SB178 Summary:

BILL NOS00178A
 
SAME ASNo Same As
 
SPONSORDIAZ
 
COSPNSR
 
MLTSPNSR
 
Rpld & add Art 25 Title III 2560 - 2560-n, Pub Health L
 
Enacts the "woman's right to know act"; provides women facing unplanned pregnancies who are considering abortion with full information and reflection time prior to having an abortion performed upon them; provides a 24-hour waiting period to give women the opportunity to receive information about the medical risks of abortion, alternatives to the procedure, and the unborn child's development; provides criminal and civil penalties.
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SB178 Actions:

BILL NOS00178A
 
01/07/2015REFERRED TO HEALTH
01/06/2016REFERRED TO HEALTH
01/20/2016AMEND AND RECOMMIT TO HEALTH
01/20/2016PRINT NUMBER 178A
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SB178 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         178--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the  public  health law, in relation to enacting the
          woman's right to know act; to repeal title 3 of article 25 of such law
          relating to the control of midwifery; and providing for the repeal  of
          certain provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Title III of  article  25  of  the  public  health  law  is
     2  REPEALED and a new title III is added to read as follows:
     3                                  TITLE III
     4                          WOMAN'S RIGHT TO KNOW ACT
     5  Section 2560.   Short title.
     6          2560-a. Legislative findings and purposes.
     7          2560-b. Definitions.
     8          2560-c. Informed consent requirement.
     9          2560-d. Publication of materials.
    10          2560-e. Ultrasound.
    11          2560-f. Internet website.
    12          2560-g. Abortion provider website.
    13          2560-h. Emergency.
    14          2560-i. Reporting requirements.
    15          2560-j. Criminal penalties.
    16          2560-k. Civil penalties.
    17          2560-l. Limitation on civil liability.
    18          2560-m. Severability.
    19          2560-n. Construction.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01696-02-6

        S. 178--A                           2
 
     1    § 2560. Short title. This title shall be known and may be cited as the
     2  "woman's right to know act".
     3    §  2560-a. Legislative findings and purposes. 1. The legislature finds
     4  that:
     5    (a) it is essential to the psychological and physical well-being of  a
     6  woman  considering  an  abortion  that she receive complete and accurate
     7  information on her alternatives.
     8    (b) the knowledgeable exercise  of  a  woman's  decision  to  have  an
     9  abortion  depends  on  the extent to which the woman receives sufficient
    10  information to make an informed choice between two alternatives:  giving
    11  birth or having an abortion.
    12    (c)  over  eighty  percent  of  all abortions are performed in clinics
    13  devoted solely to providing abortions and family planning services. Most
    14  women who seek abortions at these facilities do not have  any  relation-
    15  ship  with  the physician who performs the abortion, before or after the
    16  procedure. They do not return to the facility for post-surgical care. In
    17  most instances, the woman's  only  actual  contact  with  the  physician
    18  occurs  simultaneously with the abortion procedure, with little opportu-
    19  nity to receive counseling concerning her decision.
    20    (d) the decision to abort is an important and often a  stressful  one,
    21  and  it  is desirable and imperative that it be made with full knowledge
    22  of its nature and consequences.
    23    (e) the  medical,  emotional  and  psychological  consequences  of  an
    24  abortion are serious and can be lasting.
    25    (f)  abortion facilities or providers offer only limited and/or imper-
    26  sonal counseling opportunities.
    27    (g) many abortion facilities or providers hire untrained and unprofes-
    28  sional "counselors" whose primary goal is to sell abortion services.
    29    2. Based on the findings in subdivision one of this section, it is the
    30  purpose of this title to:
    31    (a) ensure that every woman considering an abortion  receive  complete
    32  information  on  her  alternatives and that every woman submitting to an
    33  abortion do so only after giving her voluntary and informed  consent  to
    34  the abortion procedure.
    35    (b) protect unborn children from a woman's uninformed decision to have
    36  an abortion.
    37    (c)  reduce  the  risk  that  a  woman  may elect an abortion, only to
    38  discover later, with devastating psychological  consequences,  that  her
    39  decision was not fully informed.
    40    § 2560-b. Definitions. As used in this title:
    41    1.  "Abortion"  means the use or prescription of any instrument, medi-
    42  cine, drug or any other substance or device with the intent to terminate
    43  the pregnancy of a woman known by the person so using or prescribing  to
    44  be  pregnant.  Such  use or prescription is not an abortion if done with
    45  the intent to (a) save the life or preserve  the  health  of  an  unborn
    46  child,  (b)  remove  a dead unborn child, or (c) deliver an unborn child
    47  prematurely in order to preserve the health of both the  pregnant  woman
    48  and her unborn child.
    49    2.  "Conception" means the fusion of a human spermatozoon with a human
    50  ovum.
    51    3. "Gestational age" means the time that has elapsed since  the  first
    52  day of the woman's last menstrual period.
    53    4. "Medical emergency" means that condition which, on the basis of the
    54  physician's  good  faith  clinical  judgment, so complicates the medical
    55  condition of a pregnant woman as to necessitate the  immediate  abortion
    56  of  her  pregnancy  to  avert her death or for which a delay will create

        S. 178--A                           3

     1  serious risk of substantial and irreversible impairment of a major bodi-
     2  ly function.
     3    5.  "Physician" means any person licensed to practice medicine in this
     4  state.
     5    6. "Pregnant" or "pregnancy" means that female reproductive  condition
     6  of having an unborn child in the woman's body.
     7    7.  "Qualified  person"  means  an  agent  of  the  physician who is a
     8  psychologist, licensed social worker, licensed  professional  counselor,
     9  registered professional nurse or physician.
    10    8.  "Unborn child" means the offspring of human beings from conception
    11  until birth.
    12    9. "Viability"  and "viable" means that  stage  of  fetal  development
    13  when  the life of the unborn child may be continued indefinitely outside
    14  the womb by natural or artificial life-supportive systems.
    15    10. "Woman" means any female person.
    16    § 2560-c. Informed consent requirement. No abortion shall be performed
    17  or induced without the voluntary and informed consent of the woman  upon
    18  whom  the abortion is to be performed or induced.  Except in the case of
    19  a medical emergency, consent to an abortion is voluntary and informed if
    20  and only if:
    21    1. At least twenty-four hours before the abortion, the  physician  who
    22  is  to  perform the abortion or the referring physician has informed the
    23  woman, orally and in person, of:
    24    (a) the name of the physician who will perform the abortion;
    25    (b) the nature of the proposed abortion method and of those risks  and
    26  alternatives  to  the  method  that  a reasonable patient would consider
    27  material to the decision of whether or not to undergo the abortion;
    28    (c) the probable gestational age of the unborn child at the  time  the
    29  abortion  is  to  be performed. And if the unborn child is viable or has
    30  reached the gestational age of twenty-two weeks,  that  (i)  the  unborn
    31  child  may  be  able to survive outside the womb; (ii) the woman has the
    32  right to request the physician to use the form of treatment that is most
    33  likely to preserve the life of the unborn child; and (iii) if the unborn
    34  child is born alive, the attending physician has the legal obligation to
    35  take all reasonable steps necessary to maintain the life and  health  of
    36  the child;
    37    (d)  the  probable anatomical and physiological characteristics of the
    38  unborn child at the time the abortion is to be performed;
    39    (e) the medical risks associated with carrying her child to term;
    40    (f) the medical and  psychological  risks  associated  with  abortion,
    41  including,  but  not  limited  to,  the  medical  evidence regarding the
    42  increased risk of breast cancer associated with the  proposed  abortion;
    43  and
    44    (g)  any  need for anti-Rh immune globulin therapy, if she is Rh nega-
    45  tive, the likely consequences of refusing such therapy and the  cost  of
    46  the therapy.
    47    2.  At  least twenty-four hours before the abortion, the physician who
    48  is to perform the abortion,  the  referring  physician  or  a  qualified
    49  person has informed the woman, orally and in person, that:
    50    (a)  the  printed  materials in section twenty-five hundred sixty-d of
    51  this title describe the unborn  child  and  list  agencies  which  offer
    52  alternatives to abortion;
    53    (b)  the  father  of  the unborn   child is obligated to assist in the
    54  support of her child, even in instances where he has offered to pay  for
    55  the abortion. In the case of rape, this information may be omitted;

        S. 178--A                           4
 
     1    (c)  the  state  encourages  her  to  view the ultrasound image of her
     2  unborn child, as described in section  twenty-five  hundred  sixty-e  of
     3  this  title,  before she decides to have an abortion.  If the woman does
     4  not have private health insurance coverage for the  ultrasound  service,
     5  she  shall be presumptively eligible for medical assistance coverage for
     6  the ultrasound service; and
     7    (d) she is free to withhold or withdraw her consent to the abortion at
     8  any time before or during the abortion without affecting  her  right  to
     9  future  care or treatment, and without the loss of any state or federal-
    10  ly-funded benefits to which she might otherwise be entitled.
    11    3. The information in subdivisions one and  two  of  this  section  is
    12  provided  to the woman individually and in a private room to protect her
    13  privacy and maintain the confidentiality of her decision, to ensure that
    14  the information focuses on her individual circumstances and that she has
    15  an adequate opportunity to ask a question.
    16    4. At least twenty-four hours before the abortion, the woman is  given
    17  a copy of the printed materials described in section twenty-five hundred
    18  sixty-d  of  this  title.  If the woman is unable to read the materials,
    19  they shall be read to her. If the woman asks questions concerning any of
    20  the information or materials, answers shall be provided to  her  in  her
    21  own language.
    22    5.  The  woman  certifies  in writing, prior to the abortion, that the
    23  information required to be provided under subdivisions one, two and four
    24  of this section has been provided.
    25    6. Prior to the performance of the abortion, the physician who  is  to
    26  perform  the abortion or his or her agent receives a copy of the written
    27  certification prescribed by subdivision five of this section.
    28    7. The woman is not required to pay any amount for the abortion proce-
    29  dure until the twenty-four hour waiting period has expired.
    30    § 2560-d. Publication of materials. 1. The department shall  cause  to
    31  be  published  in  English  and  Spanish,  and shall update on an annual
    32  basis, the following easily comprehensible printed materials:
    33    (a) geographically indexed materials designed to inform the  woman  of
    34  public  and  private  agencies  and services available to assist a woman
    35  through pregnancy, upon childbirth and while  her  child  is  dependent,
    36  including  but  not  limited  to, adoption agencies. The materials shall
    37  include a comprehensive list of  the  agencies,  a  description  of  the
    38  services  they  offer,  and  the  telephone numbers and addresses of the
    39  agencies; and inform the woman about available medical assistance  bene-
    40  fits  for  prenatal  care,  childbirth  and neonatal care, and about the
    41  support obligations of the father of a child  who  is  born  alive.  The
    42  department shall ensure that the materials described in this section are
    43  comprehensive  and  do  not  directly  or indirectly promote, exclude or
    44  discourage the use of any agency or service described in  this  section.
    45  The  materials  shall  also  contain a toll-free, twenty-four hour a day
    46  telephone number which may be called to obtain, orally, such a list  and
    47  description  of  agencies  in  the  locality  of  the  caller and of the
    48  services they offer. The materials shall state that it is  unlawful  for
    49  any individual to coerce a woman to undergo an abortion, that any physi-
    50  cian  who performs an abortion upon a woman without her informed consent
    51  may be liable to her for damages in a civil action at law and  that  the
    52  law  permits  adoptive parents to pay costs of prenatal care, childbirth
    53  and neonatal care. The materials shall include the following statement:
    54    "There are many public and private agencies willing and able  to  help
    55  you  to carry your child to term, and to assist you and your child after
    56  your child is born, whether you choose to keep your child  or  to  place

        S. 178--A                           5
 
     1  her  or  him  for  adoption. The state of New York strongly urges you to
     2  contact them before making a final  decision  about  abortion.  The  law
     3  requires  that  your physician or his or her agent give you the opportu-
     4  nity to call agencies like these before you undergo an abortion."
     5    (b)  materials  that inform the pregnant woman of the probable anatom-
     6  ical and physiological characteristics of the unborn child  at  two-week
     7  gestational  increments  from  fertilization  to  full  term,  including
     8  pictures or drawings representing the development of unborn children  at
     9  two-week  gestational  increments,  and  any relevant information on the
    10  possibility of the unborn  child's  survival;  provided  that  any  such
    11  pictures  or  drawings  shall contain the dimensions of the unborn child
    12  and must be realistic. The materials shall be  objective,  nonjudgmental
    13  and  designed  to  convey only accurate scientific information about the
    14  unborn child at the various gestational ages. The  material  shall  also
    15  contain  objective information describing the methods of abortion proce-
    16  dures commonly employed, the medical risks commonly associated with each
    17  such procedure and the medical risks associated with carrying a child to
    18  term.
    19    2. The materials shall be printed in a typeface  large  enough  to  be
    20  clearly legible.
    21    3.  The materials required under this section shall be available at no
    22  cost from the department upon request and in appropriate number  to  any
    23  person, facility or hospital.
    24    §  2560-e.  Ultrasound. 1. Prior to a woman giving informed consent to
    25  having any part of an abortion performed or induced, and  prior  to  the
    26  administration  of  any  anesthesia or medication in preparation for the
    27  abortion on the woman the physician who is to perform the abortion or  a
    28  qualified technician shall:
    29    (a)  perform  an  obstetric  ultrasound  on  the pregnant woman, using
    30  whichever method the physician and  patient  agree  is  best  under  the
    31  circumstance;
    32    (b)  provide  a simultaneous verbal explanation of what the ultrasound
    33  is depicting, which shall include  the  presence  and  location  of  the
    34  unborn  child  within  the  uterus  and  the  number  of unborn children
    35  depicted. If the  ultrasound  image  indicates  that  fetal  demise  has
    36  occurred, a woman shall be informed of that fact;
    37    (c)  display the ultrasound images so that the pregnant woman may view
    38  them;
    39    (d) provide a medical description  of  the  ultrasound  images,  which
    40  shall  include the dimensions of the embryo or fetus and the presence of
    41  external members and internal organs, if present and viewable;
    42    (e) obtain a written  certification  from  the  woman,  prior  to  the
    43  abortion,  that the requirements of subdivision two of this section have
    44  been complied with; and
    45    (f) retain a copy of the written certification prescribed by paragraph
    46  (e) of this subdivision.  The  certification  shall  be  placed  in  the
    47  medical file of the woman and shall be kept by the abortion provider for
    48  a period of not less than seven years. If the woman is a minor, then the
    49  certification  shall be placed in the medical file of the minor and kept
    50  for at least seven years or for five years after the minor  reaches  the
    51  age of majority, whichever is greater.
    52    2.  Nothing  in  this section shall be construed to prevent a pregnant
    53  woman from averting her eyes from the ultrasound images required  to  be
    54  provided  to  and reviewed with her. Neither the physician nor the preg-
    55  nant woman shall be subject to any penalty if she refuses to look at the
    56  presented ultrasound images.

        S. 178--A                           6
 
     1    3. Prior to a woman giving informed consent to having any part  of  an
     2  abortion  performed or induced, if the pregnancy is at least eight weeks
     3  after fertilization (ten weeks from the first day of the last  menstrual
     4  period), the abortion provider who is to perform or induce the abortion,
     5  a certified technician, or another agent of the abortion provider shall,
     6  using  a  hand-held  doppler  fetal monitor, make the embryonic or fetal
     7  heartbeat of the unborn child audible for the pregnant woman to hear.
     8    4. A physician, a certified technician, or another agent of the physi-
     9  cian shall not be in violation of subdivision three of this section if:
    10    (a) the physician,  certified  technician,  or  agent  has  attempted,
    11  consistent  with  standard  medical  practice,  to make the embryonic or
    12  fetal heartbeat of the unborn child audible for the  pregnant  woman  to
    13  hear using a hand-held doppler fetal monitor;
    14    (b)  that attempt does not result in the heartbeat being made audible;
    15  and
    16    (c) the physician has offered to attempt to make the heartbeat audible
    17  at a subsequent date.
    18    5. Nothing in this section shall be construed to prevent the  pregnant
    19  woman from not listening to the sounds detected by the hand-held doppler
    20  fetal monitor, pursuant to subdivision three of this section.
    21    §  2560-f. Internet website. 1. The department shall develop and main-
    22  tain a stable internet website  to  provide  the  information  described
    23  under  section twenty-five hundred sixty-d of this title. No information
    24  regarding who uses the website shall be  collected  or  maintained.  The
    25  department  shall  monitor  the  website on a daily basis to prevent and
    26  correct tampering and shall immediately notify abortion providers of any
    27  change in the location of the material on its website.
    28    2. The website shall:
    29    (a) use enhanced, user-friendly search capabilities to ensure that the
    30  information described in section twenty-five  hundred  sixty-d  of  this
    31  title  is easily accessible, and must use searchable keywords and phras-
    32  es, specifically to ensure that entering the term "abortion" yields  the
    33  materials  from  section  twenty-five  hundred  sixty-d  of  this title,
    34  regardless of how such materials are labeled;
    35    (b) ensure that the material from section twenty-five hundred  sixty-d
    36  of this title is printable;
    37    (c)  give  clear prominent instructions on how to receive the informa-
    38  tion in printed form; and
    39    (d) be accessible to the public without requiring registration or  use
    40  of a user name, a password, or another user identification.
    41    §  2560-g.  Abortion  provider  website. If an abortion provider has a
    42  website, the abortion provider's internet website home page, by  use  of
    43  at  least  two  direct  links, one of which is posted prominently, shall
    44  link to the department's informed consent materials.
    45    § 2560-h. Emergency. Where a medical emergency compels the performance
    46  of an abortion,  the  physician  shall  inform  the  woman,  before  the
    47  abortion  if  possible, of the medical indications supporting his or her
    48  judgment that an abortion is necessary to avert her death  or  to  avert
    49  substantial and irreversible impairment of a major bodily function.
    50    §  2560-i.  Reporting requirements.   1. Within ninety days after this
    51  act is enacted, the department shall prepare a reporting form for physi-
    52  cians containing a reprint of this act and listing:
    53    (a) the number of women to whom the physician provided the information
    54  described in section twenty-five hundred sixty-c of this title; of  that
    55  number,  the  number  provided  by  telephone and the number provided in
    56  person; and of each of those numbers, the number provided in the capaci-

        S. 178--A                           7
 
     1  ty of a referring physician and the number provided in the capacity of a
     2  physician who is to perform the abortion;
     3    (b)  the  number  of  women  to  whom the physician or an agent of the
     4  physician provided the  information  described  in  section  twenty-five
     5  hundred  sixty-c  of  this title; of that number, the number provided by
     6  telephone and the number provided in person; of each of  those  numbers,
     7  the  number  provided  in  the capacity of a referring physician and the
     8  number provided in the capacity of a physician who  is  to  perform  the
     9  abortion;  and  of  each  of  those  numbers, the number provided by the
    10  physician and the number provided by an agent of the physician;
    11    (c) the number of women who availed themselves of the  opportunity  to
    12  obtain  a  copy  of the printed information described in section twenty-
    13  five hundred sixty-d of this title other than on the  website,  and  the
    14  number who did not; and of each of those numbers, the number who, to the
    15  best  of  the  reporting  physician's information and belief, went on to
    16  obtain the abortion; and
    17    (d) the number of abortions performed by the physician in which infor-
    18  mation otherwise required to be  provided  at  least  twenty-four  hours
    19  before  the  abortion  was not so provided because an immediate abortion
    20  was necessary to avert the woman's death, and the number of abortions in
    21  which such information was not so provided because a delay would  create
    22  serious risk of substantial and irreversible impairment of a major bodi-
    23  ly function.
    24    2.  The  department  shall  ensure  that copies of the reporting forms
    25  described in subdivision (a) of this section are provided:
    26    (a) within one hundred two days after the effective date of the  chap-
    27  ter of the laws of two thousand sixteen which enacted this title, to all
    28  physicians licensed to practice in this state;
    29    (b) to each physician who subsequently becomes newly licensed to prac-
    30  tice  in  this  state, at the same time as official notification to that
    31  physician that the physician is so licensed; and
    32    (c) by December first of each year, other than the  calendar  year  in
    33  which  forms  are  distributed  in accordance with paragraph (a) of this
    34  subdivision, to all physicians licensed to practice in this state.
    35    3. By February twenty-eighth of each year following a calendar year in
    36  any part of which this act was in effect, each physician  who  provided,
    37  or  whose agent provided, information to one or more women in accordance
    38  with section twenty-five hundred sixty-c of this title during the previ-
    39  ous calendar year shall submit to the department  a  copy  of  the  form
    40  described  in  subdivision  one of this section, with the requested data
    41  entered accurately and completely.
    42    4. Reports that are not submitted by the end  of  a  grace  period  of
    43  thirty  days  following  the  due date shall be subject to a late fee of
    44  five hundred dollars for each additional thirty day period or portion of
    45  a thirty day period they are overdue. Any physician required  to  report
    46  in  accordance  with this section who has not submitted a report, or has
    47  submitted only an incomplete report, more than one  year  following  the
    48  due  date, may, in an action brought by the department, be directed by a
    49  court of competent jurisdiction to submit a  complete  report  within  a
    50  period  stated  by  court  order  or  be  subject to sanctions for civil
    51  contempt.
    52    5. By June thirtieth of each year the department shall issue a  public
    53  report providing statistics for the previous calendar year compiled from
    54  all  of the reports covering that year submitted in accordance with this
    55  section for each of the items listed in subdivision one of this section.
    56  Each such report shall also provide  the  statistics  for  all  previous

        S. 178--A                           8
 
     1  calendar years, adjusted to reflect any additional information from late
     2  or corrected reports. The department shall take care to ensure that none
     3  of  the information included in the public reports could reasonably lead
     4  to  the identification of any individual provided information in accord-
     5  ance with subdivision one of this section.
     6    6. The department may by regulation alter  the  dates  established  by
     7  this  section  or  consolidate  the  forms  or reports described in this
     8  section with other forms or reports to  achieve  administrative  conven-
     9  ience  or  fiscal  savings or to reduce the burden of reporting require-
    10  ments, so long as reporting forms are sent to all licensed physicians in
    11  the state at least once every year and the report described in  subdivi-
    12  sion five of this section, is issued at least once every year.
    13    §  2560-j. Criminal penalties. Any person who intentionally, knowingly
    14  or recklessly violates the provisions of this title shall be guilty of a
    15  felony. Any physician who knowingly or recklessly submits a false report
    16  under section twenty-five hundred sixty-i of this title shall be  guilty
    17  of a misdemeanor. No penalty may be assessed against the woman upon whom
    18  the  abortion  is  performed or attempted to be performed. No penalty or
    19  civil liability may be assessed for failure to comply with section twen-
    20  ty-five hundred sixty-c of this title or that portion of  section  twen-
    21  ty-five  hundred sixty-c of this title requiring a written certification
    22  that the woman has been informed of her opportunity to review the infor-
    23  mation referred to in such section may be assessed unless the department
    24  has made the printed materials available at the time  the  physician  or
    25  the  physician's  agent  is required to inform the woman of her right to
    26  view them.
    27    § 2560-k. Civil penalties. In addition to any remedies available under
    28  the common or statutory law of this state, failure to  comply  with  the
    29  requirements of this title shall:
    30    1.  Provide  a  basis  for a civil malpractice action. Any intentional
    31  violation of this title shall be admissible in a  civil  suit  as  prima
    32  facie evidence of a failure to obtain an informed consent.
    33    2.  Provide  a  basis for professional disciplinary action pursuant to
    34  title two-A of article two of this chapter.
    35    3. Provide a basis for recovery by  the  woman  in  a  wrongful  death
    36  action,  whether  or  not  the  unborn  child was viable at the time the
    37  abortion was performed or was born alive.
    38    § 2560-l. Limitation on civil liability. Any  physician  who  complies
    39  with  the  provisions  of this title shall not be held civilly liable to
    40  his or her patient  for  failure  to  obtain  informed  consent  to  the
    41  abortion.
    42    §  2560-m.  Severability. The provisions of this title are declared to
    43  be severable, and if any provision, word, phrase or clause of this title
    44  or the application thereof to any person shall  be  held  invalid,  such
    45  invalidity  shall  not  affect the validity of the remaining portions of
    46  this title.
    47    § 2560-n. Construction. 1. Nothing in this title shall be construed as
    48  creating or recognizing a right to abortion.
    49    2. It is not the intention of this title to make  lawful  an  abortion
    50  that is currently unlawful.
    51    §  2.  1.  The  department  of  health  shall cause to be published in
    52  English and Spanish within 102 days after the  effective  date  of  this
    53  act,  and  shall update on an annual basis, the following easily compre-
    54  hensible printed materials:
    55    (a) Geographically indexed materials designed to inform the  woman  of
    56  public  and  private  agencies  and services available to assist a woman

        S. 178--A                           9
 
     1  through pregnancy, upon childbirth and while  her  child  is  dependent,
     2  including  but  not  limited  to, adoption agencies. The materials shall
     3  include a comprehensive list of  the  agencies,  a  description  of  the
     4  services  they  offer,  and  the  telephone numbers and addresses of the
     5  agencies; and inform the woman about available medical assistance  bene-
     6  fits  for  prenatal  care,  childbirth,  and neonatal care and about the
     7  support obligations of the father of a child  who  is  born  alive.  The
     8  department  of  health shall ensure that the materials described in this
     9  section are comprehensive and do not  directly  or  indirectly  promote,
    10  exclude,  or  discourage  the  use of any agency or service described in
    11  this section. The materials shall also contain a toll-free  twenty-four-
    12  hour  a day telephone number which may be called to obtain, orally, such
    13  a list and description of agencies in the locality of the caller and  of
    14  the  services  they offer. The materials shall state that it is unlawful
    15  for any individual to coerce a woman to undergo an  abortion,  that  any
    16  physician  who  performs  an  abortion upon a woman without her informed
    17  consent may be liable to her for damages in a civil action  at  law  and
    18  that  the  law  permits  adoptive parents to pay costs of prenatal care,
    19  childbirth and neonatal care. The materials shall include the  following
    20  statement:
    21    "There  are  many public and private agencies willing and able to help
    22  you to carry your child to term, and to assist you and your child  after
    23  your  child  is  born, whether you choose to keep your child or to place
    24  her or him for adoption. The state of New York  strongly  urges  you  to
    25  contact  them  before  making  a  final decision about abortion. The law
    26  requires that your physician or his or her agent give you  the  opportu-
    27  nity to call agencies like these before you undergo an abortion."
    28    (b)  Materials  that inform the pregnant woman of the probable anatom-
    29  ical and physiological characteristics of the unborn child  at  two-week
    30  gestational  increments  from  fertilization  to  full  term,  including
    31  pictures or drawings representing the development of unborn children  at
    32  two-week  gestational  increments,  and  any relevant information on the
    33  possibility of the unborn  child's  survival;  provided  that  any  such
    34  pictures or drawings must contain the dimensions of the unborn child and
    35  must  be  realistic. The materials shall be objective, nonjudgmental and
    36  designed to convey only accurate scientific information about the unborn
    37  child at the various gestational ages. The material shall  also  contain
    38  objective  information  describing  the  methods  of abortion procedures
    39  commonly employed, the medical risks commonly associated with each  such
    40  procedure,  and  the  medical  risks associated with carrying a child to
    41  term.
    42    2. The materials shall be printed in a typeface  large  enough  to  be
    43  clearly legible.
    44    3.  The materials required under this section shall be available at no
    45  cost from the department of  health  upon  request  and  in  appropriate
    46  numbers to any person, facility or hospital.
    47    § 3. This act shall take effect immediately, provided that section one
    48  of   this act shall take effect on the one hundred second day after this
    49  act shall have become a law, when upon such date section two of this act
    50  shall expire and be deemed repealed.
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