S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          178
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health  law,  in  relation  to  enacting  the
         woman's right to know act; to repeal title 3 of article 25 of such law
         relating  to the control of midwifery; and providing for the repeal of
         certain provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Title  III  of  article  25  of  the public health law is
    2  REPEALED and a new title III is added to read as follows:
    3                                  TITLE III
    4                          WOMAN'S RIGHT TO KNOW ACT
    5  SECTION 2560.   SHORT TITLE.
    6          2560-A. LEGISLATIVE FINDINGS AND PURPOSES.
    7          2560-B. DEFINITIONS.
    8          2560-C. INFORMED CONSENT REQUIREMENT.
    9          2560-D. PUBLICATION OF MATERIALS.
   10          2560-E. ULTRASOUND.
   11          2560-F. INTERNET WEBSITE.
   12          2560-G. ABORTION PROVIDER WEBSITE.
   13          2560-H. EMERGENCY.
   14          2560-I. REPORTING REQUIREMENTS.
   15          2560-J. CRIMINAL PENALTIES.
   16          2560-K. CIVIL PENALTIES.
   17          2560-L. LIMITATION ON CIVIL LIABILITY.
   18          2560-M. SEVERABILITY.
   19          2560-N. CONSTRUCTION.
   20    S 2560. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
   21  "WOMAN'S RIGHT TO KNOW ACT".
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01696-01-5
       S. 178                              2
    1    S 2560-A. LEGISLATIVE FINDINGS AND PURPOSES. 1. THE LEGISLATURE  FINDS
    2  THAT:
    3    (A)  IT IS ESSENTIAL TO THE PSYCHOLOGICAL AND PHYSICAL WELL-BEING OF A
    4  WOMAN CONSIDERING AN ABORTION THAT SHE  RECEIVE  COMPLETE  AND  ACCURATE
    5  INFORMATION ON HER ALTERNATIVES.
    6    (B)  THE  KNOWLEDGEABLE  EXERCISE  OF  A  WOMAN'S  DECISION TO HAVE AN
    7  ABORTION DEPENDS ON THE EXTENT TO WHICH THE  WOMAN  RECEIVES  SUFFICIENT
    8  INFORMATION  TO MAKE AN INFORMED CHOICE BETWEEN TWO ALTERNATIVES: GIVING
    9  BIRTH OR HAVING AN ABORTION.
   10    (C) OVER EIGHTY PERCENT OF ALL  ABORTIONS  ARE  PERFORMED  IN  CLINICS
   11  DEVOTED SOLELY TO PROVIDING ABORTIONS AND FAMILY PLANNING SERVICES. MOST
   12  WOMEN  WHO  SEEK ABORTIONS AT THESE FACILITIES DO NOT HAVE ANY RELATION-
   13  SHIP WITH THE PHYSICIAN WHO PERFORMS THE ABORTION, BEFORE OR  AFTER  THE
   14  PROCEDURE. THEY DO NOT RETURN TO THE FACILITY FOR POST-SURGICAL CARE. IN
   15  MOST  INSTANCES,  THE  WOMAN'S  ONLY  ACTUAL  CONTACT WITH THE PHYSICIAN
   16  OCCURS SIMULTANEOUSLY WITH THE ABORTION PROCEDURE, WITH LITTLE  OPPORTU-
   17  NITY TO RECEIVE COUNSELING CONCERNING HER DECISION.
   18    (D)  THE  DECISION TO ABORT IS AN IMPORTANT AND OFTEN A STRESSFUL ONE,
   19  AND IT IS DESIRABLE AND IMPERATIVE THAT IT BE MADE WITH  FULL  KNOWLEDGE
   20  OF ITS NATURE AND CONSEQUENCES.
   21    (E)  THE  MEDICAL,  EMOTIONAL  AND  PSYCHOLOGICAL  CONSEQUENCES  OF AN
   22  ABORTION ARE SERIOUS AND CAN BE LASTING.
   23    (F) ABORTION FACILITIES OR PROVIDERS OFFER ONLY LIMITED AND/OR  IMPER-
   24  SONAL COUNSELING OPPORTUNITIES.
   25    (G) MANY ABORTION FACILITIES OR PROVIDERS HIRE UNTRAINED AND UNPROFES-
   26  SIONAL "COUNSELORS" WHOSE PRIMARY GOAL IS TO SELL ABORTION SERVICES.
   27    2. BASED ON THE FINDINGS IN SUBDIVISION ONE OF THIS SECTION, IT IS THE
   28  PURPOSE OF THIS TITLE TO:
   29    (A)  ENSURE  THAT EVERY WOMAN CONSIDERING AN ABORTION RECEIVE COMPLETE
   30  INFORMATION ON HER ALTERNATIVES AND THAT EVERY WOMAN  SUBMITTING  TO  AN
   31  ABORTION  DO  SO ONLY AFTER GIVING HER VOLUNTARY AND INFORMED CONSENT TO
   32  THE ABORTION PROCEDURE.
   33    (B) PROTECT UNBORN CHILDREN FROM A WOMAN'S UNINFORMED DECISION TO HAVE
   34  AN ABORTION.
   35    (C) REDUCE THE RISK THAT A  WOMAN  MAY  ELECT  AN  ABORTION,  ONLY  TO
   36  DISCOVER  LATER,  WITH  DEVASTATING PSYCHOLOGICAL CONSEQUENCES, THAT HER
   37  DECISION WAS NOT FULLY INFORMED.
   38    S 2560-B. DEFINITIONS. AS USED IN THIS TITLE:
   39    1. "ABORTION" MEANS THE USE OR PRESCRIPTION OF ANY  INSTRUMENT,  MEDI-
   40  CINE, DRUG OR ANY OTHER SUBSTANCE OR DEVICE WITH THE INTENT TO TERMINATE
   41  THE  PREGNANCY OF A WOMAN KNOWN BY THE PERSON SO USING OR PRESCRIBING TO
   42  BE PREGNANT. SUCH USE OR PRESCRIPTION IS NOT AN ABORTION  IF  DONE  WITH
   43  THE  INTENT  TO  (A)  SAVE  THE LIFE OR PRESERVE THE HEALTH OF AN UNBORN
   44  CHILD, (B) REMOVE A DEAD UNBORN CHILD, OR (C) DELIVER  AN  UNBORN  CHILD
   45  PREMATURELY  IN  ORDER TO PRESERVE THE HEALTH OF BOTH THE PREGNANT WOMAN
   46  AND HER UNBORN CHILD.
   47    2. "CONCEPTION" MEANS THE FUSION OF A HUMAN SPERMATOZOON WITH A  HUMAN
   48  OVUM.
   49    3.  "GESTATIONAL  AGE" MEANS THE TIME THAT HAS ELAPSED SINCE THE FIRST
   50  DAY OF THE WOMAN'S LAST MENSTRUAL PERIOD.
   51    4. "MEDICAL EMERGENCY" MEANS THAT CONDITION WHICH, ON THE BASIS OF THE
   52  PHYSICIAN'S GOOD FAITH CLINICAL JUDGMENT,  SO  COMPLICATES  THE  MEDICAL
   53  CONDITION  OF  A PREGNANT WOMAN AS TO NECESSITATE THE IMMEDIATE ABORTION
   54  OF HER PREGNANCY TO AVERT HER DEATH OR FOR WHICH  A  DELAY  WILL  CREATE
   55  SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODI-
   56  LY FUNCTION.
       S. 178                              3
    1    5.  "PHYSICIAN" MEANS ANY PERSON LICENSED TO PRACTICE MEDICINE IN THIS
    2  STATE.
    3    6.  "PREGNANT" OR "PREGNANCY" MEANS THAT FEMALE REPRODUCTIVE CONDITION
    4  OF HAVING AN UNBORN CHILD IN THE WOMAN'S BODY.
    5    7. "QUALIFIED PERSON" MEANS  AN  AGENT  OF  THE  PHYSICIAN  WHO  IS  A
    6  PSYCHOLOGIST,  LICENSED  SOCIAL WORKER, LICENSED PROFESSIONAL COUNSELOR,
    7  REGISTERED PROFESSIONAL NURSE OR PHYSICIAN.
    8    8. "UNBORN CHILD" MEANS THE OFFSPRING OF HUMAN BEINGS FROM  CONCEPTION
    9  UNTIL BIRTH.
   10    9.  "VIABILITY"    AND  "VIABLE" MEANS THAT STAGE OF FETAL DEVELOPMENT
   11  WHEN THE LIFE OF THE UNBORN CHILD MAY BE CONTINUED INDEFINITELY  OUTSIDE
   12  THE WOMB BY NATURAL OR ARTIFICIAL LIFE-SUPPORTIVE SYSTEMS.
   13    10. "WOMAN" MEANS ANY FEMALE PERSON.
   14    S 2560-C. INFORMED CONSENT REQUIREMENT. NO ABORTION SHALL BE PERFORMED
   15  OR  INDUCED WITHOUT THE VOLUNTARY AND INFORMED CONSENT OF THE WOMAN UPON
   16  WHOM THE ABORTION IS TO BE PERFORMED OR INDUCED.  EXCEPT IN THE CASE  OF
   17  A MEDICAL EMERGENCY, CONSENT TO AN ABORTION IS VOLUNTARY AND INFORMED IF
   18  AND ONLY IF:
   19    1.  AT  LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION, THE PHYSICIAN WHO
   20  IS TO PERFORM THE ABORTION OR THE REFERRING PHYSICIAN HAS  INFORMED  THE
   21  WOMAN, ORALLY AND IN PERSON, OF:
   22    (A) THE NAME OF THE PHYSICIAN WHO WILL PERFORM THE ABORTION;
   23    (B)  THE NATURE OF THE PROPOSED ABORTION METHOD AND OF THOSE RISKS AND
   24  ALTERNATIVES TO THE METHOD THAT  A  REASONABLE  PATIENT  WOULD  CONSIDER
   25  MATERIAL TO THE DECISION OF WHETHER OR NOT TO UNDERGO THE ABORTION;
   26    (C)  THE  PROBABLE GESTATIONAL AGE OF THE UNBORN CHILD AT THE TIME THE
   27  ABORTION IS TO BE PERFORMED. AND IF THE UNBORN CHILD IS  VIABLE  OR  HAS
   28  REACHED  THE  GESTATIONAL  AGE  OF TWENTY-TWO WEEKS, THAT (I) THE UNBORN
   29  CHILD MAY BE ABLE TO SURVIVE OUTSIDE THE WOMB; (II) THE  WOMAN  HAS  THE
   30  RIGHT TO REQUEST THE PHYSICIAN TO USE THE FORM OF TREATMENT THAT IS MOST
   31  LIKELY TO PRESERVE THE LIFE OF THE UNBORN CHILD; AND (III) IF THE UNBORN
   32  CHILD IS BORN ALIVE, THE ATTENDING PHYSICIAN HAS THE LEGAL OBLIGATION TO
   33  TAKE  ALL  REASONABLE STEPS NECESSARY TO MAINTAIN THE LIFE AND HEALTH OF
   34  THE CHILD;
   35    (D) THE PROBABLE ANATOMICAL AND PHYSIOLOGICAL CHARACTERISTICS  OF  THE
   36  UNBORN CHILD AT THE TIME THE ABORTION IS TO BE PERFORMED;
   37    (E) THE MEDICAL RISKS ASSOCIATED WITH CARRYING HER CHILD TO TERM;
   38    (F)  THE  MEDICAL  AND  PSYCHOLOGICAL  RISKS ASSOCIATED WITH ABORTION,
   39  INCLUDING, BUT NOT  LIMITED  TO,  THE  MEDICAL  EVIDENCE  REGARDING  THE
   40  INCREASED  RISK  OF BREAST CANCER ASSOCIATED WITH THE PROPOSED ABORTION;
   41  AND
   42    (G) ANY NEED FOR ANTI-RH IMMUNE GLOBULIN THERAPY, IF SHE IS  RH  NEGA-
   43  TIVE,  THE  LIKELY CONSEQUENCES OF REFUSING SUCH THERAPY AND THE COST OF
   44  THE THERAPY.
   45    2. AT LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION, THE  PHYSICIAN  WHO
   46  IS  TO  PERFORM  THE  ABORTION,  THE  REFERRING PHYSICIAN OR A QUALIFIED
   47  PERSON HAS INFORMED THE WOMAN, ORALLY AND IN PERSON, THAT:
   48    (A) THE PRINTED MATERIALS IN SECTION TWENTY-FIVE  HUNDRED  SIXTY-D  OF
   49  THIS  TITLE  DESCRIBE  THE  UNBORN  CHILD  AND LIST AGENCIES WHICH OFFER
   50  ALTERNATIVES TO ABORTION;
   51    (B) THE FATHER OF THE UNBORN   CHILD IS OBLIGATED  TO  ASSIST  IN  THE
   52  SUPPORT  OF HER CHILD, EVEN IN INSTANCES WHERE HE HAS OFFERED TO PAY FOR
   53  THE ABORTION. IN THE CASE OF RAPE, THIS INFORMATION MAY BE OMITTED;
   54    (C) THE STATE ENCOURAGES HER TO  VIEW  THE  ULTRASOUND  IMAGE  OF  HER
   55  UNBORN  CHILD,  AS  DESCRIBED  IN SECTION TWENTY-FIVE HUNDRED SIXTY-E OF
   56  THIS TITLE, BEFORE SHE DECIDES TO HAVE AN ABORTION.  IF THE  WOMAN  DOES
       S. 178                              4
    1  NOT  HAVE  PRIVATE HEALTH INSURANCE COVERAGE FOR THE ULTRASOUND SERVICE,
    2  SHE SHALL BE PRESUMPTIVELY ELIGIBLE FOR MEDICAL ASSISTANCE COVERAGE  FOR
    3  THE ULTRASOUND SERVICE; AND
    4    (D) SHE IS FREE TO WITHHOLD OR WITHDRAW HER CONSENT TO THE ABORTION AT
    5  ANY  TIME  BEFORE  OR DURING THE ABORTION WITHOUT AFFECTING HER RIGHT TO
    6  FUTURE CARE OR TREATMENT, AND WITHOUT THE LOSS OF ANY STATE OR  FEDERAL-
    7  LY-FUNDED BENEFITS TO WHICH SHE MIGHT OTHERWISE BE ENTITLED.
    8    3.  THE  INFORMATION  IN  SUBDIVISIONS  ONE AND TWO OF THIS SECTION IS
    9  PROVIDED TO THE WOMAN INDIVIDUALLY AND IN A PRIVATE ROOM TO PROTECT  HER
   10  PRIVACY AND MAINTAIN THE CONFIDENTIALITY OF HER DECISION, TO ENSURE THAT
   11  THE INFORMATION FOCUSES ON HER INDIVIDUAL CIRCUMSTANCES AND THAT SHE HAS
   12  AN ADEQUATE OPPORTUNITY TO ASK A QUESTION.
   13    4.  AT LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION, THE WOMAN IS GIVEN
   14  A COPY OF THE PRINTED MATERIALS DESCRIBED IN SECTION TWENTY-FIVE HUNDRED
   15  SIXTY-D OF THIS TITLE. IF THE WOMAN IS UNABLE  TO  READ  THE  MATERIALS,
   16  THEY SHALL BE READ TO HER. IF THE WOMAN ASKS QUESTIONS CONCERNING ANY OF
   17  THE  INFORMATION  OR  MATERIALS, ANSWERS SHALL BE PROVIDED TO HER IN HER
   18  OWN LANGUAGE.
   19    5. THE WOMAN CERTIFIES IN WRITING, PRIOR TO  THE  ABORTION,  THAT  THE
   20  INFORMATION REQUIRED TO BE PROVIDED UNDER SUBDIVISIONS ONE, TWO AND FOUR
   21  OF THIS SECTION HAS BEEN PROVIDED.
   22    6.  PRIOR  TO THE PERFORMANCE OF THE ABORTION, THE PHYSICIAN WHO IS TO
   23  PERFORM THE ABORTION OR HIS OR HER AGENT RECEIVES A COPY OF THE  WRITTEN
   24  CERTIFICATION PRESCRIBED BY SUBDIVISION FIVE OF THIS SECTION.
   25    7. THE WOMAN IS NOT REQUIRED TO PAY ANY AMOUNT FOR THE ABORTION PROCE-
   26  DURE UNTIL THE TWENTY-FOUR HOUR WAITING PERIOD HAS EXPIRED.
   27    S  2560-D.  PUBLICATION OF MATERIALS. 1. THE DEPARTMENT SHALL CAUSE TO
   28  BE PUBLISHED IN ENGLISH AND SPANISH,  AND  SHALL  UPDATE  ON  AN  ANNUAL
   29  BASIS, THE FOLLOWING EASILY COMPREHENSIBLE PRINTED MATERIALS:
   30    (A)  GEOGRAPHICALLY  INDEXED MATERIALS DESIGNED TO INFORM THE WOMAN OF
   31  PUBLIC AND PRIVATE AGENCIES AND SERVICES AVAILABLE  TO  ASSIST  A  WOMAN
   32  THROUGH  PREGNANCY,  UPON  CHILDBIRTH  AND WHILE HER CHILD IS DEPENDENT,
   33  INCLUDING BUT NOT LIMITED TO, ADOPTION  AGENCIES.  THE  MATERIALS  SHALL
   34  INCLUDE  A  COMPREHENSIVE  LIST  OF  THE  AGENCIES, A DESCRIPTION OF THE
   35  SERVICES THEY OFFER, AND THE TELEPHONE  NUMBERS  AND  ADDRESSES  OF  THE
   36  AGENCIES;  AND INFORM THE WOMAN ABOUT AVAILABLE MEDICAL ASSISTANCE BENE-
   37  FITS FOR PRENATAL CARE, CHILDBIRTH AND  NEONATAL  CARE,  AND  ABOUT  THE
   38  SUPPORT  OBLIGATIONS  OF  THE  FATHER  OF A CHILD WHO IS BORN ALIVE. THE
   39  DEPARTMENT SHALL ENSURE THAT THE MATERIALS DESCRIBED IN THIS SECTION ARE
   40  COMPREHENSIVE AND DO NOT DIRECTLY  OR  INDIRECTLY  PROMOTE,  EXCLUDE  OR
   41  DISCOURAGE  THE  USE OF ANY AGENCY OR SERVICE DESCRIBED IN THIS SECTION.
   42  THE MATERIALS SHALL ALSO CONTAIN A TOLL-FREE,  TWENTY-FOUR  HOUR  A  DAY
   43  TELEPHONE  NUMBER WHICH MAY BE CALLED TO OBTAIN, ORALLY, SUCH A LIST AND
   44  DESCRIPTION OF AGENCIES IN  THE  LOCALITY  OF  THE  CALLER  AND  OF  THE
   45  SERVICES  THEY  OFFER. THE MATERIALS SHALL STATE THAT IT IS UNLAWFUL FOR
   46  ANY INDIVIDUAL TO COERCE A WOMAN TO UNDERGO AN ABORTION, THAT ANY PHYSI-
   47  CIAN WHO PERFORMS AN ABORTION UPON A WOMAN WITHOUT HER INFORMED  CONSENT
   48  MAY  BE  LIABLE TO HER FOR DAMAGES IN A CIVIL ACTION AT LAW AND THAT THE
   49  LAW PERMITS ADOPTIVE PARENTS TO PAY COSTS OF PRENATAL  CARE,  CHILDBIRTH
   50  AND NEONATAL CARE. THE MATERIALS SHALL INCLUDE THE FOLLOWING STATEMENT:
   51    "THERE  ARE  MANY PUBLIC AND PRIVATE AGENCIES WILLING AND ABLE TO HELP
   52  YOU TO CARRY YOUR CHILD TO TERM, AND TO ASSIST YOU AND YOUR CHILD  AFTER
   53  YOUR  CHILD  IS  BORN, WHETHER YOU CHOOSE TO KEEP YOUR CHILD OR TO PLACE
   54  HER OR HIM FOR ADOPTION. THE STATE OF NEW YORK  STRONGLY  URGES  YOU  TO
   55  CONTACT  THEM  BEFORE  MAKING  A  FINAL DECISION ABOUT ABORTION. THE LAW
       S. 178                              5
    1  REQUIRES THAT YOUR PHYSICIAN OR HIS OR HER AGENT GIVE YOU  THE  OPPORTU-
    2  NITY TO CALL AGENCIES LIKE THESE BEFORE YOU UNDERGO AN ABORTION."
    3    (B)  MATERIALS  THAT INFORM THE PREGNANT WOMAN OF THE PROBABLE ANATOM-
    4  ICAL AND PHYSIOLOGICAL CHARACTERISTICS OF THE UNBORN CHILD  AT  TWO-WEEK
    5  GESTATIONAL  INCREMENTS  FROM  FERTILIZATION  TO  FULL  TERM,  INCLUDING
    6  PICTURES OR DRAWINGS REPRESENTING THE DEVELOPMENT OF UNBORN CHILDREN  AT
    7  TWO-WEEK  GESTATIONAL  INCREMENTS,  AND  ANY RELEVANT INFORMATION ON THE
    8  POSSIBILITY OF THE UNBORN  CHILD'S  SURVIVAL;  PROVIDED  THAT  ANY  SUCH
    9  PICTURES  OR  DRAWINGS  SHALL CONTAIN THE DIMENSIONS OF THE UNBORN CHILD
   10  AND MUST BE REALISTIC. THE MATERIALS SHALL BE  OBJECTIVE,  NONJUDGMENTAL
   11  AND  DESIGNED  TO  CONVEY ONLY ACCURATE SCIENTIFIC INFORMATION ABOUT THE
   12  UNBORN CHILD AT THE VARIOUS GESTATIONAL AGES. THE  MATERIAL  SHALL  ALSO
   13  CONTAIN  OBJECTIVE INFORMATION DESCRIBING THE METHODS OF ABORTION PROCE-
   14  DURES COMMONLY EMPLOYED, THE MEDICAL RISKS COMMONLY ASSOCIATED WITH EACH
   15  SUCH PROCEDURE AND THE MEDICAL RISKS ASSOCIATED WITH CARRYING A CHILD TO
   16  TERM.
   17    2. THE MATERIALS SHALL BE PRINTED IN A TYPEFACE  LARGE  ENOUGH  TO  BE
   18  CLEARLY LEGIBLE.
   19    3.  THE MATERIALS REQUIRED UNDER THIS SECTION SHALL BE AVAILABLE AT NO
   20  COST FROM THE DEPARTMENT UPON REQUEST AND IN APPROPRIATE NUMBER  TO  ANY
   21  PERSON, FACILITY OR HOSPITAL.
   22    S  2560-E.  ULTRASOUND. 1. PRIOR TO A WOMAN GIVING INFORMED CONSENT TO
   23  HAVING ANY PART OF AN ABORTION PERFORMED OR INDUCED, AND  PRIOR  TO  THE
   24  ADMINISTRATION  OF  ANY  ANESTHESIA OR MEDICATION IN PREPARATION FOR THE
   25  ABORTION ON THE WOMAN THE PHYSICIAN WHO IS TO PERFORM THE ABORTION OR  A
   26  QUALIFIED TECHNICIAN SHALL:
   27    (A)  PERFORM  AN  OBSTETRIC  ULTRASOUND  ON  THE PREGNANT WOMAN, USING
   28  WHICHEVER METHOD THE PHYSICIAN AND  PATIENT  AGREE  IS  BEST  UNDER  THE
   29  CIRCUMSTANCE;
   30    (B)  PROVIDE  A SIMULTANEOUS VERBAL EXPLANATION OF WHAT THE ULTRASOUND
   31  IS DEPICTING, WHICH SHALL INCLUDE  THE  PRESENCE  AND  LOCATION  OF  THE
   32  UNBORN  CHILD  WITHIN  THE  UTERUS  AND  THE  NUMBER  OF UNBORN CHILDREN
   33  DEPICTED. IF THE  ULTRASOUND  IMAGE  INDICATES  THAT  FETAL  DEMISE  HAS
   34  OCCURRED, A WOMAN SHALL BE INFORMED OF THAT FACT;
   35    (C)  DISPLAY THE ULTRASOUND IMAGES SO THAT THE PREGNANT WOMAN MAY VIEW
   36  THEM;
   37    (D) PROVIDE A MEDICAL DESCRIPTION  OF  THE  ULTRASOUND  IMAGES,  WHICH
   38  SHALL  INCLUDE THE DIMENSIONS OF THE EMBRYO OR FETUS AND THE PRESENCE OF
   39  EXTERNAL MEMBERS AND INTERNAL ORGANS, IF PRESENT AND VIEWABLE;
   40    (E) OBTAIN A WRITTEN  CERTIFICATION  FROM  THE  WOMAN,  PRIOR  TO  THE
   41  ABORTION,  THAT THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION HAVE
   42  BEEN COMPLIED WITH; AND
   43    (F) RETAIN A COPY OF THE WRITTEN CERTIFICATION PRESCRIBED BY PARAGRAPH
   44  (E) OF THIS SUBDIVISION.  THE  CERTIFICATION  SHALL  BE  PLACED  IN  THE
   45  MEDICAL FILE OF THE WOMAN AND SHALL BE KEPT BY THE ABORTION PROVIDER FOR
   46  A PERIOD OF NOT LESS THAN SEVEN YEARS. IF THE WOMAN IS A MINOR, THEN THE
   47  CERTIFICATION  SHALL BE PLACED IN THE MEDICAL FILE OF THE MINOR AND KEPT
   48  FOR AT LEAST SEVEN YEARS OR FOR FIVE YEARS AFTER THE MINOR  REACHES  THE
   49  AGE OF MAJORITY, WHICHEVER IS GREATER.
   50    2.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO PREVENT A PREGNANT
   51  WOMAN FROM AVERTING HER EYES FROM THE ULTRASOUND IMAGES REQUIRED  TO  BE
   52  PROVIDED  TO  AND REVIEWED WITH HER. NEITHER THE PHYSICIAN NOR THE PREG-
   53  NANT WOMAN SHALL BE SUBJECT TO ANY PENALTY IF SHE REFUSES TO LOOK AT THE
   54  PRESENTED ULTRASOUND IMAGES.
   55    3. PRIOR TO A WOMAN GIVING INFORMED CONSENT TO HAVING ANY PART  OF  AN
   56  ABORTION  PERFORMED OR INDUCED, IF THE PREGNANCY IS AT LEAST EIGHT WEEKS
       S. 178                              6
    1  AFTER FERTILIZATION (TEN WEEKS FROM THE FIRST DAY OF THE LAST  MENSTRUAL
    2  PERIOD), THE ABORTION PROVIDER WHO IS TO PERFORM OR INDUCE THE ABORTION,
    3  A CERTIFIED TECHNICIAN, OR ANOTHER AGENT OF THE ABORTION PROVIDER SHALL,
    4  USING  A  HAND-HELD  DOPPLER  FETAL MONITOR, MAKE THE EMBRYONIC OR FETAL
    5  HEARTBEAT OF THE UNBORN CHILD AUDIBLE FOR THE PREGNANT WOMAN TO HEAR.
    6    4. A PHYSICIAN, A CERTIFIED TECHNICIAN, OR ANOTHER AGENT OF THE PHYSI-
    7  CIAN SHALL NOT BE IN VIOLATION OF SUBDIVISION THREE OF THIS SECTION IF:
    8    (A) THE PHYSICIAN,  CERTIFIED  TECHNICIAN,  OR  AGENT  HAS  ATTEMPTED,
    9  CONSISTENT  WITH  STANDARD  MEDICAL  PRACTICE,  TO MAKE THE EMBRYONIC OR
   10  FETAL HEARTBEAT OF THE UNBORN CHILD AUDIBLE FOR THE  PREGNANT  WOMAN  TO
   11  HEAR USING A HAND-HELD DOPPLER FETAL MONITOR;
   12    (B)  THAT ATTEMPT DOES NOT RESULT IN THE HEARTBEAT BEING MADE AUDIBLE;
   13  AND
   14    (C) THE PHYSICIAN HAS OFFERED TO ATTEMPT TO MAKE THE HEARTBEAT AUDIBLE
   15  AT A SUBSEQUENT DATE.
   16    5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE  PREGNANT
   17  WOMAN FROM NOT LISTENING TO THE SOUNDS DETECTED BY THE HAND-HELD DOPPLER
   18  FETAL MONITOR, PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   19    S  2560-F. INTERNET WEBSITE. 1. THE DEPARTMENT SHALL DEVELOP AND MAIN-
   20  TAIN A STABLE INTERNET WEBSITE  TO  PROVIDE  THE  INFORMATION  DESCRIBED
   21  UNDER  SECTION TWENTY-FIVE HUNDRED SIXTY-D OF THIS TITLE. NO INFORMATION
   22  REGARDING WHO USES THE WEBSITE SHALL BE  COLLECTED  OR  MAINTAINED.  THE
   23  DEPARTMENT  SHALL  MONITOR  THE  WEBSITE ON A DAILY BASIS TO PREVENT AND
   24  CORRECT TAMPERING AND SHALL IMMEDIATELY NOTIFY ABORTION PROVIDERS OF ANY
   25  CHANGE IN THE LOCATION OF THE MATERIAL ON ITS WEBSITE.
   26    2. THE WEBSITE SHALL:
   27    (A) USE ENHANCED, USER-FRIENDLY SEARCH CAPABILITIES TO ENSURE THAT THE
   28  INFORMATION DESCRIBED IN SECTION TWENTY-FIVE  HUNDRED  SIXTY-D  OF  THIS
   29  TITLE  IS EASILY ACCESSIBLE, AND MUST USE SEARCHABLE KEYWORDS AND PHRAS-
   30  ES, SPECIFICALLY TO ENSURE THAT ENTERING THE TERM "ABORTION" YIELDS  THE
   31  MATERIALS  FROM  SECTION  TWENTY-FIVE  HUNDRED  SIXTY-D  OF  THIS TITLE,
   32  REGARDLESS OF HOW SUCH MATERIALS ARE LABELED;
   33    (B) ENSURE THAT THE MATERIAL FROM SECTION TWENTY-FIVE HUNDRED  SIXTY-D
   34  OF THIS TITLE IS PRINTABLE;
   35    (C)  GIVE  CLEAR PROMINENT INSTRUCTIONS ON HOW TO RECEIVE THE INFORMA-
   36  TION IN PRINTED FORM; AND
   37    (D) BE ACCESSIBLE TO THE PUBLIC WITHOUT REQUIRING REGISTRATION OR  USE
   38  OF A USER NAME, A PASSWORD, OR ANOTHER USER IDENTIFICATION.
   39    S  2560-G.  ABORTION  PROVIDER  WEBSITE. IF AN ABORTION PROVIDER HAS A
   40  WEBSITE, THE ABORTION PROVIDER'S INTERNET WEBSITE HOME PAGE, BY  USE  OF
   41  AT  LEAST  TWO  DIRECT  LINKS, ONE OF WHICH IS POSTED PROMINENTLY, SHALL
   42  LINK TO THE DEPARTMENT'S INFORMED CONSENT MATERIALS.
   43    S 2560-H. EMERGENCY. WHERE A MEDICAL EMERGENCY COMPELS THE PERFORMANCE
   44  OF AN ABORTION,  THE  PHYSICIAN  SHALL  INFORM  THE  WOMAN,  BEFORE  THE
   45  ABORTION  IF  POSSIBLE, OF THE MEDICAL INDICATIONS SUPPORTING HIS OR HER
   46  JUDGMENT THAT AN ABORTION IS NECESSARY TO AVERT HER DEATH  OR  TO  AVERT
   47  SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION.
   48    S  2560-I.  REPORTING REQUIREMENTS.   1. WITHIN NINETY DAYS AFTER THIS
   49  ACT IS ENACTED, THE DEPARTMENT SHALL PREPARE A REPORTING FORM FOR PHYSI-
   50  CIANS CONTAINING A REPRINT OF THIS ACT AND LISTING:
   51    (A) THE NUMBER OF WOMEN TO WHOM THE PHYSICIAN PROVIDED THE INFORMATION
   52  DESCRIBED IN SECTION TWENTY-FIVE HUNDRED SIXTY-C OF THIS TITLE; OF  THAT
   53  NUMBER,  THE  NUMBER  PROVIDED  BY  TELEPHONE AND THE NUMBER PROVIDED IN
   54  PERSON; AND OF EACH OF THOSE NUMBERS, THE NUMBER PROVIDED IN THE CAPACI-
   55  TY OF A REFERRING PHYSICIAN AND THE NUMBER PROVIDED IN THE CAPACITY OF A
   56  PHYSICIAN WHO IS TO PERFORM THE ABORTION;
       S. 178                              7
    1    (B) THE NUMBER OF WOMEN TO WHOM THE  PHYSICIAN  OR  AN  AGENT  OF  THE
    2  PHYSICIAN  PROVIDED  THE  INFORMATION  DESCRIBED  IN SECTION TWENTY-FIVE
    3  HUNDRED SIXTY-C OF THIS TITLE; OF THAT NUMBER, THE  NUMBER  PROVIDED  BY
    4  TELEPHONE  AND  THE NUMBER PROVIDED IN PERSON; OF EACH OF THOSE NUMBERS,
    5  THE  NUMBER  PROVIDED  IN  THE CAPACITY OF A REFERRING PHYSICIAN AND THE
    6  NUMBER PROVIDED IN THE CAPACITY OF A PHYSICIAN WHO  IS  TO  PERFORM  THE
    7  ABORTION;  AND  OF  EACH  OF  THOSE  NUMBERS, THE NUMBER PROVIDED BY THE
    8  PHYSICIAN AND THE NUMBER PROVIDED BY AN AGENT OF THE PHYSICIAN;
    9    (C) THE NUMBER OF WOMEN WHO AVAILED THEMSELVES OF THE  OPPORTUNITY  TO
   10  OBTAIN   A   COPY  OF  THE  PRINTED  INFORMATION  DESCRIBED  IN  SECTION
   11  TWENTY-FIVE HUNDRED SIXTY-D OF THIS TITLE OTHER THAN ON THE WEBSITE, AND
   12  THE NUMBER WHO DID NOT; AND OF EACH OF THOSE NUMBERS, THE NUMBER WHO, TO
   13  THE BEST OF THE REPORTING PHYSICIAN'S INFORMATION AND BELIEF, WENT ON TO
   14  OBTAIN THE ABORTION; AND
   15    (D) THE NUMBER OF ABORTIONS PERFORMED BY THE PHYSICIAN IN WHICH INFOR-
   16  MATION OTHERWISE REQUIRED TO BE  PROVIDED  AT  LEAST  TWENTY-FOUR  HOURS
   17  BEFORE  THE  ABORTION  WAS NOT SO PROVIDED BECAUSE AN IMMEDIATE ABORTION
   18  WAS NECESSARY TO AVERT THE WOMAN'S DEATH, AND THE NUMBER OF ABORTIONS IN
   19  WHICH SUCH INFORMATION WAS NOT SO PROVIDED BECAUSE A DELAY WOULD  CREATE
   20  SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODI-
   21  LY FUNCTION.
   22    2.  THE  DEPARTMENT  SHALL  ENSURE  THAT COPIES OF THE REPORTING FORMS
   23  DESCRIBED IN SUBDIVISION (A) OF THIS SECTION ARE PROVIDED:
   24    (A) WITHIN ONE HUNDRED TWO DAYS AFTER THE EFFECTIVE DATE OF THE  CHAP-
   25  TER OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH ENACTED THIS TITLE, TO ALL
   26  PHYSICIANS LICENSED TO PRACTICE IN THIS STATE;
   27    (B) TO EACH PHYSICIAN WHO SUBSEQUENTLY BECOMES NEWLY LICENSED TO PRAC-
   28  TICE  IN  THIS  STATE, AT THE SAME TIME AS OFFICIAL NOTIFICATION TO THAT
   29  PHYSICIAN THAT THE PHYSICIAN IS SO LICENSED; AND
   30    (C) BY DECEMBER FIRST OF EACH YEAR, OTHER THAN THE  CALENDAR  YEAR  IN
   31  WHICH  FORMS  ARE  DISTRIBUTED  IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
   32  SUBDIVISION, TO ALL PHYSICIANS LICENSED TO PRACTICE IN THIS STATE.
   33    3. BY FEBRUARY TWENTY-EIGHTH OF EACH YEAR FOLLOWING A CALENDAR YEAR IN
   34  ANY PART OF WHICH THIS ACT WAS IN EFFECT, EACH PHYSICIAN  WHO  PROVIDED,
   35  OR  WHOSE AGENT PROVIDED, INFORMATION TO ONE OR MORE WOMEN IN ACCORDANCE
   36  WITH SECTION TWENTY-FIVE HUNDRED SIXTY-C OF THIS TITLE DURING THE PREVI-
   37  OUS CALENDAR YEAR SHALL SUBMIT TO THE DEPARTMENT  A  COPY  OF  THE  FORM
   38  DESCRIBED  IN  SUBDIVISION  ONE OF THIS SECTION, WITH THE REQUESTED DATA
   39  ENTERED ACCURATELY AND COMPLETELY.
   40    4. REPORTS THAT ARE NOT SUBMITTED BY THE END  OF  A  GRACE  PERIOD  OF
   41  THIRTY  DAYS  FOLLOWING  THE  DUE DATE SHALL BE SUBJECT TO A LATE FEE OF
   42  FIVE HUNDRED DOLLARS FOR EACH ADDITIONAL THIRTY DAY PERIOD OR PORTION OF
   43  A THIRTY DAY PERIOD THEY ARE OVERDUE. ANY PHYSICIAN REQUIRED  TO  REPORT
   44  IN  ACCORDANCE  WITH THIS SECTION WHO HAS NOT SUBMITTED A REPORT, OR HAS
   45  SUBMITTED ONLY AN INCOMPLETE REPORT, MORE THAN ONE  YEAR  FOLLOWING  THE
   46  DUE  DATE, MAY, IN AN ACTION BROUGHT BY THE DEPARTMENT, BE DIRECTED BY A
   47  COURT OF COMPETENT JURISDICTION TO SUBMIT A  COMPLETE  REPORT  WITHIN  A
   48  PERIOD  STATED  BY  COURT  ORDER  OR  BE  SUBJECT TO SANCTIONS FOR CIVIL
   49  CONTEMPT.
   50    5. BY JUNE THIRTIETH OF EACH YEAR THE DEPARTMENT SHALL ISSUE A  PUBLIC
   51  REPORT PROVIDING STATISTICS FOR THE PREVIOUS CALENDAR YEAR COMPILED FROM
   52  ALL  OF THE REPORTS COVERING THAT YEAR SUBMITTED IN ACCORDANCE WITH THIS
   53  SECTION FOR EACH OF THE ITEMS LISTED IN SUBDIVISION ONE OF THIS SECTION.
   54  EACH SUCH REPORT SHALL ALSO PROVIDE  THE  STATISTICS  FOR  ALL  PREVIOUS
   55  CALENDAR YEARS, ADJUSTED TO REFLECT ANY ADDITIONAL INFORMATION FROM LATE
   56  OR CORRECTED REPORTS. THE DEPARTMENT SHALL TAKE CARE TO ENSURE THAT NONE
       S. 178                              8
    1  OF  THE INFORMATION INCLUDED IN THE PUBLIC REPORTS COULD REASONABLY LEAD
    2  TO THE IDENTIFICATION OF ANY INDIVIDUAL PROVIDED INFORMATION IN  ACCORD-
    3  ANCE WITH SUBDIVISION ONE OF THIS SECTION.
    4    6.  THE  DEPARTMENT  MAY  BY REGULATION ALTER THE DATES ESTABLISHED BY
    5  THIS SECTION OR CONSOLIDATE THE  FORMS  OR  REPORTS  DESCRIBED  IN  THIS
    6  SECTION  WITH  OTHER  FORMS OR REPORTS TO ACHIEVE ADMINISTRATIVE CONVEN-
    7  IENCE OR FISCAL SAVINGS OR TO REDUCE THE BURDEN  OF  REPORTING  REQUIRE-
    8  MENTS, SO LONG AS REPORTING FORMS ARE SENT TO ALL LICENSED PHYSICIANS IN
    9  THE  STATE AT LEAST ONCE EVERY YEAR AND THE REPORT DESCRIBED IN SUBDIVI-
   10  SION FIVE OF THIS SECTION, IS ISSUED AT LEAST ONCE EVERY YEAR.
   11    S 2560-J. CRIMINAL PENALTIES. ANY PERSON WHO INTENTIONALLY,  KNOWINGLY
   12  OR RECKLESSLY VIOLATES THE PROVISIONS OF THIS TITLE SHALL BE GUILTY OF A
   13  FELONY. ANY PHYSICIAN WHO KNOWINGLY OR RECKLESSLY SUBMITS A FALSE REPORT
   14  UNDER  SECTION TWENTY-FIVE HUNDRED SIXTY-I OF THIS TITLE SHALL BE GUILTY
   15  OF A MISDEMEANOR. NO PENALTY MAY BE ASSESSED AGAINST THE WOMAN UPON WHOM
   16  THE ABORTION IS PERFORMED OR ATTEMPTED TO BE PERFORMED.  NO  PENALTY  OR
   17  CIVIL LIABILITY MAY BE ASSESSED FOR FAILURE TO COMPLY WITH SECTION TWEN-
   18  TY-FIVE  HUNDRED  SIXTY-C OF THIS TITLE OR THAT PORTION OF SECTION TWEN-
   19  TY-FIVE HUNDRED SIXTY-C OF THIS TITLE REQUIRING A WRITTEN  CERTIFICATION
   20  THAT THE WOMAN HAS BEEN INFORMED OF HER OPPORTUNITY TO REVIEW THE INFOR-
   21  MATION REFERRED TO IN SUCH SECTION MAY BE ASSESSED UNLESS THE DEPARTMENT
   22  HAS  MADE  THE  PRINTED MATERIALS AVAILABLE AT THE TIME THE PHYSICIAN OR
   23  THE PHYSICIAN'S AGENT IS REQUIRED TO INFORM THE WOMAN OF  HER  RIGHT  TO
   24  VIEW THEM.
   25    S 2560-K. CIVIL PENALTIES. IN ADDITION TO ANY REMEDIES AVAILABLE UNDER
   26  THE  COMMON  OR  STATUTORY LAW OF THIS STATE, FAILURE TO COMPLY WITH THE
   27  REQUIREMENTS OF THIS TITLE SHALL:
   28    1. PROVIDE A BASIS FOR A CIVIL  MALPRACTICE  ACTION.  ANY  INTENTIONAL
   29  VIOLATION  OF  THIS  TITLE  SHALL BE ADMISSIBLE IN A CIVIL SUIT AS PRIMA
   30  FACIE EVIDENCE OF A FAILURE TO OBTAIN AN INFORMED CONSENT.
   31    2. PROVIDE A BASIS FOR PROFESSIONAL DISCIPLINARY  ACTION  PURSUANT  TO
   32  TITLE TWO-A OF ARTICLE TWO OF THIS CHAPTER.
   33    3.  PROVIDE  A  BASIS  FOR  RECOVERY  BY THE WOMAN IN A WRONGFUL DEATH
   34  ACTION, WHETHER OR NOT THE UNBORN CHILD  WAS  VIABLE  AT  THE  TIME  THE
   35  ABORTION WAS PERFORMED OR WAS BORN ALIVE.
   36    S  2560-L.  LIMITATION  ON CIVIL LIABILITY. ANY PHYSICIAN WHO COMPLIES
   37  WITH THE PROVISIONS OF THIS TITLE SHALL NOT BE HELD  CIVILLY  LIABLE  TO
   38  HIS  OR  HER  PATIENT  FOR  FAILURE  TO  OBTAIN  INFORMED CONSENT TO THE
   39  ABORTION.
   40    S 2560-M. SEVERABILITY. THE PROVISIONS OF THIS TITLE ARE  DECLARED  TO
   41  BE SEVERABLE, AND IF ANY PROVISION, WORD, PHRASE OR CLAUSE OF THIS TITLE
   42  OR  THE  APPLICATION  THEREOF  TO ANY PERSON SHALL BE HELD INVALID, SUCH
   43  INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE  REMAINING  PORTIONS  OF
   44  THIS TITLE.
   45    S 2560-N. CONSTRUCTION. 1. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS
   46  CREATING OR RECOGNIZING A RIGHT TO ABORTION.
   47    2.  IT  IS  NOT THE INTENTION OF THIS TITLE TO MAKE LAWFUL AN ABORTION
   48  THAT IS CURRENTLY UNLAWFUL.
   49    S 2. 1. The department of  health  shall  cause  to  be  published  in
   50  English  and  Spanish  within  102 days after the effective date of this
   51  act, and shall update on an annual basis, the following  easily  compre-
   52  hensible printed materials:
   53    (a)  Geographically  indexed materials designed to inform the woman of
   54  public and private agencies and services available  to  assist  a  woman
   55  through  pregnancy,  upon  childbirth  and while her child is dependent,
   56  including but not limited to, adoption  agencies.  The  materials  shall
       S. 178                              9
    1  include  a  comprehensive  list  of  the  agencies, a description of the
    2  services they offer, and the telephone  numbers  and  addresses  of  the
    3  agencies;  and inform the woman about available medical assistance bene-
    4  fits  for  prenatal  care,  childbirth,  and neonatal care and about the
    5  support obligations of the father of a child  who  is  born  alive.  The
    6  department  of  health shall ensure that the materials described in this
    7  section are comprehensive and do not  directly  or  indirectly  promote,
    8  exclude,  or  discourage  the  use of any agency or service described in
    9  this section. The materials shall also contain a toll-free  twenty-four-
   10  hour  a day telephone number which may be called to obtain, orally, such
   11  a list and description of agencies in the locality of the caller and  of
   12  the  services  they offer. The materials shall state that it is unlawful
   13  for any individual to coerce a woman to undergo an  abortion,  that  any
   14  physician  who  performs  an  abortion upon a woman without her informed
   15  consent may be liable to her for damages in a civil action  at  law  and
   16  that  the  law  permits  adoptive parents to pay costs of prenatal care,
   17  childbirth and neonatal care. The materials shall include the  following
   18  statement:
   19    "There  are  many public and private agencies willing and able to help
   20  you to carry your child to term, and to assist you and your child  after
   21  your  child  is  born, whether you choose to keep your child or to place
   22  her or him for adoption. The state of New York  strongly  urges  you  to
   23  contact  them  before  making  a  final decision about abortion. The law
   24  requires that your physician or his or her agent give you  the  opportu-
   25  nity to call agencies like these before you undergo an abortion."
   26    (b)  Materials  that inform the pregnant woman of the probable anatom-
   27  ical and physiological characteristics of the unborn child  at  two-week
   28  gestational  increments  from  fertilization  to  full  term,  including
   29  pictures or drawings representing the development of unborn children  at
   30  two-week  gestational  increments,  and  any relevant information on the
   31  possibility of the unborn  child's  survival;  provided  that  any  such
   32  pictures or drawings must contain the dimensions of the unborn child and
   33  must  be  realistic. The materials shall be objective, nonjudgmental and
   34  designed to convey only accurate scientific information about the unborn
   35  child at the various gestational ages. The material shall  also  contain
   36  objective  information  describing  the  methods  of abortion procedures
   37  commonly employed, the medical risks commonly associated with each  such
   38  procedure,  and  the  medical  risks associated with carrying a child to
   39  term.
   40    2. The materials shall be printed in a typeface  large  enough  to  be
   41  clearly legible.
   42    3.  The materials required under this section shall be available at no
   43  cost from the department of  health  upon  request  and  in  appropriate
   44  numbers to any person, facility or hospital.
   45    S 3. This act shall take effect immediately, provided that section one
   46  of   this act shall take effect on the one hundred second day after this
   47  act shall have become a law, when upon such date section two of this act
   48  shall expire and be deemed repealed.