§ 6531-B — Exceptions; reproductive health services

§ 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