N.Y. General Business Law Section 394-I
Legally protected health activities


1.

For the purposes of this section, the term “legally protected health activity” shall have the same meaning as defined by section 570.17 of the criminal procedure law.

2.

No person or entity that is located, headquartered, or incorporated in New York state and receives, is served with, or is subject to a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons for information regarding legally protected health activity shall comply with or provide information in response to such inquiry, investigation, subpoena, or summons unless:

(a)

such inquiry, investigation, subpoena, or summons contains or is accompanied by an affirmation under penalty of perjury attesting that either:

(i)

it is not related to, and that any information obtained shall not be used in, any investigation or proceeding that seeks to impose civil or criminal liability, professional sanctions, or any other legal consequences upon a person or entity for any legally protected health activity; or

(ii)

it is related to such an investigation or proceeding, but falls within an exception provided in paragraph one of subdivision (g) of Civil Practice Law & Rules Law § 3119 (Uniform interstate depositions and discovery)section three thousand one hundred nineteen of the civil practice law and rules, and identifies which exception applies to the information request;

(b)

the person or entity receiving or subject to such inquiry, investigation, subpoena, or summons regarding legally protected health activity has:

(i)

notified the attorney general within seventy-two hours of receiving such inquiry, investigation, subpoena, or summons; indicated in such notice whether such person or entity intends to comply with such inquiry, investigation, subpoena, or summons; provided a copy of such inquiry, investigation, subpoena, or summons and any related materials to the attorney general; and

(ii)

made reasonable attempts to notify the individual or individuals who provided, sought, received, facilitated, or otherwise engaged in such legally protected health activity to which such inquiry, investigation, subpoena, or summons pertains at least thirty days prior to providing any responsive information, unless otherwise ordered by a court of competent jurisdiction; and

(c)

a minimum of thirty days has passed since such person or entity notified the attorney general of such inquiry, investigation, subpoena, or summons pursuant to paragraph (b) of this subdivision.

3.

A person or entity who submits a false affirmation in violation of subdivision two of this section shall be subject to the jurisdiction of the courts of this state for any suit, penalties, or damages arising out of such false affirmation.

(a)

The attorney general may commence an action or special proceeding for damages and/or penalties against any person or entity that submits a false affirmation in violation of subdivision two of this section.

(i)

The courts of this state shall assess a statutory penalty of fifteen thousand dollars per violation against any person or entity found to have intentionally, knowingly, willingly, or recklessly submitted a false affirmation. This shall be in addition to any other legal or equitable remedy lawfully available.

(ii)

Any action or special proceeding brought by the attorney general pursuant to this section shall be commenced within six years of the date on which the attorney general received notice of the inquiry, investigation, subpoena, or summons that such false affirmation accompanied.

4.

The attorney general of this state may commence an action or special proceeding to enforce the provisions of this section, including but not limited to an application or motion for an order enjoining ongoing or future violations of this section. The attorney general shall not commence such an action unless the attorney general has reason to believe the defendant or respondent intends to comply or has complied with an inquiry, investigation, subpoena, or summons regarding legally protected health activity.

(a)

Any action or special proceeding brought by the attorney general pursuant to this section shall be commenced within six years of the date on which the attorney general received notice of the inquiry, investigation, subpoena, or summons at issue.

(b)

Notwithstanding any contrary provision of law, the attorney general may seek all available legal and equitable remedies.

(c)

The courts of this state shall assess a statutory penalty of fifteen thousand dollars per violation against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with an inquiry, investigation, subpoena, or summons regarding legally protected health activity in violation of this section. This shall be in addition to any other legal or equitable remedy lawfully available.

5.

Any person or entity that is located, headquartered, or incorporated in New York state and receives, is served with, or is subject to a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons for information regarding legally protected health activity may institute a civil action to obtain declaratory relief, or such other relief deemed necessary and proper by the court, stating that this section prohibits their compliance with the inquiry, investigation, subpoena, or summons.

(a)

At or before the commencement of any action under this section, notice thereof and a copy of the commencing document and all supporting documents shall be served upon the attorney general.

(b)

The attorney general is authorized to intervene in any such action brought pursuant to this section.

(c)

If the person or entity initiating an action brought under this section prevails in such action, the court shall award reasonable costs and attorney’s fees.

(d)

Any action brought pursuant to this section shall be commenced within one year of the date on which the inquiry, investigation, subpoena, or summons at issue was received or served, whichever is later.

6.

Any person or entity that issues or causes to be issued a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons to a person or entity located, headquartered, or incorporated in New York state shall be subject to the jurisdiction of the courts of this state for any action, suit, penalties, or damages arising out of this section.

7.

Where compliance with this section delays or prohibits a person’s or entity’s response to a subpoena, such person or entity shall not be held in contempt or otherwise subject to legal consequences under Civil Practice Law & Rules Law § 2308 (Disobedience of subpoena)section two thousand three hundred eight of the civil practice law and rules or any other law of this state for their delay in responding or failure to respond.

8.

Nothing in this section shall be construed to prohibit compliance with the investigation of any activity which would violate the laws of this state. Nothing in this section shall be construed to prohibit sharing information regarding legally protected health activity in response to the written request of a person who received the reproductive health care or gender-affirming care or their legal representative as provided in paragraph one of subdivision (g) of Civil Practice Law & Rules Law § 3119 (Uniform interstate depositions and discovery)section three thousand one hundred nineteen of the civil practice law and rules, or in response to the written request of a person or entity who is the subject of an investigation or proceeding that seeks to impose civil or criminal liability, professional sanctions, or any other legal consequences upon them for legally protected health activity. In each case, information shall only be shared to the extent necessary to fulfill such request.

9.

Nothing in this section shall prohibit disclosure of deidentified information in compliance with federal grant reporting requirements or other reporting requirements under federal law, or identified information when strictly necessary to comply with a federal audit of specific services for which payment has been made by the federal government. Nothing in this section shall prohibit compliance with a valid federal court order.

10.

This section shall not be construed to allow for the provision of any information to any individual or any agency or department outside New York state which would not otherwise be available under state law.

Source: Section 394-I — Legally protected health activities, https://www.­nysenate.­gov/legislation/laws/GBS/394-I (updated Dec. 26, 2025; accessed Jan. 3, 2026).

390
Substitution of spurious oils for internal combustion engines
390–A
Optical discs
390–B
Anti-phishing act of 2006
390–BB
Cramming prohibited
390–C
Prohibit persons under eighteen years of age in certain facilities
390–C*2
Posting of warnings by commercial entities offering internet access to the public
390–D
Information concerning services for human trafficking victims in facilities at truck stops
390–E
Unauthorized installation of certain security devices prohibited
390–E*2
Skimming awareness notice
391
Marking retreaded, recapped or recut tires
391–A
Unlawful acts relating to liquid fuels, lubricating oils and similar products
391–B
Prohibit any sale of dangerous clothing articles
391–C
Sale of bicycles
391–CC
Sale of bicycles with electric assist and micromobility devices
391–D
Sale of matchbooks
391–E
Promotion of camps by certain organizations
391–F
Promotion of private schools by certain organizations
391–G
Rental of motor vehicles
391–H
Lubricating oils
391–I
Sale of urea-formaldehyde foam insulation
391–J
Sale of fire extinguishers
391–JJ
Sale of electric space heaters
391–K
Automatic garage door opening systems
391–L
Personal emergency response service agreements
391–L*2
Rental of motor vehicles
391–M
Manufacture and sale of in-line skates
391–N
Sale of reptiles
391–OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building
391–P
Prohibit the rental of clothing articles previously worn
391–Q
Rebates
391–S
Sale and distribution of novelty lighters prohibited
391–T
Sale of small animals
391–U
Pricing goods and services on the basis of gender prohibited
391–U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals
391–V
Third-party food delivery agreements
391–W
Unauthorized restaurant reservations
391–X
Hair relaxer labeling
392
Second-hand watches
392–A
Sale of new computers
392–B
False labels and misrepresentations
392–C
Obliteration of marks of origin
392–D
Using false marks as to manufacture
392–E
Using false statements or altering mileage registering devices
392–F
Taximeters
392–G
Sale of ultraviolet radiation devices
392–H
Trash receptacles
392–I
Prices reduced to reflect change in sales tax computation
392–J
Sales of sparkling devices
392–K
Motor vehicle glass repair and replacement
393
Lime
393–A
Non fire rated wood paneling
393–B
Written solicitation
393–C
Sale of required labor postings
393–D
Sale of certified copies of property deeds
393–E
Sale of abandoned property location services
393–F
Voluntary third-party notification
394
Lost or destroyed certificate of stock
394–A
Proof of lost negotiable paper
394–B
Limitations on certain contracts for instruction or use of physical or social training facilities
394–C
Limitations on certain contracts involving social referral services
394–CC
Internet dating safety
394–CCC
Social media networks
394–D
Privity of contract between franchise seller and customer or patron of dealer
394–E
Report on request for abortional services
394–F
Warrants for reproductive health related electronic data
394–G
Geofencing of health care facilities
394–H
Electronic health information protections
394–I
Legally protected health activities
395
Required disclosure of prior use
395–A
Maintenance agreements
395–B
Unlawfully installing or maintaining a two-way mirror or other viewing device
396
Unlawful selling practices
396–A
Representation by savings and loan association of insurance on accounts
396–AA
Simulated check
396–AA*2
Unsolicited telefacsimile advertising
396–AAA
Public display of tobacco and electronic cigarette advertisements and smoking paraphernalia prohibited
396–B
Advertisements
396–BB
Sale of motor fuels to disabled persons
396–C
Advertisements by persons engaged in dental business relating to dentures and bridges
396–CC
Notification of enclosure requirements for swimming pools
396–CC*2
Senior citizen discounts
396–D
Advertisement and description of real property
396–DD
Renting of horses
396–E
Marking articles made of linen
396–EE
Sale of certain weapons
396–EEE
Unlawful sale or delivery of body armor
396–F
Sale of blind made products
396–G
Sale of products processed by the blind
396–H
Fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes
396–HH
Sale of poppies, forget-me-nots, daisies, flags and other articles for patriotic purposes
396–I
Acceptance of unexpired gift certificates
396–II
Cashless policies prohibited
396–J
Sale or possession of master or manipulative keys for motor vehicles
396–K
Hazardous toys and other articles intended primarily for use by children
396–K*2
Sale of certain motor vehicles damaged by the ravages of natural disaster
396–KK
Sale of video game consoles
396–L
Shopping carts
396–M
Mail-order or telephone-order merchandise
396–MM
Unlawful trial offers
396–N
Sales with “money back guarantee” and with “limited guarantee”
396–O
Sales by persons offering credits or refunds in certain cases
396–P
Rates to be posted in taxicabs
396–P*2
Contracts for the sale of new motor vehicles
396–Q
New motor vehicles
396–QQ
New and used motor vehicles
396–R
Price gouging
396–RR
Price gouging
396–S
Individual sewage disposal system
396–SS
Access number notification
396–T
Unlawful practices relating to layaway plans
396–TT
Listing of business location in directory or database
396–U
Merchandise delivery
396–V
Operation of public automated blood pressure machines
396–W
Loitering for the purpose of soliciting passengers for transportation
396–X
Gasoline stations
396–X*2
Unauthorized removal or destruction of newspapers
396–Y
Sale of certain personal property
396–Z
Rental vehicle protections
397
Unlawful use of name or other identification of certain non-profit organizations
397–A
Distributing unsolicited advertising on private property prohibited
397–B
Digital billboards
398
Bills of lading to be issued by vessels transporting merchandise within the state
398–A
Shipment of motor vehicles outside the continental United States
398–B
Discrimination in car rentals prohibited
398–C
Children attending roller skating rinks and indoor ice skating rinks under certain conditions
398–D
Disposal of abandoned molds
398–E
Indemnity provision in motor carrier transportation contracts
398–F
Children’s non-regulated camp
398–G
Kratom package labeling
399
Cigarette package labeling
399–A
Pay toilets
399–AA
Prohibition of the selling of fur, hair, skin or flesh of a dog or cat
399–AAA
Selling and manufacturing of fur-bearing articles of clothing
399–AAAA
Menstrual product labeling
399–AAAAA
Selling of animal tested cosmetics
399–AAAAAA
Diaper labeling
399–B
Contracts for the use of the streets for hack stands
399–BB
Certain dry cleaning institutions
399–BBB
Solicitations by container
399–C
Mandatory arbitration clauses in certain consumer contracts prohibited
399–CC
Wireless telephone numbers
399–CC*2
Transcripts and stenographic services
399–CCC
Smoke detecting devices
399–CCCC
Wireless telephone services
399–CCCCC
Connected vehicle service
399–D
Children attending public bowling alleys under certain conditions
399–DD
Sale of alcohol vaporizing devices prohibited
399–DD*2
Construction or installation of playground or playground equipment
399–DD*3
Consumer communications records privacy
399–DDD
Confidentiality of social security account number
399–DDD*2
Disclosure of social security number
399–E
Prohibition of the importation, manufacturing, distribution, or sale of yo-yo waterball toys
399–E*2
Actions
399–EE
Zone pricing of gasoline prohibited
399–EEE
Disabling of services to stolen wireless phones
399–EEE*2
Car wash promotion disclosure
399–F
Laundromat refund procedures
399–FF
Petting zoos
399–GG
Packaging of electronic liquid
399–H
Disposal of records containing personal identifying information
399–I
Prohibit the sale of unsafe cribs and restrict use of such cribs in certain settings
399–II
Furniture tip restraint device
399–II*2
Prohibit the sale of crib bumper pads and restrict use of such pads in certain settings
399–J
Safety standards
399–K
Access to toilet facilities for utility workers
399–KK
Prohibit the sale of infant walkers and restrict use of such walkers in certain settings
399–M
Disclosures in advertisement and sale of unassembled goods
399–N
Approval of electrical devices
399–NN
Sale of digital electronic equipment
399–O
Selling prices and container deposits
399–OO
Deceptive solicitation of vehicle warranty policies
399–P
Telemarketing
399–PP
Telemarketing and consumer fraud and abuse prevention act
399–Q
Use of carts, cases, trays, baskets, boxes and other containers
399–QQ
Sale or promotional distribution of utility knives, box cutters, or box cart cutters
399–R
Sale of paint pellet guns
399–RR
September eleventh victim compensation fund and World Trade Center health program notification
399–S
Posting of notice when air rifles or guns are sold
399–T
Sale of certain chlorofluorocarbons and halons prohibited
399–T*2
Vending machine disclosure
399–U
Motor vehicle alarms
399–V
Parking facilities
399–W
Total loss notice and waiver of the gap amount for non-motor vehicle retail lease agreements
399–W*2
Notice requirements for renters of personal property
399–X
Towed motor vehicles
399–XX
Towing of motor vehicles
399–Y
Child safety devices for hot water dispensers
399–Y–1
Automated teller machines transaction denial
399–Y*2
Automated teller machine fee disclosure
399–YY
Cable television company providing telephone services
399–YYY
Satellite television company providing television and/or telephone services
399–YYYY
Macrocell renewable energy reporting
399–Z
Telemarketing
399–Z–1
Telecommunication companies blocking certain numbers
399–Z–1*2
STIR/SHAKEN authentication framework
399–ZZ
Telephone bills
399–ZZZ
Prohibition of certain fee charges
399–ZZZZ
Prohibition of certain fee charges for termination or early cancellation
399–ZZZZZ
Broadband service for low-income consumers
399–ZZZZZ*2
Use of preferred name and pronouns

Verified:
Jan. 3, 2026

Last modified:
Dec. 26, 2025

§ 394-I. Legally protected health activities's source at nysenate​.gov

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