BILL NUMBER: S1066B
SPONSOR: MAYER
 
TITLE OF BILL:
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
 
PURPOSE:
To ensure telehealth services are explicitly included in existing safe-
guards and protections for reproductive health care services.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 570.17 of the criminal procedure law to estab-
lish definitions of "reproductive health services" and "legally
protected health activity." Further, it prevents the governor from
recognizing any demand, except as required by federal law, for the
extradition of a person charged with any legally protected health activ-
ity, unless the executive authority of the demanding state alleges in
writing that the accused was physically present in the demanding state
at the time of the commission of the alleged crime, and thereafter they
fled from that state.
Section 2 amends subdivision 3-a of section 140.10 of the criminal
procedure law to prevent a police officer from arresting any person for
performing any legally protected health activity in this state.
Section 3 amends section 837-w of the executive law, renumbering it as
section 837-x, to prevent any government employee or entity or other
person acting on behalf of state or local government from cooperating
with any individual or out-of-state agency or department regarding any
legally protected health activity occurring in New York, or using any
time and/or resources in furtherance of any investigation or proceeding
initiated in or by another state that aims to impose civil or criminal
liability or professional sanctions on a person or entity for any legal-
ly protected health activity. Second, it preserves the right of authori-
ties to investigate any alleged violations of reproductive health
services in accordance with the laws of New York, so long as information
relating to any medical procedure performed on a specific individual is
not shared with an out-of-state agency or other individual. Lastly, it
explicitly requires compliance with any court-issued subpoena or warrant
in connection with any civil, criminal or professional sanctions inves-
tigation that is not related to any legally protected health activity.
Section 4 amends subdivision (g) of section 3119 of the civil practice
law and articles to prevent any New York court from issuing a subpoena
in connection with an out-of-state proceeding relating to any legally
protected health activity that occurred in this state. It also creates
an exception to the subpoena rule for patients that receive reproductive
health services and commence an out-of-state proceeding.
Section 5 amends subdivision (e) of section 3102 of the civil practice
law and rules to prevent any New York court from aiding in the
production of any out-of-state deposition request in relation to any
legally protected health activity that occurs in this state.
Section 6 amends the civil practice law and rules by adding a new
section 4550 that prevents evidence relating to a party engaged in any
legally protected health activity, who provides reproductive health
services to persons not physically present in this state, from being
offered to support any allegations of wrongdoing, whether civil, crimi-
nal, or professional, or otherwise by virtue of recipients of such
services not being physically present in this state. It also creates an
exception to this rule by allowing the production of evidence in cases
sounding in tort, contract, or statute, under other actionable laws of
this state, or if it is brought by the patient who received reproductive
health services.
Section 7 amends section 3436-a of the insurance law to prohibit any
medical malpractice insurer from taking adverse action against any
health care provider solely on the basis that the health care provider
provides legally protected health activity that is legal in New York on
someone who is from out of state. It then gives the superintendent
express authorization to interpret legally protected health activity as
if it were stated within this section.
Section 8 amends subdivision 2 of section 6531-b of the education law to
prevent any legally protected health activity performed by a health care
practitioner acting in their scope of practice from constituting profes-
sional misconduct, whether relating to any law, rule or regulation
governing the licensure, certification, or authorization of any practi-
tioner, or rules governing revocation, suspension, annulment, penalty,
or disciplinary action.
Section 9 adds a severability clause, indicating that the invalidation
of any one provision does not affect the validity of any other provision
of the act.
Section 10 adds a choice of law clause, indicating that this Act shall
be exclusively governed by and construed pursuant to the laws of the
state of New York.
Section 11 adds a conflict of laws clause requiring that, in the event
that any laws in the state of New York conflict with this act, this act
shall govern.
Section 12 sets forth the effective date.
 
JUSTIFICATION:
The effects of the Supreme Court's June 2022 ruling in Dobbs v. Jackson
Women's Health Organization (1) -- where the fundamental right to an
abortion enshrined in Roe v. Wade was overturned -- have been nothing
short of devastating to women across the country. Since Dobbs, federal
courts have taken competing approaches to the FDA's approval of mifepri-
stone, which has thrown even-greater uncertainty to the state of medica-
tion abortion.(2)
As the Guttmacher Institute reports, nearly 40 million U.S. women of
reproductive age (58% of the total number) live in states that have
demonstrated hostility to abortion rights.(3) Since the Dobbs decisions
at least 66 clinics across 15 states have closed. And as of October
2022, there were no providers serving patients in at least 14 states.(4)
In the wake of Dobbs, medication abortion has become a lifeline for many
individuals seeking abortions in hostile states. Medication abortion has
become increasingly common over the last 20 years, now accounting for
more than 50% of facility-based abortions.(5) Plan C and Aid Access,
organizations which help people access medication abortions, both
reported significant increases in site traffic immediately following the
publication of the leaked draft opinion in Dobbs.(6) And according to a
study released by the medical journal JAMA, there was a nearly 120
percent increase in abortion pill orders from overseas providers placed
in July and August of 2022.(7)
The post-Dobbs landscape has placed strenuous burdens on patients who
already have difficulty accessing an abortion, including people with
limited financial resources, people of color, LGBTQ individuals and
young people.(8) As a report from the Journal of the American Medical
Association (JAMA) found, abortion bans and restrictions have decreased
access to safe abortions, particularly among those living in the South,
and those who are poor, Black or Native American.(9) Even in states
where abortion is available, the influx of patients from states with
severe restrictions has created burdensome wait times and safety risks
for those looking to obtain reproductive health services.
Following the leaked opinion in Dobbs, the New York State legislature
enacted a broad, prophylactic package of laws that protected abortion
and reproductive health rights in the state. This package, signed by the
governor on June 13, 2022, recognized reproductive rights as human
rights, and established new safeguards to protect the rights of patients
and reproductive healthcare providers across New York State.(10)
Notably, this legislative package: (1) created a cause of action for
unlawful interference with reproductive rights; (ii) provided legal
protections for abortion service providers; (iii) prohibited profes-
sional misconduct charges against healthcare practitioners who provide
reproductive health services to patients residing in states where such
services are illegal; (iv) prevented medical malpractice insurance
companies from taking adverse action against a reproductive healthcare
provider who performs an abortion or provides reproductive healthcare
that is legal in New York on someone who is from out of state; (v)
included reproductive healthcare providers, employees, volunteers, and
patients in the state's address confidentiality program; and (vi)
authorized a study to report on unmet health and resource needs facing
pregnant people in New York and the impact of limited service pregnancy
centers.(11)
Despite these protections, one critical area the package did not explic-
itly address was reproductive health services in the context of tele-
health and telehealth services. Generally, telehealth is the provision
of professional health care service over geographical distances by means
of modern telecommunications technology. Telehealth is a commonly used
tool in the daily work of health care practitioners, providing patients
with access to health care professionals in a private setting without
the burdens of travel.
This legislation builds upon the abortion and reproductive health
services laws signed in June 2022 by explicitly adding protections for
telehealth and telehealth services. As many states across the country
have enacted abortion bans and draconian reproductive rights
restrictions following the Dobbs decision, this bill fills an important
gap by safeguarding health care practitioners in New York from out-of-
state activities that impede upon their ability to provide necessary
reproductive health services to patients.
Notably, this bill adds a new definition of "legally protected health
activity" to encompass "reproductive health services," which explicitly
includes telehealth and telehealth services. Second, it amends the
appropriate civil and criminal procedure laws-concerning extradition,
arrests, and coordination with any out-of-state investigations or
evidentiary requests-to operate as a shield to New York health care
practitioners who perform any legally protected health activity against
states who try to impose disciplinary actions upon them. Third, it
amends the education law to prevent New York health care practitioners
from professional disciplinary action for legally protected health
activity. Lastly, it amends the insurance law to prevent medical malp-
ractice insurers from taking adverse action against health care practi-
tioners for legally protected health activity.
This bill will strengthen New York's role as a nation-wide leader in
reproductive rights, creating new avenues for those who live in states
with severe abortion restrictions.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022) (here-
inafter Dobbs).
(2)
https://www.nytimes.com/article/Supreme-Court-abortion-pill-ruling.html
(3) Guttmacher Institute (Elizabeth Nash), State Abortion Policy land-
scape: From Hostile to Supportive,
 
HTTPS://WWW.GUTTMACHER.ORG/ARTICLE/2019/08/STATE- ABORTION-POLICY-
LANDSCAPE-HOSTILE-SUPPORTIVE (last checked, Jan. 3, 2023).
(4) Guttmacher Institute (Marielle Kirstein, Joerg Breweke, Rachel
Jones, & Jess Philbin), 100 Days Post-Roe: At Least 66 Clinics Across
 
HTTPS://WWW.GUTTMACHER.ORG/2022/10/100-DAYS-POST-ROE-LEAST-66-
CLINICS-ACROSS-15-US-STATES-HAVE-STOPPED-OFFERING-ABORTION-CARE (lasted
checked, Jan 3, 2023).
(5) Guttmacher Institute (Rachel Jones, Elizabeth Nash, Lauren Cross,
Jess Philbin & Marielle Kirstein), Medication Abortion Now Accounts for
More Than Half of All US Abortions,
 
HTTPS://WWW.GUTTMACHER.ORG/ARTICLE/2022/02 /MEDICATION-ABORTION-
NOW-ACCOUNTS-MORE-HALF-ALL-US-ABORTIONS (last checked Jan 6, 2023).
(6) Politico (Ben Leonard), Telemedicine Abortion Providers See a Surge
in Interest,  
HTTPS://WWW.POLITICO.COM/NEWS/2022/05/08/ TELEMEDICINE-A-
BORTION-PROVIDERS- INTEREST-SURGE-ROE-00030800 (May 8, 2022).
(7) JAMA Network (Abigail Aiken, Jennifer Starling, James Scott),
Request for Self-Managed Medication Abortion Provided Using Online Tele-
medicine,  
HTTPS://JAMANETWORK.COM/
JOURNALS/JAMA/ARTICLE-ABSTRACT/2797883 (Nov 1, 2022)
(8) Guttmacher Institute (Elizabeth Nash, Peter Ephross), State Policy
trends 2022: In a Devastating Year, US Supreme Court's Decision to Over-
turn Roe Leads to Bans, Confusion, and Chaos,
 
HTTPS://WWW.GUTTMACHER.ORG/ 2022/12/STATE-POLICY-TRENDS- 2022-DEVASTAT-
ING-YEAR-US- SUPREME-COURTS-DECISION-OVER-TURN-ROE-LEADS (last checked,
Jan. 3, 2023).
(9) JAMA Network, Estimated Travel Time and Spatial Access to Abortion
Facilities in the US Before and After the Dobbs v. Jackson Women's
Health Decision,
https://jamanetwork.com/journals/jama/article-abstract/2798215, (Nov.
1, 2022)
(10) Governor Hochul Signs Nation-Leading Legislative Package to Protect
Abortion and Reproductive Rights for All,  
HTTPS://WWW.GOVERNOR.
NY.GOV/NEWS/GOVERNOR-HOCHUL-SIGNS-NATION-LEADING-LEGISLATIVE-
PACKAGE-PROTECT-ABORTION-AND-REPRODUCTIVE (June 13, 2022).
(11) Id.

Statutes affected:
S1066: 570.17 criminal procedure law, 140.10 criminal procedure law, 140.10(3-a) criminal procedure law, 3119 civil practice law, 3102 civil practice law, 3436-a insurance law, 6531-b education law, 6531-b(2) education law
S1066A: 570.17 criminal procedure law, 140.10 criminal procedure law, 140.10(3-a) criminal procedure law, 3119 civil practice law, 3102 civil practice law, 3436-a insurance law, 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 4303(ss) insurance law, 6531-b education law, 6531-b(2) education law
S1066B: 570.17 criminal procedure law, 140.10 criminal procedure law, 140.10(3-a) criminal procedure law, 3119 civil practice law, 3102 civil practice law, 3436-a insurance law, 3436-a(a) insurance law, 6531-b education law, 6531-b(2) education law