Bill Text: NY A05089 | 2019-2020 | General Assembly | Introduced
Bill Title: Ensures that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2020-07-13 - held for consideration in health [A05089 Detail]
Download: New_York-2019-A05089-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5089 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. DiPIETRO, LALOR, FINCH -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee 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 abortion 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. LBD07625-01-9A. 5089 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. 5089 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.
