NY State Assembly Bill 2009-A424

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 23, 2009	enacting clause stricken
Jan 07, 2009	referred to health

2009-A424 (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add Art 25 Title I-C §§2518 - 2518-e, Pub Health L

2009-A424 (ACTIVE) - Summary

Enacts the fetal pain prevention act; mandates that physicians provide a pregnant female with information of fetal pain; authorizes the commissioner to prepare and publish fetal pain information; requires a physician who is to perform the abortion to request the female's voluntary and knowing consent for anesthesia to eliminate the fetal pain during the procedure

2009-A424 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A424

TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the fetal pain prevention act

PURPOSE OR GENERAL IDEA OF BILL:  This bill would enact the fetal pain
prevention act which would require a physician performing an abortion on
a pregnant female carrying a fetus of twenty or more weeks gestational
age to provide the female with information on fetal pain.

SUMMARY OF SPECIFIC PROVISIONS:  Section One amends Article 25 of the
Public Health Law by adding a new title 1-B which establishes the Fetal
Pain Prevention Act. This act applies only to abortions performed on
women carrying fetuses of twenty or more weeks gestational age. If the
physician has reason to believe such is the case, he is required to
provide the woman, both orally and in writing, information about fetal
pain. The nature of the information is to be prescribed by the Commis-
sioner of Health. The bill requires it to be "objective, nonjudgmental
and designed to convey accurate scientific information." The information
shall include facts regarding (a) the development of the fetal nervous
system, (b) fetal responsiveness to adverse stimuli, (c) a description
of the actual steps in the abortion procedure to be administered.

After this information has been provided, the physician must request the
woman's consent to the administration of an anesthesia or analgesic to
eliminate or alleviate fetal pain during the course of the abortion. The

physician is bound by the patient's decision. If it is affirmative, the
physician shall administer the anesthesia unless it would to a signif-
icant degree decrease the possibility of sustained survival of the fetus
apart from the mother or that would cause the death of the fetus.  There
are other provisions and exceptions protecting the medical welfare of
the mother.

Section Two provides the effective date.

EXISTING LAW:  Currently, there is no provision in statutory law which
requires physicians to provide a mother with fetal pain information.

JUSTIFICATION:  The accumulated scientific evidence now establishes
clearly that a twenty-week-old fetus can feel pain. Professor Robert
White testified before the House Constitution Subcommittee the "the
fetus, within this time frame of gestation, 20 weeks and beyond, is
fully capable of experiencing pain... Without question, all of this is a
dreadfully painful experience for any infant subject to such a surgical
procedure."  Professor Paul Ranalli, a neurologist at the University of
Toronto, points out that two types of stress hormones, normally released
by adults subjected to pain, are released in massive amounts by a fetus
subjected to a needle puncture to draw a blood sample. This was estab-
lished by a researcher working on 19-week-old fetuses (N. Fisk, London),
and by another working on 16-week-old fetuses (J. Partch, Kiel). At this
point, the fetus physically withdraws from the source of pain, and its
vital signs reflect agitation. Dr. Ranalli points out that a 20-30 week

old fetus actually will feel more pain than an adult will, because the
pain system is fully developed but the higher level pain-modifying
system has just barely begun to develop.

The performance of an abortion on a 20-week-old fetus clearly inflicts
terrible physical suffering. This bill does not even require the use of
anesthesia, but only that the mother be given the scientific facts and
the choice to protect the fetus from such suffering. The unjustifiable
infliction of suffering on any animal life, other than unborn human
life, is defined as "Cruelty to Animals" and made criminal under long
standing New York State law. It is unspeakable that unborn human beings
are not given equal protection.

LEGISLATIVE HISTORY:  2008-2007; A4430 referred to health.  2006; A4549
referred to health, S.2314 referred to health. 2005; A4549 referred to
health, S.2314 referred to health.  2004; A3431 referred to health,
2001-02 S.3385 Health Committee

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE:  This act shall take effect the first day of January
next succeeding the date on which it shall have become a law; provided,
however that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

2009-A424 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   424

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to enacting the fetal
  pain prevention act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Article 25 of the public health law is amended by adding a
new title 1-C to read as follows:
                                 TITLE I-C
                        FETAL PAIN PREVENTION ACT
SECTION 2518. SHORT TITLE.
        2518-A. DEFINITIONS.
        2518-B. FETAL PAIN INFORMATION.
        2518-C. FETAL PAIN PREVENTION.
        2518-D EXCEPTIONS.
        2518-E. PENALTIES AND REMEDIES.
  S 2518. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"FETAL PAIN PREVENTION ACT".
  S 2518-A. DEFINITIONS. FOR PURPOSES OF THIS TITLE THE FOLLOWING  WORDS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "ABORTION" MEANS AN ACT PERFORMED UPON A PREGNANT FEMALE BY A DULY
LICENSED PHYSICIAN, WITH THE CONSENT OF  THE  PREGNANT  FEMALE,  WHETHER
DIRECTLY  UPON HER BODY OR BY THE ADMINISTRATING, TAKING OR PRESCRIPTION
OF DRUGS, OR IN ANY OTHER MANNER, WITH INTENT TO TERMINATE HER PREGNANCY
AND WITH KNOWLEDGE THAT THE ACT WILL, WITH REASONABLE LIKELIHOOD,  CAUSE
THE DEATH OF THE FETUS.
  2.  "FETUS" MEANS A LIVING MEMBER OF THE HUMAN SPECIES AT ANY STAGE OF
GESTATION WHO HAS NOT YET BEEN BORN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01904-01-9

A. 424                              2

  S 2518-B. FETAL PAIN INFORMATION.  1. IF A PHYSICIAN WHO IS TO PERFORM
AN ABORTION HAS REASON TO BELIEVE THAT THE PREGNANT FEMALE IS CARRYING A
FETUS OF TWENTY OR MORE WEEKS GESTATIONAL AGE, THE PHYSICIAN SHALL:
  (A)  ORALLY  AND IN PERSON PROVIDE HER WITH INFORMATION ON FETAL PAIN;
AND
  (B) PERSONALLY GIVE HER THE WRITTEN MATERIAL WITH INFORMATION ON FETAL
PAIN THAT HAS BEEN PREPARED BY THE COMMISSIONER IN ACCORDANCE WITH  THIS
TITLE.
  2.  THE COMMISSIONER SHALL PREPARE AND IS EMPOWERED TO PUBLISH WRITTEN
MATERIAL THAT CONTAINS INFORMATION ON FETAL PAIN, AND UPDATE THIS  MATE-
RIAL  AS  NECESSARY. THE MATERIALS SHALL BE OBJECTIVE, NONJUDGMENTAL AND
DESIGNED TO CONVEY ACCURATE SCIENTIFIC INFORMATION. THE MATERIALS  SHALL
INCLUDE, BUT NOT BE LIMITED TO, INFORMATION REGARDING:
  (A) THE DEVELOPMENT OF THE NERVOUS SYSTEM OF THE FETUS;
  (B) FETAL RESPONSIVENESS TO ADVERSE STIMULI;
  (C)  A DESCRIPTION OF THE ACTUAL STEPS IN THE ABORTION PROCEDURE TO BE
ADMINISTERED.
  3. THE PHYSICIAN SHALL CERTIFY, ON A FORM PRESCRIBED  BY  THE  COMMIS-
SIONER,  THAT  THE  INFORMATION REQUIRED UNDER THIS SUBDIVISION HAS BEEN
PERSONALLY PROVIDED TO THE PREGNANT FEMALE.  THIS FORM SHALL  BE  PLACED
IN THE MEDICAL RECORDS OF THE PREGNANT FEMALE.
  S  2518-C. FETAL PAIN PREVENTION.  1. AFTER THE INFORMATION PRESCRIBED
IN SECTION TWO THOUSAND FIVE HUNDRED EIGHTEEN-B OF THIS TITLE  HAS  BEEN
PROVIDED  TO  THE  PREGNANT  FEMALE, THE PHYSICIAN WHO IS TO PERFORM THE
ABORTION SHALL PERSONALLY REQUEST HER VOLUNTARY AND KNOWING CONSENT  FOR
THE ADMINISTRATION OF AN ANESTHESIA OR ANALGESIC TO ELIMINATE OR ALLEVI-
ATE FETAL PAIN DURING THE COURSE OF THE ABORTION.
  2.  THE  PHYSICIAN  SHALL CERTIFY, ON A FORM PRESCRIBED BY THE COMMIS-
SIONER, IN THAT HE OR SHE HAS PERSONALLY REQUESTED THE CONSENT  REQUIRED
IN  ACCORDANCE  WITH  THIS  SECTION.  THIS  FORM  SHALL BE PLACED IN THE
MEDICAL RECORDS OF THE PREGNANT FEMALE.
  3. THE PREGNANT FEMALE SHALL CERTIFY, ON  A  FORM  PRESCRIBED  BY  THE
COMMISSIONER,  HER  DECISION  REGARDING GRANTING OR REFUSING THE CONSENT
REQUIRED IN ACCORDANCE WITH THIS SECTION. THIS FORM SHALL BE  PLACED  IN
HER MEDICAL RECORDS.
  4.  AFTER  RECEIVING  THE CONSENT IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION, THE PHYSICIAN PERFORMING THE ABORTION SHALL ADMINISTER  AN
ANESTHESIA  OR  ANALGESIC  WHICH  IN SUCH PHYSICIAN'S REASONABLE MEDICAL
JUDGMENT IS NECESSARY TO ELIMINATE OR ALLEVIATE FETAL  PAIN  DURING  THE
COURSE  OF THE ABORTION. HOWEVER, THE PHYSICIAN SHALL NOT ADMINISTER ANY
MEDICATION THAT WOULD TO A MEDICALLY  SIGNIFICANT  DEGREE  DECREASE  THE
POSSIBILITY  OF  SUSTAINED  SURVIVAL OF THE FETUS APART FROM THE BODY OF
THE MOTHER, WITH OR WITHOUT ARTIFICIAL LIFE SUPPORT, OR THAT WOULD CAUSE
THE DEATH OF THE FETUS.
  S 2518-D.   EXCEPTIONS. 1. THIS SECTION SHALL  NOT  APPLY  IF  IN  THE
REASONABLE MEDICAL JUDGMENT OF THE PHYSICIAN WHO PERFORMS THE ABORTION:
  (A) THERE EXISTS A CONDITION THAT SO COMPLICATES THE MEDICAL CONDITION
OF  THE  PREGNANT FEMALE AS TO NECESSITATE THE IMMEDIATE ABORTION OF HER
PREGNANCY IN ORDER TO AVERT HER DEATH, OR FOR WHICH A DELAY WOULD CREATE
A SERIOUS RISK OF A SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF  A  MAJOR
BODILY FUNCTION; OR
  (B)  THE  ADMINISTRATION OF AN ANESTHETIC OR ANALGESIC WOULD CAUSE THE
PREGNANT WOMAN'S DEATH OR WOULD CREATE A SERIOUS RISK OF  A  SUBSTANTIAL
AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION.

A. 424                              3

  2.  THE PHYSICIAN SHALL CERTIFY IN THE MEDICAL RECORDS OF THE PREGNANT
FEMALE THE SPECIFIC MEDICAL GROUNDS FOR  SUCH  PHYSICIAN'S  JUDGMENT  IN
APPLICATION OF THIS SECTION.
  S  2518-E. PENALTIES AND REMEDIES. 1. IT SHALL CONSTITUTE PROFESSIONAL
MISCONDUCT FOR ANY PHYSICIAN TO FAIL TO PROVIDE THE  INFORMATION  SPECI-
FIED  UNDER  SECTION TWO THOUSAND FIVE HUNDRED EIGHTEEN-B OF THIS TITLE,
OR TO FAIL TO REQUEST THE CONSENT SPECIFIED UNDER SECTION  TWO  THOUSAND
FIVE HUNDRED EIGHTEEN-C OF THIS TITLE.
  2.  IF  A  PHYSICIAN  FAILS  TO COMPLY WITH THIS SECTION, THE PREGNANT
FEMALE UPON WHOM THE ABORTION WAS PERFORMED MAY BRING AN ACTION  IN  HER
OWN  NAME  AGAINST THE PHYSICIAN TO RECOVER ACTUAL AND PUNITIVE DAMAGES.
THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO  A  PREVAILING  PLAIN-
TIFF.
  3. ANY PERSON WHO KNOWINGLY MAKES A FALSE ENTRY IN A MEDICAL RECORD AS
REQUIRED  BY  THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR. THE
FEMALE UPON WHOM AN ABORTION HAS BEEN PERFORMED SHALL NOT BE LIABLE  FOR
ANY OFFENSE UNDER THIS TITLE.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.

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Assembly Bill A424

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Archive: Last Bill Status - Stricken

Actions

2009-A424 (ACTIVE) - Details

2009-A424 (ACTIVE) - Summary

2009-A424 (ACTIVE) - Sponsor Memo

2009-A424 (ACTIVE) - Bill Text download pdf

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SEMINERIO

Archive: Last Bill Status - Stricken

Actions

2009-A424 (ACTIVE) - Details

2009-A424 (ACTIVE) - Summary

2009-A424 (ACTIVE) - Sponsor Memo

2009-A424 (ACTIVE) - Bill Text download pdf

Comments