Bill would protect New York providers, patients from other states' legal actions over gender-affirming care

ALBANY — New York medical providers and patients and their families would be protected from the legal action of other states for giving or receiving reproductive or gender-affirming care, including telehealth services, under a bill the State Assembly passed this week.

The measure builds on New York’s laws shielding providers from being prosecuted in other states that have limited access to abortion, extending protections to include gender-affirming care, such as hormonal treatments, blockers or therapy. It would provide protections for "legally protected health activity," shield families for supporting their child’s care, increase subpoena protections and prohibit state authorities from enforcing out-of-state legal action.

"We want to make sure that those folks are not prosecuted either civilly or criminally by hostile states that have different policy positions than we do here in the state," Assemb. Harry B. Bronson (D-Rochester), the bill’s sponsor, said Monday during the floor debate. "This bill is vitally necessary and important. Reproductive freedom and gender-affirming care and gender justice are under unprecedented attack not only from other states in our union but also from the federal government."

The bill was passed in a 94-50 vote in the Assembly Monday and 37-20 in the State Senate on May 22, as the legislature works through hundreds of bills as the session comes to a close. It will now head to Democratic Gov. Kathy Hochul for her consideration and would be effective once signed. Hochul spokesman Avi Small said the governor will review the legislation.

"There are concerns that have been raised about both reproductive services, abortion services and also gender-affirming care," Assmb. Mary Beth Walsh (R-Ballston) said, opposing the bill during the floor vote while also taking issue with protections to provide anonymity to providers. "If something goes wrong it's going to be difficult to track down who that physician or provider is."

The measure’s passage comes as some Democratic states look to increase protections and other Republican-led states increase restrictions for abortion and gender-affirming care following action by the U.S. Supreme Court to overturn previous case law on abortion access. The Trump administration has also acted to limit gender transitions for youth and issued an executive order stating the federal government will only recognize two sexes: male and female.

A New York-based physician, Dr. Margaret Carpenter, earlier this year faced legal action in Louisiana and Texas for prescribing abortion-inducing drugs via telehealth — actions protected under New York State law but banned in both Louisiana and Texas. Hochul in February vowed she wouldn’t sign an extradition warrant.

"We are proud to see New York continue its commitment to affirming the dignity, rights and humanity of trans people," said Kei Williams, executive director of NEW Pride Agenda, an advocacy group aimed at advancing the needs of the LGBTQIA individuals in the state. "The Assembly’s passage of Shield law 2.0 [Monday] sends a clear message: gender-affirming care is essential health care, and it will be protected here."