A03748 Summary:

BILL NO    A03748 

SAME AS    No same as 

SPONSOR    Glick (MS)

COSPNSR    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.
Go to top

A03748 Actions:

BILL NO    A03748 

01/29/2013 referred to health
01/08/2014 referred to health
Go to top

A03748 Votes:

There are no votes for this bill in this legislative session.
Go to top

A03748 Memo:

BILL NUMBER:A3748

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.
Go to top

A03748 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3748

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  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    S 2. This act shall take effect on the one hundred eightieth day after
    6  it shall have become a law.
Go to top
Page display time = 0.0882 sec