Bill Text: NY S04898 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S04898 Detail]

Download: New_York-2009-S04898-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4898
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    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    S 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    S 2. This act shall take effect immediately.