Prohibits discrimination against a person who refuses to perform or assist in an abortion when it is against his or her conscience or religious beliefs; gives complete and effective civil rights protection to such person.
STATE OF NEW YORK
________________________________________________________________________
4898
2009-2010 Regular Sessions
IN SENATE
April 27, 2009
___________
Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to prohibiting
discrimination against person who refuses to perform certain act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 79-i of the civil rights law, as added by chapter
2 1098 of the laws of 1971, is amended to read as follows:
3 § 79-i. Discrimination against person who refuses to perform certain
4 act prohibited. 1. When the performing of an abortion on a human being
5 or assisting thereat is contrary to the conscience or religious beliefs
6 of any person, he or she may refuse to perform or assist in such
7 abortion [by filing a prior written refusal setting forth the reasons
8 therefor with the appropriate and responsible hospital, person, firm,
9 corporation or association], or refuse to refer a person for such
10 abortion, or refuse to provide information about such abortion, and no
11 such public or private human services agency, hospital, person, firm,
12 corporation or association shall discriminate against the person so
13 refusing to act.
14 2. When providing a person with any form of assistance or information
15 relating to life-sustaining medical treatment is contrary to the
16 conscience or religious beliefs of any person, he or she may refuse to
17 provide such assistance or information, or refuse to refer a person for
18 such assistance or information, and no public or private human services
19 or health care agency, hospital, person, firm, corporation or associ-
20 ation shall discriminate against the person so refusing to act.
21 3. When providing a person with any form of assistance to end their
22 life is contrary to the conscience or religious beliefs of any person,
23 he or she may refuse to provide such assistance, or refuse to refer a
24 person for such assistance, or refuse to provide information about such
25 assistance, and no public or private human services or health care agen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05804-01-9
S. 4898 2
1 cy, hospital, person, firm, corporation or association shall discrimi-
2 nate against the person so refusing to act.
3 4. When providing a person with any form of assistance or information
4 about contraception or contraceptive devices (including condoms or other
5 items that are dispensed, discussed or demonstrated as part of any
6 program to prevent the spread of disease) is contrary to the conscience
7 or religious beliefs of any person, he or she may refuse to provide such
8 assistance or information, or refuse to refer a person for such assist-
9 ance or information, and no public or private human services or health
10 care agency, hospital, person, firm, corporation or association shall
11 discriminate against the person so refusing to act.
12 5. Every public and private agency, hospital, person, firm, corpo-
13 ration or association that provides human services or health care
14 services shall be required to notify employees of their rights under
15 this section in writing and to include the rights under this section in
16 their employee handbooks and personnel procedures.
17 6. A violation of the provisions of this section shall constitute a
18 misdemeanor. An individual affected by any action in violation of this
19 section may also bring a private cause of action against any institution
20 or individual who violates this section.
21 [2] 7. No civil action for negligence or malpractice, or disciplinary
22 action for professional misconduct, shall be maintained against a person
23 so refusing to act based on such refusal. A professional license,
24 including a renewal or recertification thereof, shall not be denied to
25 any person based on such refusal, nor shall such license be suspended or
26 revoked based on such refusal.
27 § 2. This act shall take effect immediately.
