The New York “Shield Law” refers to several statutes intended to protect patients and providers seeking or offering services concerning gender-affirming care or abortion. These statutes were enacted in response to certain other states increasingly criminalizing these types of healthcare services. The Shield Law prohibits state cooperation with hostile actions, prevents the forced production of evidence, and protects medical data so long as the care was lawfully provided in New York. These protections also apply to reproductive healthcare if the care was provided via telehealth to a patient located outside New York by a provider located in New York.
The Shield Law was recently amended on December 19, 2025, in response to a 2024 lawsuit by the Texas Attorney General in which a Texas court issued a judgment against a New York provider for sending abortion medication to a patient in Texas. The Texas Attorney General tried to enforce the judgment in New York but the county clerk, relying on the Shield Law, never filed it. The Texas Attorney General then filed suit against the New York county clerk, claiming a violation of the U.S. Constitution. The New York Supreme Court ultimately dismissed the suit by relying on the Shield Law.
The recent amendment now requires a provider to notify the New York Attorney General within 72 hours if the provider receives an out-of-state subpoena which the Shield Law would protect against. This notice must include information on how the provider plans to reply. The provider must attempt to notify anyone who provided or received the healthcare service(s) in question 30 days before complying with the subpoena.
The law also prohibits New York licensed attorneys from making these out-of-state subpoenas enforceable in the state and bars New York-based private entities from cooperating with investigations seeking to penalize reproductive or gender-affirming care. Lastly, the amended law expands the protections to now cover therapists, speech pathologists, mental health practitioners, advanced practice clinicians, and other healthcare providers involved in this protected area of care.
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