating the definition of gender-affirming care as outlined in para-
graph (c) of subdivision one of section 6531-b of the education law.
Section 6 amends section 570.19 of the criminal procedure law by incor-
porating the definition of gender-affirming care outlined in paragraph
(c) of subdivision one of section 6531-b of the education law.
Section 7 amends paragraph (a) of subdivision 9-c of section 230 of the
public health law by incorporating paragraph (c) of subdivision one of
section 6531-b of the education law to define gender affirming care.
Section 8 amends section 6505-d of the education law by incorporating
paragraph (c) of subdivision one of section 6531-b of the education law
to include gender affirming care.
Section 9 amends subsection (a) of section 3436-a of the insurance law
by incorporating paragraph (c) of subdivision one of section 6531-b to
include gender affirming care.
Section 10 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Adds language giving effect to findings of parental neglect or maltreat-
ment based on a parent allowing "gender-affirming care" for their child.
Makes conforming changes throughout a
JUSTIFICATION:
Across the country, states are proposing criminal sentences for parents
who allow their kids to receive gender-affirming care and for physicians
who provide it. As of March 2022, some estimates showed that 58,200
transgender youth are at risk of losing access to crucial care because
of these state bans and policies. Research shows that access to gender-
affirming care for transgender young people reduces risk for depression,
psychological distress, and suicidal ideation. Transgender young people
already face extreme bathers when it comes to getting the care they
need, from stigma, to discrimination, systemic hurdles, and lack of
insurance coverage for care. Criminalizing guardians and physicians who
help these young people receive this critical care makes it even harder.
This legislation will make New York a haven for transgender kids and
families whose rights are under attack nationwide by ensuring that kids
cannot be separated from their parent or guardian for their help in
getting their kid gender affirming care, would prohibit law enforcement
from cooperating with other states' investigations regarding gender
affirming care that took place legally, protects the health information
of people who come to New York to receive gender affirming care, and
protects physicians who provide gender affirming care in New York.
While states across the country criminalize and roll back access to
gender affirming care, New York continues to pass progressive policies
that expand access to gender affirming care. This bill will help New
York combat state policies that attempt to ban gender affirming care and
punish kids, their families, and their providers beyond their borders.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
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.
