Amd 570.17 & 140.10, CP L; ren 837-w to be 837-x, amd 837-x, Exec L; amd 3119 & 3102, add 4550, CPLR; amd
3436-a, Ins L; amd 6531-b, Ed L
 
Provides certain legal protections for reproductive health service providers who provide legally protected health activities including protection from extradition, arrest and legal proceedings in other states relating to such services; restricts the use of evidence relating to the involvement of a party in providing legally protected health activity to persons located out-of-state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1709B
SPONSOR: Reyes
 
TITLE OF BILL:
An act to amend the criminal procedure law, the executive law, the civil
practice law and rules, the insurance law and the education law, in
relation to legally protected health activity providers
 
PURPOSE:
To ensure telehealth services are explicitly included in existing safe-
guards and protections for reproductive health care services.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 570.17 of the criminal procedure law to estab-
lish definitions of "reproductive health services" and "legally
protected health activity." Further, it prevents the governor from
recognizing any demand, except as required by federal law, for the
extradition of a person charged with any legally protected health activ-
ity, unless the executive authority of the demanding state alleges in
writing that the accused was physically present in the demanding state
at the time of the commission of the alleged crime, and thereafter they
fled from that state.
Section 2 amends subdivision 3-a of section 140.10 of the criminal
procedure law to prevent a police officer from arresting any person for
performing any legally protected health activity in this state.
Section 3 amends section 837-w of the executive law, renumbering it as
section 837-x, to prevent any government employee or entity or other
person acting on behalf of state or local government from cooperating
with any individual or out-of-state agency or department regarding any
legally protected health activity occurring in New York, or using any
time and/or resources in furtherance of any investigation or proceeding
initiated in or by another state that aims to impose civil or criminal
liability or professional sanctions on a person or entity for any legal-
ly protected health activity. Second, it preserves the right of authori-
ties to investigate any alleged violations of reproductive health
services in accordance with the laws of New York, so long as information
relating to any medical procedure, performed on a specific individual is
not shared with an out-of-state agency or other individual. Lastly, it
explicitly requires compliance with any court-issued subpoena or warrant
in connection with any civil, criminal or professional sanctions inves-
tigation that is not related to any legally protected health activity.
Section 4 amends subdivision (g) of section 3119 of the civil practice
law and rules to prevent any New York court from issuing a subpoena in
connection with an out-of-state proceeding relating to any legally
protected health activity that occurred in this state. It also creates
an exception to the subpoena rule for patients that receive reproductive
health services and commence an out-of-state proceeding.
Section 5 amends subdivision (e) of section 3102 of the civil practice
law and rules to prevent any New York court from aiding in the
production of any out- of-state deposition request in relation to any
'legally protected health activity that occurs in this state.
Section 6 amends the civil practice law and rules by adding a new
section 4550 that prevents evidence relating to a party engaged in any
legally protected health activity, who provides reproductive health
services to persons. not physically present in this state, from being
offered to support any allegations of wrongdoing, whether civil, crimi-
nal, or professional, or otherwise by virtue of recipients of such
services not being physically present in this state. It also creates an
exception to this rule by allowing the production of evidence in cases
sounding in tort, contract, or statute, under other actionable laws of
this state, or if it is brought by the patient who received reproductive
health services.
Section 7 amends section 3436-a of the insurance law to prevent any
medical malpractice insurer from taking adverse action against any
health care provider for performing reproductive health services that
are legal in New York on someone who is from out of state. It then gives
the superintendent express authorization to interpret reproductive
health services as if it were stated within this article.
Section 8 amends Paragraph 36 of subsection (i) of section 3216 of the
insurance law to require that every policy providing hospital, surgical
or medical coverage and which offers maternity coverage also provide
coverage for legally protected health activity. It then gives the super-
intendent express authorization to interpret legally protected health
activity as if it were stated within this article. Lastly, it prevents
any legally protected health activity from being subject to any annual
deductibles or coinsurance, including co-payments, unless the policy is
a high deductible health plan as defined in the Internal Revenue Code.
Section 9 amends paragraph 22 of subsection (k) of section 3221 of the
insurance law, to require that every policy which provides hospital,
surgical, or medical coverage and which offers maternity coverage also
provide coverage for legally protected health activity. It then gives
the superintendent express authorization to interpret legally protected
health activity as if it were stated within this article. Second, it
prevents any legally protected health activity from being subject to any
annual deductibles or coinsurance, including co-payments, unless the
policy is a high deductible health plan as defined in the Internal
Revenue Code. Third, it allows a group policy that provides hospital,
surgical, or medical expense coverage delivered or issued for delivery
in this state to a religious employer to exclude coverage for legally
protected health activity, as is already permitted for abortion it then
sets out the procedures a religious employer must follow in order to
receive this exemption.
Section 10 amends subsection (ss) of section 4303 of the insurance law
to require that every policy that provides hospital, surgical, or
medical coverage and which offers maternity care coverage provide cover-
age for legally protected health activity for an enrollee. It then gives
the superintendent express authorization to interpret legally protected
health activity as if it were stated within this article. Second, it
prevents any legally protected health activity from being subject to any
annual deductibles or coinsurance, including co-payments, unless the
policy is a high deductible health plan as defined in the Internal
Revenue Code. Third, it allows a group policy that provides hospital,
surgical, or medical expense coverage delivered or issued for delivery
in this state to a religious employer to exclude coverage for legally
protected health activity, as is already permitted for abortion. It then
Sets out the procedUres a religious employer must follow in order to
receive this exemption.
Section 11 amends subdivision 2 of section 6531-b of the education law
to prevent any legally protected health activity performed by a health
care practitioner acting in their scope of practice from constituting
professional misconduct, whether relating to any law, rule or regulation
governing the licensure, certification, or authorization. of any practi-
tioner, or rules governing revocation, suspension, annulment, penalty,
or disciplinary action.
Section 12 adds a severability clause, indicating that the invalidation
of any one provision does not affect the validity of any other provision
of the act.
Section 13 adds a choice of law clause, indicating that this Act shall
be exclusively governed by and construed pursuant to the laws of the
state of New York.
Section 14 adds a conflict of laws clause requiring that, in the event
that any laws in the state of New York conflict with this act, this act
shall govern.
Section 15 sets forth the effective date.
 
JUSTIFICATION:
The effects of the Supreme Court's June 2022 ruling in Dobbs v. Jackson
Women's Health Organization) (1) -- where the fundamental right to an
abortion enshrined in Roe v. Wade was overturned -- have been nothing
short of devastating to women around the country. As the Guttmacher.
Institute reports, nearly 40 million U.S. women of reproductive age (58%
of the total number) live in states that have demonstrated hostility to
abortion rights.(2)-Since the Dobbs decisions at least 66 clinics across
15 states have closed. And as of October 2022, there were no providers
serving patients in at least 14 states.(3)
In the wake of Dobbs, medication abortion has become a lifeline for many
individuals seeking abortions in hostile states. Medication abortion
has become increasingly common over the last 20 years -- it now accounts
for more than 50% of faCility-based abortions, according to the Gutt-
macher Institute.(4) Plan C and Aid Access, organizations which help
people access medication abortions, both reported significant increases
in site traffic immediately following the publication of the leaked
draft opin- ion in Dobbs.(5) And according to a study released by the
medical journal JAMA, there was a nearly 120 percent increase in
abortion pill orders from overseas providers placed in July and August
of 2022.(6)
The post-Dobbs landscape has placed strenuous burdens on patients who
already have difficulty accessing an abortion, including people with
limited financial resourcea, people of color, LGBTQ individuals and
young people.(7) Moreover, as a report from JAMA found, abortion bans
and restrictions have decreased access to safe abortions, particularly
among those living in the South, and those who are poor, Black or Native
American.(8) Even in states where abortion is available, the influx of
patients from states with severe restrictions has created burdensome
wait times and safety risks for those looking to obtain reproductive
health services.
Following the leaked opinion in Dobbs, the New. York State legislature
enacted a broad, prophylactic package of laws that protected abortion
and reproductive health rights in the state. This package, signed by the
governor on June 13, 2022, recognized reproductive rights as human
rights, and established new safeguards to protect the rights of patients
and reproductive healthcare providers across New York State.(9)
Notably, this legislative package: (1) created a cause of action for
unlawful interference with reproductive rights; (ii) provided legal
protections for abortion service providers; (iii) prohibited profes-
sional misconduct charges against healthcare practitioners who provide
reproductive health services to patients residing in states where such
services are illegal; (iv) prevented medical malpractice insurance
.companies from taking adverse action against a reproductive healthcare
provider who performs an abortion or provides reproductive healthcare
that is legal in New York on someone who is from out of state; (v)
included reproductive healthcare providers, employees, volunteers, and
patients in the state's address confidentiality program; and (vi)
authorized a study to report on unmet health and resource needs facing
pregnant people in New York and the impact of limited service pregnancy
centers.(10)
Despite these protections, one critical area the package did not explic-
itly address was reproductive health services in the context of tele-
health and telehealth services. Generally, telehealth is the provision
of professional health care service over geographical distances by means
of modern telecommunications technology. Telehealth is a commonly used
tool in the daily work of health care practitioners, providing patients
with access to health care professionals in a private setting without
the burdens of travel.
This legislation builds upon the abortion and reproductive health
services laws signed in June 2022 by explicitly adding protections for
telehealth and telehealth services. As many states across the country
have enacted abortion bans and draconian reproductive rights
restrictions following the Dobbs decision, this bill fills an important
gap by safeguarding health care practitioners in New York from out-of-
state activities that impede upon their ability to provide necessary
reproductive health services to patients.
Notably, this bill adds a new definition of "legally protected health
activity" to encompass "reproductive health services," which explicitly
includes telehealth and telehealth services.
Second, it amends the appropriate civil and criminal procedure laws-con-
cerning extradition, arrests, and coordination with any out-of-state
investigations or evidentiary requests-to operate as a shield to New
York health care practitioners who perform any legally protected health
activity against states who try to impose disciplinary actions upon
them. Third, it amends the education law to prevent New York health
care practitioners from professional disciplinary action for legally
protected health activity. Lastly, it amends the insurance law to
prevent medical malpractice insurers from taking adverse action against
health care practitioners for legally protected health activity, and
prevents insurance companies from imposing any annual deductibles or
coinsurance for legally protected health activity.
This bill will strengthen New York's role as a nation-wide leader in
reproductive rights, creating new avenues for those who live in states
with severe abortion restrictions.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS: None.
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, the amend-
ments to subparagraph (B) of paragraph 36 of subsection (i) of section
3216 of the insurance law made by section eight of this act shall take
effect on the same date and in the same manner as section 1 of part R of
chapter 57 of the laws of 2022, takes effect.
1 Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022) (herein-
after Dobbs).
2 Guttmacher Institute (Elizabeth Nash), State Abortion Policy Land-
scape: From Hostile to Supportive, 8TTPS://WWW.GUTTMACHER.
ORG/ARTICLE/2019/08/STATE-A BORTION-POLICY-LANDSCAPE- HOSTILE-SUPPORTIVE
(last checked, Jan. 3, 2023).
3 Guttmacher Institute (Marielle Kirstein, Joerg Breweke, Rachel Jones,
& Jess Philbin), 100 Days Post-Roe: At Least 66 Clinics Across 15 US
States Have Stopped Offering Abortion Care, https://
WWW.GUTTMACHER.ORG/2022/10/100-
DAYS-POST-R0E-LEAST-66-CLINICS-ACROSS-15-US-STATES-HAVE-STOPPED- OFFER-
ING -ABORTION-CARE (last checked, Jan 3, 2023).
4 Guttmacher Institute (Rachel Jones, Elizabeth Nash, Lauren Cross, Jess
Philbin & Marielle Kirstein), Medication Abortion Now Accounts for More
Than Half of All US Abortions,
HTTPS://WWW.GUTTMACHER.ORG/ARTICLE/2022/02/ MEDICATION-ABORTION- NOW-AC-
COUNTS-MORE-HALF-ALL-US- ABORTIONS (last checked Jan 6, 2023).
5 Politico (Ben Leonard), Telemedicine Abortion Providers See a Surge in
Interest, HTTPS://WWW.POLITICO.COMINEWS/2022/05/08/ TELEMEDICINE-ABOR-
TION- PROVIDERS- INTEREST-SURGE-ROE-00030800 (May 8, 2022).
6 JAMA Network (Abigail Aiken, Jennifer Starling, James Scott), Request
for Self-Managed Medication Abortion Provided Using Online Telemedicine,
HTTPS://IAMANETWORK.COM/JOURNALS/JAMA/ ARTICLE-ABSTRACT/2797883 (Nov 1,
2022).
7 Guttmacher Institute (Elizabeth Nash, Peter Ephross), State Policy
trends 2022: In a Devastating Year, US Supreme Court's Decision to Over-
turn Roe Leads to Bans, Confusion, and Chaos, https://
WWW.GUTTMACHER.ORG/2022/12/STATE- POLICY-TRENDS-2022-DEVASTAT- ING-
YEAR-US-SUPREME-COURTS-DECISIONOVERTURN-ROE-LEADS (last checked, Jan. 3,
2023).
8 JAMA Network, Estimated Travel Time and Spatial Access to Abortion
Facilities in the US Before and After the Dobbs v. Jackson Women's
Health Decision,
https://jamanetwork.com/journals/jama/article-abstract/2798215, (Nov 1,
2022)
9 Governor Hochul Signs Nation-Leading Legislative Package to Protect
Abortion and Reproductive Rights for All,
HTTPSWWWW.GOVERNOR.NY.GOVINEWS/GOVERNOR-HOCHUL-SIGNS-NATION-
LEADING-LEGISLATIVE -0A.CKAGE-PROTECT-A PORTIONAND- REPRODUCTIVE (June
13, 2022)
10 Id.
STATE OF NEW YORK
________________________________________________________________________
1709--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. REYES, PAULIN, OTIS, DINOWITZ, BURGOS, RAGA,
SHRESTHA, FORREST, DICKENS, O'DONNELL, LEVENBERG, SIMON, ARDILA,
GONZALEZ-ROJAS, KELLES, McDONALD, CUNNINGHAM, CARROLL, SEAWRIGHT,
FAHY, SHIMSKY, GLICK, GIBBS, L. ROSENTHAL, BURDICK, CRUZ,
DE LOS SANTOS, BORES, HEVESI, McMAHON, EPSTEIN, WALLACE, LAVINE,
THIELE, SILLITTI, AUBRY, WEPRIN, CLARK, SEPTIMO, SIMONE, JACOBSON --
read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, the executive law, the civil
practice law and rules, the insurance law and the education law, in
relation to legally protected health activity providers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 570.17 of the criminal procedure law, as amended by
2 chapter 101 of the laws of 2023, is amended to read as follows:
3 § 570.17 Extradition [of abortion providers] for legally protected
4 health activity.
5 [No] 1. For purposes of this section, the following terms shall have
6 the following meanings:
7 (a) "Reproductive health services" shall mean and include all
8 services, care, or products of a medical, surgical, psychiatric, thera-
9 peutic, diagnostic, mental health, behavioral health, preventative,
10 rehabilitative, supportive, consultative, referral, prescribing, or
11 dispensing nature relating to the human reproductive system provided in
12 accordance with the constitution and the laws of this state, whether
13 provided in person or by means of telehealth or telehealth services,
14 which includes, but is not limited to, all services, care and products
15 relating to pregnancy, assisted reproduction, contraception, miscarriage
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04071-09-3
A. 1709--B 2
1 management or the termination of a pregnancy, and self-managed termi-
2 nations.
3 (b) "Legally protected health activity" shall mean and include the
4 following acts and omissions by providers and facilitators of reproduc-
5 tive health services, to the extent they are not in violation of the
6 constitution or the laws of this state, provided that such provider is
7 physically present in the state:
8 (i) the exercise or attempted exercise by any person of rights to
9 reproductive health services as secured by the constitution or laws of
10 this state or the provision of insurance coverage for such services or
11 care; and
12 (ii) any act or omission undertaken to aid or encourage, or attempt to
13 aid or encourage, any person in the exercise or attempted exercise of
14 rights to reproductive health services as secured by the constitution or
15 laws of this state, or to provide insurance coverage for such services
16 or care; provided, however, that the provision of such reproductive
17 health services by a person duly licensed under the laws of this state
18 and physically present in this state and the provision of insurance
19 coverage for such services or care shall be a legally protected health
20 activity if the service or care is permitted under the laws of this
21 state, regardless of the patient's location.
22 2. Except as required by federal law, no demand for the extradition of
23 a person subject to criminal liability that is in whole or in part based
24 on the alleged provision or receipt of, assistance in provision or
25 receipt of, material support for, or any theory of vicarious, joint,
26 several or conspiracy liability for [reproductive health care services
27 lawfully] any legally protected health activity performed in New York
28 shall be recognized by the governor unless the executive authority of
29 the demanding state shall allege in writing that the accused was phys-
30 ically present in the demanding state at the time of the commission of
31 the alleged crime, and that thereafter he, she or they fled from that
32 state.
33 § 2. Subdivision 3-a of section 140.10 of the criminal procedure law,
34 as amended by chapter 101 of the laws of 2023, is amended to read as
35 follows:
36 3-a. A police officer may not arrest any person for [performing or
37 aiding in the performance of an abortion] any legally protected health
38 activity within this state [that is performed in accordance with the
39 applicable law of this state, for seeking to end, or ending, or aiding
40 another in ending their pregnancy within this state, or for procuring or
41 aiding in the procurement of an abortion within this state] as defined
42 in section 570.17 of this chapter.
43 § 3. Section 837-w of the executive law, as amended by chapter 101 of
44 the laws of 2023, is renumbered section 837-x and amended to read as
45 follows:
46 § 837-x. Cooperation with certain out-of-state investigations. 1. For
47 purposes of this section, the following terms shall have the following
48 meanings:
49 (a) "Reproductive health services" shall have the same meaning as
50 paragraph (a) of subdivision one of section 570.17 of the criminal
51 procedure law; and
52 (b) "Legally protected health activity" shall have the same meaning as
53 paragraph (b) of subdivision one of section 570.17 of the criminal
54 procedure law.
55 2. No state or local [law enforcement agency] government employee or
56 entity or other person acting on behalf of state or local government
A. 1709--B 3
1 shall cooperate with or provide information to any individual or out-of-
2 state agency or department [related to the performance or aiding in the
3 performance of an abortion within this state that is performed in
4 accordance with the applicable law of this state, ending, seeking to
5 end, or aiding another in ending their pregnancy within this state, or
6 procuring or aiding in the procurement of an abortion within] regarding
7 any legally protected health activity in this state, or otherwise expend
8 or use time, moneys, facilities, property, equipment, personnel or other
9 resources in furtherance of any investigation or proceeding that seeks
10 to impose civil or criminal liability or professional sanctions upon a
11 person or entity for any legally protected health activity occurring in
12 this state. Nothing in this section shall prohibit the investigation of
13 any [criminal activity in this state which may involve the performance
14 of an abortion] reproductive health services rendered in violation of
15 the laws of this state, provided that no information relating to any
16 medical procedure performed on a specific individual may be shared with
17 an out-of-state agency or any other individual. Nothing in this section
18 shall prohibit compliance with a valid, court-issued subpoena or warrant
19 which does not relate to a law seeking to impose civil or criminal
20 liability or professional sanctions for a legally protected health
21 activity, or in response to the written request of a person who is the
22 subject of such an investigation or proceeding, to the extent necessary,
23 in each case, to fulfill such request.
24 § 4. Subdivision (g) of section 3119 of the civil practice law and
25 rules, as added by chapter 219 of the laws of 2022, is amended to read
26 as follows:
27 (g) (1) Out-of-state [abortion] proceedings regarding legally
28 protected health activities. Notwithstanding any other provisions of
29 this section or any other law, no court or county clerk shall issue a
30 subpoena under this section in connection with an out-of-state proceed-
31 ing relating to any [abortion services or procedures] legally protected
32 health activity which [were legally performed] occurred in this state,
33 unless such out-of-state proceeding [(1)] (i) sounds in tort or
34 contract[, or is based on statute], [(2)] (ii) is actionable, in an
35 equivalent or similar manner, under the laws of this state, and [(3)]
36 (iii) was brought by the patient who received reproductive [healthcare]
37 health services as defined in paragraph (a) of subdivision one of
38 section 570.17 of the criminal procedure law, or the patient's legal
39 representative, so long as the patient gives express consent.
40 (2) For purposes of this subdivision, the terms "legally protected
41 health activity" and "reproductive health services" shall have the same
42 meanings as defined in subdivision one of section 570.17 of the criminal
43 procedure law.
44 § 5. Subdivision (e) of section 3102 of the civil practice law and
45 rules, as amended by chapter 219 of the laws of 2022, is amended to read
46 as follows:
47 (e) Action pending in another jurisdiction. Except as provided in
48 section three thousand one hundred nineteen of this article, when under
49 any mandate, writ or commission issued out of any court of record in any
50 other state, territory, district or foreign jurisdiction, or whenever
51 upon notice or agreement, it is required to take the testimony of a
52 witness in the state, he or she may be compelled to appear and testify
53 in the same manner and by the same process as may be employed for the
54 purpose of taking testimony in actions pending in the state. The supreme
55 court or a county court shall make any appropriate order in aid of
56 taking such a deposition; provided that no order may be issued under
A. 1709--B 4
1 this section in connection with an out-of-state proceeding relating to
2 any [abortion services or procedures] legally protected health activity,
3 as defined in paragraph (b) of subdivision one of section 570.17 of the
4 criminal procedure law which [were legally performed] occurred in this
5 state, unless such out-of-state proceeding (1) sounds in tort or
6 contract[, or is based on statute], (2) is actionable, in an equivalent
7 or similar manner, under the laws of this state, and (3) was brought by
8 the patient who received reproductive [healthcare] health services, or
9 the patient's legal representative.
10 § 6. The civil practice law and rules is amended by adding a new
11 section 4550 to read as follows:
12 § 4550. Admissibility of evidence related to legally protected health
13 activity. Evidence relating to the involvement of a party engaging in
14 one or more legally protected health activity, as defined in paragraph
15 (b) of subdivision one of section 570.17 of the criminal procedure law,
16 relating to providing reproductive health services to persons not phys-
17 ically present in this state shall not be offered against such party as
18 evidence that such party has engaged in any wrongdoing, whether civil,
19 criminal, professional, or otherwise by virtue of such recipients of
20 such services not being physically present in this state. Nothing in
21 this section shall prevent a party from offering such evidence in a
22 proceeding that (i) sounds in tort or contract, (ii) is actionable, in
23 an equivalent or similar manner, under the laws of this state, and (iii)
24 was brought by the patient who received reproductive health services, or
25 the patient's legal representative.
26 § 7. Subsection (a) of section 3436-a of the insurance law, as amended
27 by section 4 of part LL of chapter 57 of the laws of 2023, is amended to
28 read as follows:
29 (a) Every insurer that issues or renews medical malpractice insurance
30 covering a health care provider licensed to practice in this state shall
31 be prohibited from taking any adverse action against a health care
32 provider solely on the basis that the health care provider [performs an
33 abortion or provides reproductive health care] engages in legally
34 protected health activity, as defined in paragraph (b) of subdivision
35 one of section 570.17 of the criminal procedure law, that is legal in
36 this state [on] with someone who is from out of the state. The super-
37 intendent is expressly authorized to interpret "legally protected health
38 activity" as if such definition was stated within this section. Such
39 policy shall include health care providers who [legally] prescribe
40 abortion medication to out-of-state patients by means of telehealth.
41 § 8. Subdivision 2 of section 6531-b of the education law, as added by
42 chapter 220 of the laws of 2022, is amended to read as follows:
43 2. The performance, recommendation, or provision of any reproductive
44 health services as defined in subdivision one of this section, or any
45 legally protected health activity as defined in paragraph (b) of subdi-
46 vision one of section 570.17 of the criminal procedure law, by a health
47 care practitioner acting within their scope of practice, for a patient
48 who resides in a state wherein the performance, recommendation, or
49 provision of such reproductive health services is illegal, shall not, by
50 itself, constitute professional misconduct under this title, or title
51 two-A of article two of the public health law, or any other law, rule or
52 regulation governing the licensure, certification, or authorization of
53 such practitioner, nor shall any license, certification or authorization
54 of a health care practitioner be revoked, suspended, or annulled or
55 otherwise subject to any other penalty or discipline provided in the
56 public health law or this title solely on the basis that such health
A. 1709--B 5
1 care practitioner performed, recommended, or provided any such reproduc-
2 tive health services for a patient who resides in a state wherein the
3 performance, recommendation, or provision of such reproductive health
4 services is illegal.
5 § 9. Severability. If any provision of this act, or any application of
6 any provision of this act, is held to be invalid, that shall not affect
7 the validity or effectiveness of any other provision of this act, any
8 other application of any provision of this act, or any other provision
9 of any law or code amended by this act.
10 § 10. Choice of laws. This act shall be exclusively governed by and
11 construed pursuant to the laws of the state of New York, without giving
12 effect to any choice of law principles thereunder.
13 § 11. Conflict of laws. To the extent that any laws in the state of
14 New York conflict with this act, this act shall govern.
15 § 12. This act shall take effect immediately.