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N.Y. Educ. Law § 6531-b

Exceptions; reproductive health services

Redline — January 1, 2023 → current.View current text →
Current — January 1, 2026
As of January 1, 2023
§ 6531-b. Exceptions; reproductive health services. 1. As used in this\nsection, the following terms shall have the following meanings:\n (a) "Reproductive health services" shall include:\n (i) abortion pursuant to section twenty-five hundred ninety-nine-bb of\nthe public health law;\n (ii) emergency contraception as defined in section twenty-eight\nhundred five-p of the public health law; and\n (iii) medical, surgical, counseling or referral services relating to\nthe human reproductive system, including services relating to pregnancy\nor the termination of a pregnancy.\n (b) "Health care practitioner" means a person who is licensed,\ncertified, or authorized under this title and acting within their lawful\nscope of practice.\n 2. The performance, recommendation, or provision of any reproductive\nhealth services as defined in subdivision one of this section, by a\nhealth care practitioner acting within their scope of practice, for a\npatient who resides in a state wherein the performance, recommendation,\nor provision of such reproductive health services is illegal, shall not,\nby itself, constitute professional misconduct under this title, or title\ntwo-A of article two of the public health law, or any other law, rule or\nregulation governing the licensure, certification, or authorization of\nsuch practitioner, nor shall any license, certification or authorization\nof a health care practitioner be revoked, suspended, or annulled or\notherwise subject to any other penalty or discipline provided in the\npublic health law or this title solely on the basis that such health\ncare practitioner performed, recommended, or provided any such\nreproductive health services for a patient who resides in a state\nwherein the performance, recommendation, or provision of such\nreproductive health services is illegal.\n 3. Nothing in this section shall be construed to expand the scope of\npractice of any individual licensed, certified or authorized under this\ntitle, nor does this section give any such individual the authority to\nact outside their scope of practice, as defined in this title.\n
§ 6531-b. Exceptions; reproductive health services. 1. As used in this\nsection, the following terms shall have the following meanings:\n (a) "Reproductive health care" shall mean and include all services,\ncare, or products of a medical, surgical, psychiatric, therapeutic,\ndiagnostic, mental health, behavioral health, preventative,\nrehabilitative, supportive, consultative, referral, prescribing, or\ndispensing nature relating to the human reproductive system provided in\naccordance with the constitution and the laws of this state, whether\nprovided in person or by means of telehealth or telehealth services,\nwhich includes, but is not limited to, all services, care, and products\nrelating to pregnancy, assisted reproduction, contraception, miscarriage\nmanagement or abortion, including but not limited to care an individual\nprovides to themself.\n (b) "Health care practitioner" means a person who is licensed,\ncertified, or authorized under this title and acting within their lawful\nscope of practice.\n (c) "Gender-affirming care" means any type of care provided to an\nindividual to affirm their gender identity or gender expression,\nincluding but not limited to care an individual provides to themself;\nprovided that surgical interventions on minors with variations in their\nsex characteristics that are not sought and initiated by the individual\npatient are not gender-affirming care.\n 2. Any legally protected health activity, as defined by section 570.17\nof the criminal procedure law, by a health care practitioner acting\nwithin their scope of practice, shall not, by itself, constitute\nprofessional misconduct under this title, or title two-A of article two\nof the public health law, or any other law, rule or regulation governing\nthe licensure, certification, or authorization of such practitioner, nor\nshall any license, certification or authorization of a health care\npractitioner be revoked, suspended, or annulled or otherwise subject to\nany other penalty or discipline provided in the public health law or\nthis title solely on the basis that such health care practitioner\nengaged in legally protected health activity, as defined by section\n570.17 of the criminal procedure law.\n 3. Nothing in this section shall be construed to expand the scope of\npractice of any individual licensed, certified or authorized under this\ntitle, nor does this section give any such individual the authority to\nact outside their scope of practice, as defined in this title.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.