Millman, Jaffee, Dinowitz, Peoples-Stokes, Rosenthal, Titus
 
MLTSPNSR
Galef, Gottfried, Jacobs, Lifton, Perry
 
Add S2507, Pub Health L
 
Requires disclosure by crisis pregnancy centers to clients that such center will not provide abortion or birth control services, that such center is not a licensed medical provider, that pregnancy tests are self-administered and may be purchased over the counter and that such center is not a medical facility; such notice shall be conducted upon first communication or first contact with the client and shall be either in a written statement or oral communication by staff assisting.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3748
SPONSOR: Glick (MS)
 
TITLE OF BILL: An act to amend the public health law, in relation to
requiring disclosure by crisis pregnancy centers
 
PURPOSE OR GENERAL IDEA OF BILL:
To require crisis pregnancy centers to disclose accurate and straight-
forward information regarding their medical licensure, as well as
offered and encouraged services.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Crisis pregnancy centers will be obligated to disclose the
degree of willingness to provide services or referral to services for
pregnancy termination or contraceptive services.
Section 2. Defines "crisis pregnancy centers".
Section 3. Requires that required disclosure shall be conducted upon
first communication or first contact with the client.
Section 4. Provides for reportage of violation to the Department of
Health and for an investigation to commence within 30 days of receiving
such a complaint.
Section 5. The violation of these provisions should result in a civil
fine of less than one hundred dollars initially and less than two
hundred thereafter.
 
JUSTIFICATION:
The deception and misinformation that is has been previously offered by
these clinics is not only unjust but potentially dangerous to a woman's
health. The proposed legislation would improve a woman's ability to
receive accurate and unbiased reproductive health services by obligating
crisis pregnancy centers to disclose certain information about their
medical certification, the type of tests used, as well as the clinic's
position on abortion and contraception in regards to the clinics will-
ingness to refer or perform these medical undertakings. When woman are
seeking family planning and health care services, it is imperative that
they are easily able to distinguish medical from non medical services
and receive accurate information as well as information on family plan-
ning without hassle or propaganda.
 
PRIOR LEGISLATIVE HISTORY:
2007-08: A6591 Referred to Health. 2009-10: Referred to Health. 2011-12
A.3328 Referred to Health.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
3748
2013-2014 Regular Sessions
IN ASSEMBLY
January 29, 2013
___________
Introduced by M. of A. GLICK, MILLMAN, JAFFEE, DINOWITZ, PEOPLES-STOKES,
ROSENTHAL, TITUS -- Multi-Sponsored by -- M. of A. GALEF, GOTTFRIED,
JACOBS, LIFTON, MAISEL, PERRY -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring disclo-
sure by crisis pregnancy centers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2507 to read as follows:
3 § 2507. Crisis pregnancy center; disclosure. 1. Any crisis pregnancy
4 center shall be required to disclose to a client that when inquiring
5 about pregnancy termination, abortion or birth control, such center will
6 not provide such services or make a referral for such services.
7 2. For purposes of this section "crisis pregnancy center" means an
8 organization whose primary purpose is to provide pregnancy counseling,
9 assistance and/or information, whether for a fee or as a free service,
10 but does not perform abortions or refer for abortions. "Crisis pregnancy
11 center" does not include licensed health care providers, hospitals,
12 family planning clinics that provide or refer for abortion and/or
13 contraception, or family planning clinics that receive federal Title X
14 funds.
15 3. The disclosure required by subdivision one of this section shall be
16 conducted upon first communication or first contact with the client or
17 potential client and shall be either in a written statement or oral
18 communication by staff assisting the potential client. Such disclosure
19 shall further be reasonably understandable to the client.
20 4. Any person who believes that a violation of this section has
21 occurred may file a complaint with the department. Within thirty days of
22 receiving such complaint, the department must investigate the complaint
23 and determine whether a violation has occurred.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04549-01-3
A. 3748 2
1 5. Any crisis pregnancy center violating the provisions of this
2 section shall be subject to a civil fine of not more than one hundred
3 dollars on the first violation and not more than two hundred fifty
4 dollars on the second and all subsequent violations.
5 § 2. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law.