N.Y. Education Law § 6531-b: Exceptions; reproductive health services

§ 6531-b. Exceptions; reproductive health services. 1. As used in this

section, the following terms shall have the following meanings:

(a) "Reproductive health care" shall mean and include all services,

care, or products of a medical, surgical, psychiatric, therapeutic,

diagnostic, mental health, behavioral health, preventative,

rehabilitative, supportive, consultative, referral, prescribing, or

dispensing nature relating to the human reproductive system provided in

accordance with the constitution and the laws of this state, whether

provided in person or by means of telehealth or telehealth services,

which includes, but is not limited to, all services, care, and products

relating to pregnancy, assisted reproduction, contraception, miscarriage

management or abortion, including but not limited to care an individual

provides to themself.

(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,

including but not limited to care an individual provides to themself;

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. Any legally protected health activity, as defined by section 570.17

of the criminal procedure law, by a health care practitioner acting

within their scope of practice, 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

engaged in legally protected health activity, as defined by section

570.17 of the criminal procedure law.

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.