A03717 Summary:

COSPNSRLalor, Finch
MLTSPNSRHawley, McLaughlin
Add Art 25 Title 1-C SS2516 - 2516-c, Pub Health L
Ensures that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion.
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A03717 Actions:

01/27/2015referred to health
01/06/2016referred to health
05/10/2016held for consideration in health
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A03717 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2015
        Introduced  by  M. of A. DiPIETRO, LALOR, FINCH -- Multi-Sponsored by --
          M. of A. McLAUGHLIN -- read once and  referred  to  the  Committee  on
        AN  ACT  to  amend  the  public health law, in relation to ensuring that
          women seeking an abortion receive an ultrasound and the opportunity to
          review the ultrasound before giving informed  consent  to  receive  an
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York ultrasound informed consent act".
     3    §  2.  Article  25 of the public health law is amended by adding a new
     4  title 1-C to read as follows:
     5                                  TITLE I-C
     6                       ULTRASOUND INFORMED CONSENT ACT
     7  Section 2516.   Definitions.
     8          2516-a. Requirement of informed consent.
     9          2516-b. Exception for medical emergencies.
    10          2516-c. Penalties for failure to comply.
    11    § 2516. Definitions. As used in this title:
    12    1. "Abortion" means the intentional use or prescription of any instru-
    13  ment, medicine, drug, or any other substance  or  device  or  method  to
    14  terminate  the life of an unborn child, or to terminate the pregnancy of
    15  a woman known to be pregnant with an intention other than:
    16    (a) to produce a live birth and preserve the life and  health  of  the
    17  child after live birth; or
    18    (b)  to  remove an ectopic pregnancy, or to remove a dead unborn child
    19  who died as the result of a spontaneous abortion, accidental trauma,  or
    20  a criminal assault on the pregnant female or her unborn child.
    21    2.  "Abortion  provider" means any person legally qualified to perform
    22  an abortion under applicable federal and state laws.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3717                             2
     1    3. "Unborn child" means a member of the species homo sapiens,  at  any
     2  stage of development prior to birth.
     3    4.  "Unemancipated minor" means a minor who is subject to the control,
     4  authority, and supervision of his or her parent or guardian,  as  deter-
     5  mined under state law.
     6    5.  "Woman"  means a female human being whether or not she has reached
     7  the age of majority.
     8    § 2516-a. Requirement of informed consent. 1. Any abortion provider in
     9  or affecting interstate or foreign commerce, who knowingly performs  any
    10  abortion, shall comply with the requirements of this title.
    11    2.  Prior  to a woman giving informed consent to having any part of an
    12  abortion  performed,  the  abortion  provider  who  is  to  perform  the
    13  abortion, or an agent under the supervision of the provider, shall:
    14    (a) perform an obstetric ultrasound on the pregnant woman;
    15    (b)  provide  a  simultaneous  explanation  of  what the ultrasound is
    16  depicting;
    17    (c) display the ultrasound images so that the pregnant woman may  view
    18  them; and
    19    (d)  provide  a complete medical description of the ultrasound images,
    20  which shall include all of the following: the dimensions of  the  embryo
    21  or  fetus,  cardiac activity if present and visible, and the presence of
    22  external members and internal organs if present and viewable.
    23    3. Nothing in this section shall be construed to  prevent  a  pregnant
    24  woman  from turning her eyes away from the ultrasound images required to
    25  be displayed and described to her. Neither the abortion provider nor the
    26  pregnant woman shall be subject to any penalty under this title  if  the
    27  pregnant woman declines to look at the displayed ultrasound images.
    28    §  2516-b.  Exception  for  medical  emergencies. 1. The provisions of
    29  section twenty-five hundred sixteen-a of this title shall not  apply  to
    30  an  abortion provider if the abortion is necessary to save the life of a
    31  mother whose  life  is  endangered  by  a  physical  disorder,  physical
    32  illness,  or  physical  injury,  including  a  life-endangering physical
    33  condition caused by or arising from the pregnancy itself.
    34    2. Upon a determination by an abortion provider under subdivision  one
    35  of  this  section  that  an  abortion is necessary to save the life of a
    36  mother, such provider shall include in the medical file of the  pregnant
    37  woman  a  truthful  and  accurate  certification of the specific medical
    38  circumstances that support such determination.
    39    § 2516-c. Penalties for failure to comply. 1. The attorney general may
    40  commence a civil action in state court under this  section  against  any
    41  abortion  provider who knowingly commits an act constituting a violation
    42  of this title for a penalty in an amount not to exceed:
    43    (a) one hundred thousand dollars  for  each  violation  in  the  first
    44  proceeding in the case of the first such violation; and
    45    (b)  two  hundred  fifty thousand dollars per violation in the case of
    46  each subsequent proceeding.
    47    2. Upon the assessment of a civil penalty  under  subdivision  one  of
    48  this  section, the attorney general shall notify the appropriate medical
    49  licensing authority.
    50    3. A woman upon whom an abortion has been performed  in  violation  of
    51  this title may commence a civil action against the abortion provider for
    52  any  violation  of  this  title  for  actual  and  punitive damages. For
    53  purposes of the preceding sentence, actual damages are objectively veri-
    54  fiable money damages for all injuries.

        A. 3717                             3
     1    § 3. Severability. If any provision of this act,  or  any  application
     2  thereof,  is found to be unconstitutional, the remainder of this act and
     3  any application thereof shall not be affected by such finding.
     4    § 4. This act shall take effect immediately.
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