-  This bill is not active in this session.
 
     
  •  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01709 Summary:

BILL NOA01709B
 
SAME ASSAME AS S01066-B
 
SPONSORReyes
 
COSPNSRPaulin, Otis, Dinowitz, Burgos, Raga, Shrestha, Forrest, Dickens, O'Donnell, Levenberg, Simon, Ardila, Gonzalez-Rojas, Kelles, McDonald, Cunningham, Carroll, Seawright, Fahy, Shimsky, Glick, Gibbs, Rosenthal L, Burdick, Cruz, De Los Santos, Bores, Hevesi, McMahon, Epstein, Wallace, Lavine, Thiele, Sillitti, Aubry, Weprin, Clark, Septimo, Simone, Jacobson, Bronson, Lee
 
MLTSPNSR
 
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.
Go to top

A01709 Text:



 
                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.
Go to top