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.
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.
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.
