-  This bill is not active in this session.
 

A06046 Summary:

BILL NOA06046B
 
SAME ASSAME AS S02475-B
 
SPONSORBronson
 
COSPNSRShimsky, Gonzalez-Rojas, Hevesi, Reyes, Simone, Seawright, Solages, Cruz, Shrestha, Clark, Simon, Epstein, Paulin, Glick, Gallagher, Lunsford, O'Donnell, Kelles, Rosenthal L, Bores, Burdick, Stirpe, Fahy, Burgos, Weprin, McDonald, Sillitti
 
MLTSPNSR
 
Add 659, Fam Ct Act; add 837-x, Exec L; amd 3119 & 3102, CPLR; amd 140.10, add 570.19, CP L; amd 6531-b & 6505-d, Ed L; amd 230, Pub Health L; amd 3436-a, Ins L
 
Prohibits consideration of a law of another state that authorizes a child to be removed from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming care in custody cases; prohibits law enforcement agencies from cooperating with or providing information to any individual or out-of-state agency or department regarding the provision of lawful gender-affirming care performed in this state; prohibits the issuance of a subpoena in connection with certain out-of-state proceedings relating to seeking health or related information about people who come to New York to receive gender-affirming care; prohibits the arrest of a person for performing or aiding in the lawful performance of gender-affirming care within this state; relates to the extradition of gender-affirming care providers; relates to licensure of health care providers; prohibits insurance providers from taking adverse action against a health care provider who provides gender-affirming care.
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A06046 Actions:

BILL NOA06046B
 
03/31/2023referred to judiciary
04/13/2023amend (t) and recommit to judiciary
04/13/2023print number 6046a
05/24/2023reference changed to codes
05/26/2023amend and recommit to codes
05/26/2023print number 6046b
05/31/2023reported referred to rules
06/01/2023reported
06/01/2023rules report cal.459
06/01/2023ordered to third reading rules cal.459
06/10/2023substituted by s2475b
 S02475 AMEND=B HOYLMAN-SIGAL
 01/20/2023REFERRED TO JUDICIARY
 03/21/2023AMEND (T) AND RECOMMIT TO JUDICIARY
 03/21/2023PRINT NUMBER 2475A
 03/28/2023REPORTED AND COMMITTED TO CODES
 05/31/2023AMEND AND RECOMMIT TO CODES
 05/31/2023PRINT NUMBER 2475B
 06/06/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/06/2023ORDERED TO THIRD READING CAL.1632
 06/06/2023PASSED SENATE
 06/06/2023DELIVERED TO ASSEMBLY
 06/06/2023referred to codes
 06/10/2023substituted for a6046b
 06/10/2023ordered to third reading rules cal.459
 06/10/2023passed assembly
 06/10/2023returned to senate
 06/23/2023DELIVERED TO GOVERNOR
 06/25/2023SIGNED CHAP.143
 06/25/2023APPROVAL MEMO.5
 01/20/2023REFERRED TO JUDICIARY
 03/21/2023AMEND (T) AND RECOMMIT TO JUDICIARY
 03/21/2023PRINT NUMBER 2475A
 03/28/2023REPORTED AND COMMITTED TO CODES
 05/31/2023AMEND AND RECOMMIT TO CODES
 05/31/2023PRINT NUMBER 2475B
 06/06/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/06/2023ORDERED TO THIRD READING CAL.1632
 06/06/2023PASSED SENATE
 06/06/2023DELIVERED TO ASSEMBLY
 06/06/2023referred to codes
 06/10/2023substituted for a6046b
 06/10/2023ordered to third reading rules cal.459
 06/10/2023passed assembly
 06/10/2023returned to senate
 06/23/2023DELIVERED TO GOVERNOR
 06/25/2023SIGNED CHAP.143
 06/25/2023APPROVAL MEMO.5
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A06046 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6046B
 
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 education law, the public health law and the insurance law, in relation to gender-affirming care   PURPOSE: Relates to certain prohibitions regarding the legal system and gender affirming care   SUMMARY OF PROVISIONS: Section 1 adds a new section 659 to the family court act to ensure that laws of another state that authorize a child to be removed from their parent or guardian based on the parent or guardian allowing the child to receive gender affirming care will-not be enforced or applied in cases pending in a court and that no court shall admit or consider findings of abuse based on gender affirming care. Section 2 adds a new section to the executive law 837-x that prohibits state or local law enforcement agencies from cooperating with out-of- state investigations regarding lawful gender affirming care performed in the state. Section 3 adds .a new subdivision (h) to section 3119 of the civil Prac- tice law and rules to prohibit courts and county clerks from issuing a subpoena in connection with an out-of- state proceeding relating to any gender affirming care which was legally performed, sought, received or supported in this state. Section 4 amends subdivision e of section 3102 of the civil practice law and rules to include gender affirming care. Section 5 adds a new subdivision 3-b to section 140.10 of the criminal procedure law to prohibit police officers from arresting any person for performing or aiding in the procurement of gender affirming care within the state. Section 6 adds a new section 570.19 to the criminal procedure law that prohibits the extradition of gender affirming care providers, seekers, ' parents, guardians, and helpers for gender affirming care lawfully performed in New York. Section 7 amends subdivision 1 of section 6531-b of the education law to define gender affirming care. Section 8 amends subdivision 2 of section 6531-b of the education law to include gender affirming care. Section 9 amends subdivision 9-c of section 230 of the public health law to include gender affirming care. Section 10 amends section 6505-d of the education law to include gender affirming care. Section 11 amends subdivision 1 of section 3436-a of the insurance law to include gender affirming care. Section 12 is the effective date.   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 barriers 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 gend er 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.   LEGISLATIVE HISTORY: A.10138 referred to Judiciary (2022)   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately
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A06046 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6046--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 31, 2023
                                       ___________
 
        Introduced  by M. of A. BRONSON, SHIMSKY, GONZALEZ-ROJAS, HEVESI, REYES,
          SIMONE, SEAWRIGHT, SOLAGES, CRUZ,  SHRESTHA,  CLARK,  SIMON,  EPSTEIN,
          PAULIN,  GLICK,  GALLAGHER, LUNSFORD, O'DONNELL, KELLES, L. ROSENTHAL,
          BORES, BURDICK, STIRPE -- read once and referred to the  Committee  on
          Judiciary  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the  Committee on Codes -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the family court act, the executive law, the civil prac-
          tice law and rules, the criminal procedure law, the education law, the
          public health 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. The family court act is amended by adding a new section 659
     2  to read as follows:
     3    §  659.  Consideration of law allowing gender-affirming care. 1. A law
     4  of another state that authorizes a child to be removed from their parent
     5  or guardian based on the parent or  guardian  allowing  their  child  to
     6  receive gender-affirming care shall not be enforced or applied in a case
     7  pending in a court in this state.
     8    2.  No  court in this state shall admit or consider a finding of abuse
     9  based on the parent or guardian allowing their child to receive or  seek
    10  gender-affirming care as evidence in any proceeding with respect to that
    11  parent  or guardian and any of their children, unless such conduct would
    12  constitute abuse under the laws of this state if  it  occurred  in  this
    13  state.
    14    §  2.  The  executive  law is amended by adding a new section 837-x to
    15  read as follows:
    16    § 837-x. Cooperation  with  certain  out-of-state  investigations.  No
    17  state  or  local  law enforcement agency shall cooperate with or provide
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01793-08-3

        A. 6046--B                          2
 
     1  information to any  individual  or  out-of-state  agency  or  department
     2  regarding  the provision, seeking, or assistance in provision or seeking
     3  of lawful gender-affirming care performed in this state. Nothing in this
     4  section  shall  prohibit  the  investigation of any criminal activity in
     5  this state which may involve the performance  of  gender-affirming  care
     6  provided that no information relating to any medical procedure performed
     7  on  a  specific  individual may be shared with an out-of-state agency or
     8  any other individual.
     9    § 3. Section 3119 of the civil practice law and rules  is  amended  by
    10  adding a new subdivision (h) to read as follows:
    11    (h)  Subpoenas  related to gender-affirming care.  Notwithstanding any
    12  other provisions of law, no court or county clerk shall issue a subpoena
    13  under this section in connection with an out-of-state proceeding  relat-
    14  ing  to  any  gender-affirming care which was legally performed, sought,
    15  received, or supported in this state, unless such out-of-state  proceed-
    16  ing  (1)  sounds  in  tort  or  contract, or is based on statute, (2) is
    17  actionable, in an equivalent or similar manner, under the laws  of  this
    18  state,  and  (3)  was brought by the patient who received the gender-af-
    19  firming care, or the patient's legal representative.
    20    § 4.  Subdivision (e) of section 3102 of the civil  practice  law  and
    21  rules, as amended by chapter 219 of the laws of 2022, is amended to read
    22  as follows:
    23    (e)  Action  pending  in  another  jurisdiction. Except as provided in
    24  section three thousand one hundred nineteen of this article, when  under
    25  any mandate, writ or commission issued out of any court of record in any
    26  other  state,  territory,  district or foreign jurisdiction, or whenever
    27  upon notice or agreement, it is required to  take  the  testimony  of  a
    28  witness  in  the state, he or she may be compelled to appear and testify
    29  in the same manner and by the same process as may be  employed  for  the
    30  purpose of taking testimony in actions pending in the state. The supreme
    31  court  or  a  county  court  shall  make any appropriate order in aid of
    32  taking such a deposition; provided that no order  may  be  issued  under
    33  this  section  in connection with an out-of-state proceeding relating to
    34  any abortion services or procedures or gender-affirming care which  were
    35  legally performed in this state, unless such out-of-state proceeding (1)
    36  sounds  in  tort or contract, or is based on statute, (2) is actionable,
    37  in an equivalent or similar manner, under the laws of  this  state,  and
    38  (3)  was  brought by the patient who received reproductive healthcare or
    39  gender-affirming care, or the patient's legal representative.
    40    § 5. Section 140.10 of the criminal procedure law is amended by adding
    41  a new subdivision 3-b to read as follows:
    42    3-b. A police officer may not arrest  any  person  for  performing  or
    43  aiding in the performance of gender-affirming care within this state, or
    44  in  procuring  or  aiding in the procurement of gender-affirming care in
    45  this state, if the gender-affirming care is performed in accordance with
    46  the provisions of any other applicable law of this state.
    47    § 6. The criminal procedure law is amended by  adding  a  new  section
    48  570.19 to read as follows:
    49  § 570.19 Extradition   of   gender-affirming  care  providers,  seekers,
    50             parents, guardians, and helpers.
    51    No demand for the extradition of a person subject to criminal  liabil-
    52  ity  that  is in whole or part based on the alleged provision or receipt
    53  of, support for, or any theory of vicarious, joint, several or conspira-
    54  cy liability for gender-affirming care lawfully performed  in  New  York
    55  shall  be  recognized  by the governor unless the executive authority of
    56  the demanding state shall allege in writing that the accused was present

        A. 6046--B                          3
 
     1  in the demanding state at the time of  the  commission  of  the  alleged
     2  offense, and that thereafter he, she or they fled from that state.
     3    §  7.  Subdivision 1 of section 6531-b of the education law is amended
     4  by adding a new paragraph (c) to read as follows:
     5    (c) "Gender-affirming care" means any type  of  care  provided  to  an
     6  individual  to  affirm  their  gender  identity  or  gender  expression;
     7  provided that surgical interventions on minors with variations in  their
     8  sex  characteristics that are not sought and initiated by the individual
     9  patient are not gender-affirming care.
    10    § 8. Subdivision 2 of section 6531-b of the education law, as added by
    11  chapter 220 of the laws of 2022, is amended to read as follows:
    12    2. The performance, recommendation, or provision of  any  reproductive
    13  health  services or gender-affirming care, as defined in subdivision one
    14  of this section, by a health care practitioner acting within their scope
    15  of practice, for a patient who resides in a state wherein  the  perform-
    16  ance,  recommendation, or provision of such reproductive health services
    17  or gender affirming-care is illegal, shall not,  by  itself,  constitute
    18  professional  misconduct under this title, or title two-A of article two
    19  of the public health law, or any other law, rule or regulation governing
    20  the licensure, certification, or authorization of such practitioner, nor
    21  shall any license, certification or authorization of a health care prac-
    22  titioner be revoked, suspended, or annulled or otherwise subject to  any
    23  other  penalty  or  discipline provided in the public health law or this
    24  title solely on the basis that such health care practitioner  performed,
    25  recommended,  or  provided  any  such  reproductive  health  services or
    26  gender-affirming care for a patient who resides in a state  wherein  the
    27  performance,  recommendation,  or  provision of such reproductive health
    28  services or gender-affirming care is illegal.
    29    § 9. Subdivision 9-c of section 230 of the public health law, as added
    30  by chapter 220 of the laws of 2022, is amended to read as follows:
    31    9-c. (a) Neither the board for professional medical  conduct  nor  the
    32  office  of  professional medical conduct shall charge a licensee, acting
    33  within their scope of practice, with misconduct as defined  in  sections
    34  sixty-five  hundred  thirty  and  sixty-five  hundred  thirty-one of the
    35  education law, or cause a report made to the director of such office  to
    36  be  investigated  beyond a preliminary review as set forth in clause (A)
    37  of subparagraph (i) of paragraph (a) of subdivision ten of this section,
    38  where such report is determined to be based solely upon the performance,
    39  recommendation, or provision of  any  reproductive  health  services  as
    40  defined in section sixty-five hundred thirty-one-b of the education law,
    41  or gender-affirming care for a particular patient by such licensee where
    42  such  patient resides in a state wherein the performance, recommendation
    43  or provision of such reproductive health  services  or  gender-affirming
    44  care is illegal.
    45    (b)  When  a  licensee,  acting within their scope of practice, and in
    46  accordance with paragraph e of subdivision four  of  section  sixty-five
    47  hundred  twenty-seven  of  the  education  law,  performs, recommends or
    48  provides any reproductive health services or gender-affirming care for a
    49  patient who resides in a state wherein the performance,  recommendation,
    50  or  provision of any such reproductive health services or gender-affirm-
    51  ing care is illegal, such performance, recommendation, or  provision  of
    52  such  reproductive  health  services  or  gender-affirming care for such
    53  patient, shall not, by itself, constitute professional misconduct.   The
    54  licensee  shall  otherwise  abide  by  all other applicable professional
    55  requirements.

        A. 6046--B                          4
 
     1    § 10. Section 6505-d of the education law, as added by chapter 220  of
     2  the laws of 2022, is amended to read as follows:
     3    §  6505-d.  Evaluation of prior disciplinary history for authorization
     4  to practice. An applicant seeking licensure, certification, or  authori-
     5  zation  pursuant  to  this  title  who  has been subject to disciplinary
     6  action by a duly authorized professional disciplinary agency of  another
     7  jurisdiction  solely  on  the basis of having performed, recommended, or
     8  provided an abortion pursuant to  section  twenty-five  hundred  ninety-
     9  nine-bb  of the public health law, or gender-affirming care shall not be
    10  denied such  licensure,  certification,  or  authorization,  unless  the
    11  department  determines  that  such action would have constituted profes-
    12  sional misconduct in this state. Provided however, that nothing in  this
    13  section shall be construed as prohibiting the department from evaluating
    14  the conduct of such applicant and making a determination to be licensed,
    15  certified, or authorized to practice a profession under this title.
    16    §  11. The section heading and subsection (a) of section 3436-a of the
    17  insurance law, as amended by section 4 of part LL of chapter 57  of  the
    18  laws of 2023, are amended to read as follows:
    19    Adverse  action  against  legal reproductive health care or gender-af-
    20  firming care. (a) Every insurer that issues or renews  medical  malprac-
    21  tice  insurance  covering a health care provider licensed to practice in
    22  this state shall be prohibited from taking any adverse action against  a
    23  health  care  provider solely on the basis that the health care provider
    24  performs an abortion or provides reproductive health care or  gender-af-
    25  firming  care  that is legal in this state on someone who is from out of
    26  the state. Such policy shall include health care providers  who  legally
    27  prescribe abortion medication to out-of-state patients by means of tele-
    28  health.
    29    § 12. This act shall take effect immediately.
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A06046 LFIN:

 NO LFIN
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