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S09079 Summary:

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S09079 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9079--B
 
                    IN SENATE
 
                                       May 9, 2022
                                       ___________
 
        Introduced  by Sens. KAPLAN, COONEY, JACKSON, LIU, MAY, MAYER, RIVERA --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Higher  Education  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  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,
    21  by itself, constitute professional misconduct under this title, or title
    22  two-A of article two of the public health law, or any other law, rule or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15106-08-2
        S. 9079--B                          2
 
     1  regulation  governing  the licensure, certification, or authorization of
     2  such practitioner, nor shall any license, certification or authorization
     3  of a health care practitioner be  revoked,  suspended,  or  annulled  or
     4  otherwise  subject  to  any  other penalty or discipline provided in the
     5  public health law or this title solely on the  basis  that  such  health
     6  care practitioner performed, recommended, or provided any such reproduc-
     7  tive  health  services  for a patient who resides in a state wherein the
     8  performance, recommendation, or provision of  such  reproductive  health
     9  services is illegal.
    10    3.  Nothing  in this section shall be construed to expand the scope of
    11  practice of any individual licensed, certified or authorized under  this
    12  title,  nor  does this section give any such individual the authority to
    13  act outside their scope of practice, as defined in this title.
    14    § 2. Section 230 of the public health law is amended by adding  a  new
    15  subdivision 9-c to read as follows:
    16    9-c.  (a)  Neither  the board for professional medical conduct nor the
    17  office of professional medical conduct shall charge a  licensee,  acting
    18  within  their  scope of practice, with misconduct as defined in sections
    19  sixty-five hundred thirty  and  sixty-five  hundred  thirty-one  of  the
    20  education  law, or cause a report made to the director of such office to
    21  be investigated beyond a preliminary review as set forth in  clause  (A)
    22  of subparagraph (i) of paragraph (a) of subdivision ten of this section,
    23  where such report is determined to be based solely upon the performance,
    24  recommendation,  or  provision  of  any  reproductive health services as
    25  defined in section sixty-five hundred thirty-one-b of the education  law
    26  for  a particular patient by such licensee where such patient resides in
    27  a state wherein the performance, recommendation  or  provision  of  such
    28  reproductive health services is illegal.
    29    (b)  When  a  licensee,  acting within their scope of practice, and in
    30  accordance with paragraph e of subdivision four  of  section  sixty-five
    31  hundred  twenty-seven  of  the  education  law,  performs, recommends or
    32  provides any reproductive health services for a patient who resides in a
    33  state wherein the performance, recommendation, or provision of any  such
    34  reproductive  health  services is illegal, such performance, recommenda-
    35  tion, or  provision  of  such  reproductive  health  services  for  such
    36  patient,  shall  not, by itself, constitute professional misconduct. The
    37  licensee shall otherwise abide  by  all  other  applicable  professional
    38  requirements.
    39    §  3.  Paragraph  (a)  of  subdivision 10 of section 230 of the public
    40  health law is amended by adding a new  subparagraph  (i-a)  to  read  as
    41  follows:
    42    (i-a) The director shall, in addition to the determination required by
    43  clause  (A) of subparagraph (i) of this paragraph, determine if a report
    44  is based solely upon conduct which is otherwise permissible pursuant  to
    45  section  sixty-five hundred thirty-one-b of the education law and subdi-
    46  vision nine-c of this section, and upon a determination by the  director
    47  that  a report is based solely upon such permissible conduct, no further
    48  review shall be conducted and no charges shall be brought.   Nothing  in
    49  this  section  shall  preclude  the director from making such a determi-
    50  nation earlier in, or subsequent to, a preliminary review.
    51    § 4. The education law is amended by adding a new  section  6505-d  to
    52  read as follows:
    53    §  6505-d.  Evaluation of prior disciplinary history for authorization
    54  to practice. An applicant seeking licensure, certification, or  authori-
    55  zation  pursuant  to  this  title  who  has been subject to disciplinary
    56  action by a duly authorized professional disciplinary agency of  another
        S. 9079--B                          3

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