N.Y. Education Law Section 6531-B
Exceptions

  • reproductive health services

1.

As used in this section, the following terms shall have the following meanings:

(a)

“Reproductive health services” shall include:

(i)

abortion pursuant to Public Health Law § 2599-BB (Abortion)section twenty-five hundred ninety-nine-bb of the public health law;

(ii)

emergency contraception as defined in Public Health Law § 2805-P (Emergency treatment of rape survivors)section twenty-eight hundred five-p of the public health law; and

(iii)

medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.

(b)

“Health care practitioner” means a person who is licensed, certified, or authorized under this title and acting within their lawful scope of practice.

(c)

“Gender-affirming care” means any type of care provided to an individual to affirm their gender identity or gender expression; provided that surgical interventions on minors with variations in their sex characteristics that are not sought and initiated by the individual patient are not gender-affirming care.

2.

The performance, recommendation, or provision of any reproductive health services or gender-affirming care, as defined in subdivision one of this section, or any legally protected health activity as defined in paragraph (b) of subdivision one of section 570.17 of the criminal procedure law, by a health care practitioner acting within their scope of practice, for a patient who resides in a state wherein the performance, recommendation, or provision of such reproductive health services or gender-affirming care is illegal, shall not, by itself, constitute professional misconduct under this title, or title two-A of article two of the public health law, or any other law, rule or regulation governing the licensure, certification, or authorization of such practitioner, nor shall any license, certification or authorization of a health care practitioner be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in the public health law or this title solely on the basis that such health care practitioner performed, recommended, or provided any such reproductive health services or gender-affirming care for a patient who resides in a state wherein the performance, recommendation, or provision of such reproductive health services or gender-affirming care is illegal.

3.

Nothing in this section shall be construed to expand the scope of practice of any individual licensed, certified or authorized under this title, nor does this section give any such individual the authority to act outside their scope of practice, as defined in this title.

Source: Section 6531-B — Exceptions; reproductive health services, https://www.­nysenate.­gov/legislation/laws/EDN/6531-B (updated Jun. 30, 2023; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
Jun. 30, 2023

§ 6531-B’s source at nysenate​.gov

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