A09687 Summary:

BILL NOA09687B
 
SAME ASSAME AS S09079-B
 
SPONSORRosenthal L
 
COSPNSRGlick, Fahy, Galef, Gallagher, Seawright, Cruz, Simon, Davila, Gonzalez-Rojas, Griffin, Sillitti, Dickens, Gottfried, Epstein, Dinowitz, Benedetto, Jacobson, Cook, Lavine, Zebrowski, Otis, O'Donnell, Paulin, McMahon, Carroll, Fernandez, Abinanti, Mamdani, Weprin, Lupardo
 
MLTSPNSR
 
Add §§6531-b & 6505-d, Ed L; amd §230, Pub Health L
 
Prohibits professional misconduct charges against health care practitioners on the basis that such health care practitioner, acting within their scope of practice, performed, recommended or provided reproductive health care services for a patient who resides in a state wherein such reproductive health services are illegal.
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A09687 Actions:

BILL NOA09687B
 
03/28/2022referred to higher education
05/10/2022amend (t) and recommit to higher education
05/10/2022print number 9687a
05/29/2022amend and recommit to higher education
05/29/2022print number 9687b
05/30/2022reference changed to ways and means
06/01/2022reported referred to rules
06/02/2022reported
06/02/2022rules report cal.624
06/02/2022substituted by s9079b
 S09079 AMEND=B KAPLAN
 05/09/2022REFERRED TO HIGHER EDUCATION
 05/12/2022AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
 05/12/2022PRINT NUMBER 9079A
 05/28/2022AMEND AND RECOMMIT TO HIGHER EDUCATION
 05/28/2022PRINT NUMBER 9079B
 05/31/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/31/2022ORDERED TO THIRD READING CAL.1624
 05/31/2022PASSED SENATE
 05/31/2022DELIVERED TO ASSEMBLY
 05/31/2022referred to ways and means
 06/02/2022substituted for a9687b
 06/02/2022ordered to third reading rules cal.624
 06/02/2022passed assembly
 06/02/2022returned to senate
 06/13/2022DELIVERED TO GOVERNOR
 06/13/2022SIGNED CHAP.220
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A09687 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9687B
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the education law and the public health law, in relation to prohibiting disciplinary measures against health care practitioners for providing reproductive health services to patients who reside in states where such services are illegal   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to: ensure that health care practitioners, acting within their scope of practice, are not charged with professional misconduct in New York solely on the basis of providing reproductive health services to patients residing in states where such services are illegal; and provide that out-of-state applicants seeking licensure, certification or authorization in New York are not denied such licen- sure, certification or authorization solely on the basis of being subject to disciplinary action by another jurisdiction for performing an abortion pursuant to section 2599-bb of the public health law.   SUMMARY OF PROVISIONS: Section 1 amends the education law by adding a new section 6531-b. Section 2 amends Section 230 the public health law adding a new subdivi- sion 9-c. Section 3 amends paragraph (a) of subdivision 10 of section 230 of the public health law by adding a new subparagraph (i-a). Section 4 amends the education law by adding a new section 6505-d. Section 5 establishes the effective date.   JUSTIFICATION: Restrictive abortion bans have been introduced in states throughout the country. In 2021, Texas passed SB 8 into law. This extreme new law encourages individuals to help enforce the law by offering $10,000 "bounties" to anyone who successfully sues someone who "aids or abets" an abortion after six weeks of pregnancy, which is earlier than many women even miss their period. These bans, and especially Texas' bounty, have made it extremely diffi- cult and even dangerous for women throughout the country to access safe reproductive healthcare in their own states. These bans criminalize the procedure for both patients and healthcare providers. According to a 2021 study by Planned Parenthood, the number of patients with a Texas zip code who sought care from Planned Parenthood Centers in other states has been increasing by an average of 6%- per month. Despite the extreme law, women in Texas will still need access to abortion and other related reproductive medical services, and they will likely seek out those services from reputable providers in states where abortion is legal. It is vital that New York State do all it can to ensure that anyone who needs an abortion can receive one, and that any health care practition- er, acting within their lawful scope of practice, who provides such services does not risk their license as a result. Further, this bill ensures that prospective New York health care practi- tioners who have faced disciplinary action in another jurisdiction sole- ly on the basis of having provided an abortion, are not denied licensure in New York, while preserving the State Education Department's (SED) ability to evaluate and determine whether an applicant may practice in New York. This legislation will protect doctors and ensure that abortion services can be safely accessed in New York.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A09687 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9687--B
 
                   IN ASSEMBLY
 
                                     March 28, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL, GLICK, FAHY, GALEF, GALLAGHER,
          SEAWRIGHT, CRUZ, SIMON,  DAVILA,  GONZALEZ-ROJAS,  GRIFFIN,  SILLITTI,
          DICKENS,  GOTTFRIED,  EPSTEIN,  DINOWITZ,  BENEDETTO,  JACOBSON, COOK,
          LAVINE, ZEBROWSKI, OTIS -- read once and referred to the Committee  on
          Higher  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the education law and the public health law, in relation
          to prohibiting disciplinary measures against health care practitioners
          for providing reproductive health services to patients who  reside  in
          states where such services are illegal
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section 6531-b
     2  to read as follows:
     3    § 6531-b. Exceptions; reproductive health services. 1. As used in this
     4  section, the following terms shall have the following meanings:
     5    (a) "Reproductive health services" shall include:
     6    (i) abortion pursuant to section twenty-five hundred ninety-nine-bb of
     7  the public health law;
     8    (ii)  emergency  contraception  as  defined  in  section  twenty-eight
     9  hundred five-p of the public health law; and
    10    (iii)  medical,  surgical, counseling or referral services relating to
    11  the human reproductive system, including services relating to  pregnancy
    12  or the termination of a pregnancy.
    13    (b)  "Health care practitioner" means a person who is licensed, certi-
    14  fied, or authorized under this title  and  acting  within  their  lawful
    15  scope of practice.
    16    2.  The  performance, recommendation, or provision of any reproductive
    17  health services as defined in subdivision one  of  this  section,  by  a
    18  health  care  practitioner  acting within their scope of practice, for a
    19  patient who resides in a state wherein the performance,  recommendation,
    20  or provision of such reproductive health services is illegal, shall not,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15106-07-2

        A. 9687--B                          2
 
     1  by itself, constitute professional misconduct under this title, or title
     2  two-A of article two of the public health law, or any other law, rule or
     3  regulation  governing  the licensure, certification, or authorization of
     4  such practitioner, nor shall any license, certification or authorization
     5  of  a  health  care  practitioner  be revoked, suspended, or annulled or
     6  otherwise subject to any other penalty or  discipline  provided  in  the
     7  public  health  law  or  this title solely on the basis that such health
     8  care practitioner performed, recommended, or provided any such reproduc-
     9  tive health services for a patient who resides in a  state  wherein  the
    10  performance,  recommendation,  or  provision of such reproductive health
    11  services is illegal.
    12    3. Nothing in this section shall be construed to expand the  scope  of
    13  practice  of any individual licensed, certified or authorized under this
    14  title, nor does this section give any such individual the  authority  to
    15  act outside their scope of practice, as defined in this title.
    16    §  2.  Section 230 of the public health law is amended by adding a new
    17  subdivision 9-c to read as follows:
    18    9-c. (a) Neither the board for professional medical  conduct  nor  the
    19  office  of  professional medical conduct shall charge a licensee, acting
    20  within their scope of practice, with misconduct as defined  in  sections
    21  sixty-five  hundred  thirty  and  sixty-five  hundred  thirty-one of the
    22  education law, or cause a report made to the director of such office  to
    23  be  investigated  beyond a preliminary review as set forth in clause (A)
    24  of subparagraph (i) of paragraph (a) of subdivision ten of this section,
    25  where such report is determined to be based solely upon the performance,
    26  recommendation, or provision of  any  reproductive  health  services  as
    27  defined  in section sixty-five hundred thirty-one-b of the education law
    28  for a particular patient by such licensee where such patient resides  in
    29  a  state  wherein  the  performance, recommendation or provision of such
    30  reproductive health services is illegal.
    31    (b) When a licensee, acting within their scope  of  practice,  and  in
    32  accordance  with  paragraph  e of subdivision four of section sixty-five
    33  hundred twenty-seven of  the  education  law,  performs,  recommends  or
    34  provides any reproductive health services for a patient who resides in a
    35  state  wherein the performance, recommendation, or provision of any such
    36  reproductive health services is illegal, such  performance,  recommenda-
    37  tion,  or  provision  of  such  reproductive  health  services  for such
    38  patient, shall not, by itself, constitute professional  misconduct.  The
    39  licensee  shall  otherwise  abide  by  all other applicable professional
    40  requirements.
    41    § 3. Paragraph (a) of subdivision 10 of  section  230  of  the  public
    42  health  law  is  amended  by  adding a new subparagraph (i-a) to read as
    43  follows:
    44    (i-a) The director shall, in addition to the determination required by
    45  clause (A) of subparagraph (i) of this paragraph, determine if a  report
    46  is  based solely upon conduct which is otherwise permissible pursuant to
    47  section sixty-five hundred thirty-one-b of the education law and  subdi-
    48  vision  nine-c of this section, and upon a determination by the director
    49  that a report is based solely upon such permissible conduct, no  further
    50  review  shall  be conducted and no charges shall be brought.  Nothing in
    51  this section shall preclude the director from  making  such  a  determi-
    52  nation earlier in, or subsequent to, a preliminary review.
    53    §  4.  The  education law is amended by adding a new section 6505-d to
    54  read as follows:
    55    § 6505-d. Evaluation of prior disciplinary history  for  authorization
    56  to  practice. An applicant seeking licensure, certification, or authori-

        A. 9687--B                          3

     1  zation pursuant to this title  who  has  been  subject  to  disciplinary
     2  action  by a duly authorized professional disciplinary agency of another
     3  jurisdiction solely on the basis of having  performed,  recommended,  or
     4  provided  an  abortion  pursuant  to section twenty-five hundred ninety-
     5  nine-bb of the public health law, shall not be  denied  such  licensure,
     6  certification,  or  authorization, unless the department determines that
     7  such action would  have  constituted  professional  misconduct  in  this
     8  state. Provided however, that nothing in this section shall be construed
     9  as prohibiting the department from evaluating the conduct of such appli-
    10  cant and making a determination to be licensed, certified, or authorized
    11  to practice a profession under this title.
    12    §  5.  This act shall take effect immediately; provided, however, that
    13  the amendments to paragraph (a) of subdivision 10 of section 230 of  the
    14  public health law made by section three of this act shall not affect the
    15  expiration of such paragraph and shall be deemed expired therewith.
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A09687 Chamber Video/Transcript:

6-2-22Video (@ 07:15:31)
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