STATE OF NEW YORK
2017-2018 Regular Sessions
February 8, 2017
Introduced by M. of A. DiPIETRO, LALOR, FINCH -- Multi-Sponsored by --
M. of A. HAWLEY, McLAUGHLIN -- read once and referred to the Commit-
tee on Health
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.
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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
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.
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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.