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§ 4550.Admissibility of evidence related to legally protected health activity.

Article 45. Evidence · Last amended 2025 · Last verified July 21, 2026

In one sentenceCPLR 4550 keeps evidence that a party engaged in legally protected reproductive health care or gender-affirming care from being used against that party as proof of wrongdoing, except in specific proceedings brought by the person who received that care.

Full Text of CPLR 4550

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Evidence relating to the involvement of a party engaging in legally protected health activity, as defined by section 570.17 of the criminal procedure law shall not be offered against such party as evidence that such party has engaged in any wrongdoing, whether civil, criminal, professional, or otherwise by virtue of engaging in such legally protected health activity. Nothing in this section shall prevent a party from offering such evidence in a proceeding that (i) sounds in tort or contract, (ii) is actionable, in an equivalent or similar manner, under the laws of this state, and (iii) was brought by the person who received reproductive health care or gender-affirming care, or the person’s legal representative in a manner consistent with subparagraph (iii) of paragraph one of subdivision (g) of section three thousand one hundred nineteen of this chapter.

Plain-English Summary

New York has passed several laws in recent years shielding people who provide, assist with, or receive reproductive health care and gender-affirming care that is legal in the state, even when other states have moved to penalize the same conduct. CPLR 4550 extends that shield into the evidence rules. Evidence that a party engaged in legally protected health activity, as defined by the criminal procedure law, cannot be offered against that party to show the party committed any wrongdoing, civil, criminal, professional, or otherwise, based on having engaged in that activity.

The statute carves out one clear exception. A party can still offer that evidence in a proceeding that sounds in tort or contract, is actionable under New York law in a similar way, and was brought by the person who received the reproductive health care or gender-affirming care (or that person's legal representative). In other words, the shield protects providers and participants from being second-guessed over the underlying legality of the care, but it does not block the patient's own tort or contract claims arising from that care, such as a malpractice suit against the provider who delivered it.

The rule fits into a broader legislative effort to insulate New York providers and patients from out-of-state legal exposure tied to reproductive and gender-affirming care, and it works alongside related shield provisions elsewhere in state law.

Frequently Asked Questions

Can a party's involvement in reproductive health care be used against them in a New York lawsuit?

No, not to show wrongdoing based on that involvement, unless the case falls within the exception for tort or contract claims brought by the patient who received the care.

Does CPLR 4550 block a malpractice suit by the patient against their own provider?

No. The statute allows evidence of the protected activity in a tort or contract proceeding brought by the person who received the care, or their legal representative.

What kind of health care does CPLR 4550 protect?

It protects legally protected health activity as defined in section 570.17 of the criminal procedure law, which covers reproductive health care and gender-affirming care that is lawful in New York.

Does this rule apply to criminal proceedings as well as civil ones?

Yes, the statute bars the evidence as proof of wrongdoing that is civil, criminal, professional, or otherwise, subject to the same tort-and-contract exception.

Why did New York add this evidence rule?

It responds to other states' efforts to penalize reproductive health care and gender-affirming care that remains legal in New York, by keeping a party's participation in that care from being used against them in New York proceedings.

Amendment History

L 2023, ch 138, § 6, effective June 23, 2023; L 2025, ch 694, § 17, effective December 19, 2025.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
Also known as: reproductive health care evidence shield New Yorkgender affirming care lawsuit evidence CPLRlegally protected health activity New York lawshield law reproductive health New York evidence