STATE OF NEW YORK
________________________________________________________________________
1066
2023-2024 Regular Sessions
IN SENATE
January 9, 2023
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
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 added by
2 chapter 219 of the laws of 2022, 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
16 management or the termination of a pregnancy, and self-managed termi-
17 nations.
18 (b) "Legally protected health activity" shall mean and include the
19 following acts and omissions by providers and facilitators of reproduc-
20 tive health services, to the extent they are not in violation of the
21 constitution or the laws of this state, provided that such provider is
22 physically present in the state:
23 (i) the exercise or attempted exercise by any person of rights to
24 reproductive health services as secured by the constitution or laws of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04071-01-3
S. 1066 2
1 this state or the provision of insurance coverage for such services or
2 care; and
3 (ii) any act or omission undertaken to aid or encourage, or attempt to
4 aid or encourage, any person in the exercise or attempted exercise of
5 rights to reproductive health services as secured by the constitution or
6 laws of this state, or to provide insurance coverage for such services
7 or care; provided, however, that the provision of such reproductive
8 health services by a person duly licensed under the laws of this state
9 and physically present in this state and the provision of insurance
10 coverage for such services or care shall be a legally protected health
11 activity if the service or care is permitted under the laws of this
12 state, regardless of the patient's location.
13 2. Except as required by federal law, no demand for the extradition of
14 a person charged with [providing an abortion] any legally protected
15 health activity, shall be recognized by the governor unless the execu-
16 tive authority of the demanding state shall allege in writing that the
17 accused was physically present in the demanding state at the time of the
18 commission of the alleged crime, and that thereafter he, she or they
19 fled from that state.
20 § 2. Subdivision 3-a of section 140.10 of the criminal procedure law,
21 as added by chapter 219 of the laws of 2022, is amended to read as
22 follows:
23 3-a. A police officer may not arrest any person for [performing or
24 aiding in the performance of an abortion] any legally protected health
25 activity within this state, [or in procuring an abortion in this state,
26 if the abortion is performed in accordance with the provisions of arti-
27 cle twenty-five-A of the public health law or any other applicable law
28 of this state] as defined in section 570.17 of this chapter.
29 § 3. Section 837-w of the executive law, as added by chapter 219 of
30 the laws of 2022, is renumbered section 837-x and amended to read as
31 follows:
32 § 837-x. Cooperation with certain out-of-state investigations. 1. For
33 purposes of this section, the following terms shall have the follow-
34 ing meanings:
35 (a) "Reproductive health services" shall have the same meaning as
36 paragraph (a) of subdivision one of section 570.17 of the criminal
37 procedure law; and
38 (b) "Legally protected health activity" shall have the same meaning as
39 paragraph (b) of subdivision one of section 570.17 of the criminal
40 procedure law.
41 2. No state or local [law enforcement agency] government employee or
42 entity or other person acting on behalf of state or local government
43 shall cooperate with or provide information to any individual or out-of-
44 state agency or department regarding [the provision of a lawful abortion
45 performed] any legally protected health activity occurring in this
46 state, or otherwise expend or use time, moneys, facilities, property,
47 equipment, personnel or other resources in furtherance of any investi-
48 gation or proceeding that seeks to impose civil or criminal liability or
49 professional sanctions upon a person or entity for any legally protected
50 health activity occurring in this state. Nothing in this section shall
51 prohibit the investigation of any [criminal activity in this state which
52 may involve the performance of an abortion] reproductive health services
53 rendered in violation of the laws of this state, provided that no infor-
54 mation relating to any medical procedure performed on a specific indi-
55 vidual may be shared with an out-of-state agency or any other individ-
56 ual. Nothing in this section shall prohibit compliance with a valid,
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1 court-issued subpoena or warrant which does not relate to a law seeking
2 to impose civil or criminal liability or professional sanctions for a
3 legally protected health activity, or in response to the written request
4 of a person who is the subject of such an investigation or proceeding,
5 to the extent necessary, in each case, to fulfill such request.
6 § 4. Subdivision (g) of section 3119 of the civil practice law and
7 rules, as added by chapter 219 of the laws of 2022, is amended to read
8 as follows:
9 (g) (1) Out-of-state [abortion] proceedings regarding legally
10 protected health activities. Notwithstanding any other provisions of
11 this section or any other law, no court or county clerk shall issue a
12 subpoena under this section in connection with an out-of-state proceed-
13 ing relating to any [abortion services or procedures] legally protected
14 health activity which [were legally performed] occurred in this state,
15 unless such out-of-state proceeding [(1)] (i) sounds in tort or
16 contract[, or is based on statute], [(2)] (ii) is actionable, in an
17 equivalent or similar manner, under the laws of this state, and [(3)]
18 (iii) was brought by the patient who received reproductive [healthcare]
19 health services as defined in paragraph (a) of subdivision one of
20 section 570.17 of the criminal procedure law, or the patient's legal
21 representative, so long as the patient gives express consent.
22 (2) For purposes of this subdivision, the terms "legally protected
23 health activity" and "reproductive health services" shall have the same
24 meanings as defined in subdivision one of section 570.17 of the criminal
25 procedure law.
26 § 5. Subdivision (e) of section 3102 of the civil practice law and
27 rules, as amended by chapter 219 of the laws of 2022, is amended to read
28 as follows:
29 (e) Action pending in another jurisdiction. Except as provided in
30 section three thousand one hundred nineteen of this article, when under
31 any mandate, writ or commission issued out of any court of record in any
32 other state, territory, district or foreign jurisdiction, or whenever
33 upon notice or agreement, it is required to take the testimony of a
34 witness in the state, he or she may be compelled to appear and testify
35 in the same manner and by the same process as may be employed for the
36 purpose of taking testimony in actions pending in the state. The supreme
37 court or a county court shall make any appropriate order in aid of
38 taking such a deposition; provided that no order may be issued under
39 this section in connection with an out-of-state proceeding relating to
40 any [abortion services or procedures] legally protected health activity,
41 as defined in paragraph (b) of subdivision one of section 570.17 of the
42 criminal procedure law which [were legally performed] occurred in this
43 state, unless such out-of-state proceeding (1) sounds in tort or
44 contract[, or is based on statute], (2) is actionable, in an equivalent
45 or similar manner, under the laws of this state, and (3) was brought by
46 the patient who received reproductive [healthcare] health services, or
47 the patient's legal representative.
48 § 6. The civil practice law and rules is amended by adding a new
49 section 4550 to read as follows:
50 § 4550. Admissibility of evidence related to legally protected health
51 activity. Evidence relating to the involvement of a party engaging in
52 one or more legally protected health activity, as defined in paragraph
53 (b) of subdivision one of section 570.17 of the criminal procedure law,
54 relating to providing reproductive health services to persons not phys-
55 ically present in this state shall not be offered against such party as
56 evidence that such party has engaged in any wrongdoing, whether civil,
S. 1066 4
1 criminal, professional, or otherwise by virtue of such recipients of
2 such services not being physically present in this state. Nothing in
3 this section shall prevent a party from offering such evidence in a
4 proceeding that (i) sounds in tort or contract, (ii) is actionable, in
5 an equivalent or similar manner, under the laws of this state, and (iii)
6 was brought by the patient who received reproductive health services, or
7 the patient's legal representative.
8 § 7. Section 3436-a of the insurance law, as added by chapter 221 of
9 the laws of 2022, is amended to read as follows:
10 § 3436-a. Adverse action against legal reproductive health care. 1.
11 [Adverse action against legal reproductive health care.] (a) Every
12 insurer which issues or renews medical malpractice insurance covering a
13 health care provider licensed to practice in this state, whether the
14 health care provider is covered by a primary, excess or umbrella liabil-
15 ity policy, shall be prohibited from taking any adverse action against
16 a health care provider solely on the basis that the health care provider
17 [performs an abortion or provides reproductive health care] provides
18 reproductive health services, as defined in paragraph (a) of subdivision
19 one of section 570.17 of the criminal procedure law, that is legal in
20 the state of New York on someone who is from out of the state.
21 (b) Such policy shall include health care providers who legally
22 prescribe abortion medication to out-of-state patients by means of tele-
23 health.
24 2. As used in this section, "adverse action" shall mean but not be
25 limited to: (a) refusing to renew or execute a contract or agreement
26 with a health care provider; (b) making a report or commenting to an
27 appropriate private or governmental entity regarding practices of such
28 provider which may violate abortion laws in other states; and (c)
29 increasing in any charge for, or a reduction or other adverse or unfa-
30 vorable change in the terms of coverage or amount for, any medical malp-
31 ractice insurance contract or agreement with a health care provider.
32 § 8. Subparagraph (B) of paragraph 36 of subsection (i) of section
33 3216 of the insurance law, as added by section 1 of part R of chapter 57
34 of the laws of 2022, is amended to read as follows:
35 (B) Coverage for [abortion] a legally protected health activity, as
36 defined in paragraph (b) of subdivision one of section 570.17 of the
37 criminal procedure law, shall not be subject to annual deductibles or
38 coinsurance, including co-payments, unless the policy is a high deduct-
39 ible health plan as defined in section 223(c)(2) of the internal revenue
40 code of 1986, in which case coverage for abortion may be subject to the
41 plan's annual deductible.
42 § 9. Subdivision 2 of section 6531-b of the education law, as added by
43 chapter 220 of the laws of 2022, is amended to read as follows:
44 2. The performance, recommendation, or provision of any reproductive
45 health services as defined in subdivision one of this section, or any
46 legally protected health activity as defined in paragraph (b) of subdi-
47 vision one of section 570.17 of the criminal procedure law, by a health
48 care practitioner acting within their scope of practice, for a patient
49 who resides in a state wherein the performance, recommendation, or
50 provision of such reproductive health services is illegal, shall not, by
51 itself, constitute professional misconduct under this title, or title
52 two-A of article two of the public health law, or any other law, rule or
53 regulation governing the licensure, certification, or authorization of
54 such practitioner, nor shall any license, certification or authorization
55 of a health care practitioner be revoked, suspended, or annulled or
56 otherwise subject to any other penalty or discipline provided in the
S. 1066 5
1 public health law or this title solely on the basis that such health
2 care practitioner performed, recommended, or provided any such reproduc-
3 tive health services for a patient who resides in a state wherein the
4 performance, recommendation, or provision of such reproductive health
5 services is illegal.
6 § 10. Severability. If any provision of this act, or any application
7 of any provision of this act, is held to be invalid, that shall not
8 affect the validity or effectiveness of any other provision of this act,
9 any other application of any provision of this act, or any other
10 provision of any law or code amended by this act.
11 § 11. Choice of laws. This act shall be exclusively governed by and
12 construed pursuant to the laws of the state of New York, without giving
13 effect to any choice of law principles thereunder.
14 § 12. This act shall take effect immediately; provided, however, the
15 amendments to subparagraph (B) of paragraph 36 of subsection (i) of
16 section 3216 of the insurance law made by section eight of this act
17 shall take effect on the same date and in the same manner as section 1
18 of part R of chapter 57 of the laws of 2022, takes effect.