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

                                  5468

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 8, 2009
                               ___________

Introduced by Sen. AUBERTINE -- 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:

  Section 1. Title III of  article  25  of  the  public  health  law  is
REPEALED and a new title III is added to read as follows:
                                 TITLE III
                        WOMAN'S RIGHT TO KNOW ACT
SECTION 2560. SHORT TITLE.
        2560-A. LEGISLATIVE FINDINGS AND PURPOSES.
        2560-B. DEFINITIONS.
        2560-C. INFORMED CONSENT REQUIREMENT.
        2560-D. PUBLICATION OF MATERIALS.
        2560-E. VIDEOTAPE.
        2560-F. EMERGENCY.
        2560-G. CRIMINAL PENALTIES.
        2560-H. CIVIL PENALTIES.
        2560-I. LIMITATION ON CIVIL LIABILITY.
        2560-J. SEVERABILITY.
        2560-K. CONSTRUCTION.
  S 2560. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"WOMAN'S RIGHT TO KNOW ACT".
  S  2560-A. LEGISLATIVE FINDINGS AND PURPOSES. 1. THE LEGISLATURE FINDS
THAT:
  (A) IT IS ESSENTIAL TO THE PSYCHOLOGICAL AND PHYSICAL WELL-BEING OF  A
WOMAN  CONSIDERING  AN  ABORTION  THAT SHE RECEIVE COMPLETE AND ACCURATE
INFORMATION ON HER ALTERNATIVES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05803-01-9
              

S. 5468                             2

  (B) THE KNOWLEDGEABLE EXERCISE  OF  A  WOMAN'S  DECISION  TO  HAVE  AN
ABORTION  DEPENDS  ON  THE EXTENT TO WHICH THE WOMAN RECEIVES SUFFICIENT
INFORMATION TO MAKE AN INFORMED CHOICE BETWEEN TWO ALTERNATIVES:  GIVING
BIRTH OR HAVING AN ABORTION.
  (C)  OVER  EIGHTY  PERCENT  OF  ALL ABORTIONS ARE PERFORMED IN CLINICS
DEVOTED SOLELY TO PROVIDING ABORTIONS AND FAMILY PLANNING SERVICES. MOST
WOMEN WHO SEEK ABORTIONS AT THESE FACILITIES DO NOT HAVE  ANY  RELATION-
SHIP  WITH  THE PHYSICIAN WHO PERFORMS THE ABORTION, BEFORE OR AFTER THE
PROCEDURE. THEY DO NOT RETURN TO THE FACILITY FOR POST-SURGICAL CARE. IN
MOST INSTANCES, THE WOMAN'S  ONLY  ACTUAL  CONTACT  WITH  THE  PHYSICIAN
OCCURS  SIMULTANEOUSLY WITH THE ABORTION PROCEDURE, WITH LITTLE OPPORTU-
NITY TO RECEIVE COUNSELING CONCERNING HER DECISION.
  (D) THE DECISION TO ABORT IS AN IMPORTANT AND OFTEN A  STRESSFUL  ONE,
AND  IT  IS DESIRABLE AND IMPERATIVE THAT IT BE MADE WITH FULL KNOWLEDGE
OF ITS NATURE AND CONSEQUENCES.
  (E) THE  MEDICAL,  EMOTIONAL  AND  PSYCHOLOGICAL  CONSEQUENCES  OF  AN
ABORTION ARE SERIOUS AND CAN BE LASTING.
  (F)  ABORTION FACILITIES OR PROVIDERS OFFER ONLY LIMITED AND/OR IMPER-
SONAL COUNSELING OPPORTUNITIES.
  (G) MANY ABORTION FACILITIES OR PROVIDERS HIRE UNTRAINED AND UNPROFES-
SIONAL "COUNSELORS" WHOSE PRIMARY GOAL IS TO SELL ABORTION SERVICES.
  2. BASED ON THE FINDINGS IN SUBDIVISION ONE OF THIS SECTION, IT IS THE
PURPOSE OF THIS TITLE TO:
  (A) ENSURE THAT EVERY WOMAN CONSIDERING AN ABORTION  RECEIVE  COMPLETE
INFORMATION  ON  HER  ALTERNATIVES AND THAT EVERY WOMAN SUBMITTING TO AN
ABORTION DO SO ONLY AFTER GIVING HER VOLUNTARY AND INFORMED  CONSENT  TO
THE ABORTION PROCEDURE.
  (B) PROTECT UNBORN CHILDREN FROM A WOMAN'S UNINFORMED DECISION TO HAVE
AN ABORTION.
  (C)  REDUCE  THE  RISK  THAT  A  WOMAN  MAY ELECT AN ABORTION, ONLY TO
DISCOVER LATER, WITH DEVASTATING PSYCHOLOGICAL  CONSEQUENCES,  THAT  HER
DECISION WAS NOT FULLY INFORMED.
  S 2560-B. DEFINITIONS. AS USED IN THIS TITLE:
  1.  "ABORTION"  MEANS THE USE OR PRESCRIPTION OF ANY INSTRUMENT, MEDI-
CINE, DRUG OR ANY OTHER SUBSTANCE OR DEVICE WITH THE INTENT TO TERMINATE
THE PREGNANCY OF A WOMAN KNOWN BY THE PERSON SO USING OR PRESCRIBING  TO
BE  PREGNANT.  SUCH  USE OR PRESCRIPTION IS NOT AN ABORTION IF DONE WITH
THE INTENT TO (A) SAVE THE LIFE OR PRESERVE  THE  HEALTH  OF  AN  UNBORN
CHILD,  (B)  REMOVE  A DEAD UNBORN CHILD, OR (C) DELIVER AN UNBORN CHILD
PREMATURELY IN ORDER TO PRESERVE THE HEALTH OF BOTH THE  PREGNANT  WOMAN
AND HER UNBORN CHILD.
  2.  "CONCEPTION" MEANS THE FUSION OF A HUMAN SPERMATOZOON WITH A HUMAN
OVUM.
  3. "GESTATIONAL AGE" MEANS THE TIME THAT HAS ELAPSED SINCE  THE  FIRST
DAY OF THE WOMAN'S LAST MENSTRUAL PERIOD.
  4. "MEDICAL EMERGENCY" MEANS THAT CONDITION WHICH, ON THE BASIS OF THE
PHYSICIAN'S  GOOD  FAITH  CLINICAL  JUDGMENT, SO COMPLICATES THE MEDICAL
CONDITION OF A PREGNANT WOMAN AS TO NECESSITATE THE  IMMEDIATE  ABORTION
OF  HER  PREGNANCY  TO  AVERT HER DEATH OR FOR WHICH A DELAY WILL CREATE
SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODI-
LY FUNCTION.
  5. "PHYSICIAN" MEANS ANY PERSON LICENSED TO PRACTICE MEDICINE IN  THIS
STATE.
  6.  "PREGNANT" OR "PREGNANCY" MEANS THAT FEMALE REPRODUCTIVE CONDITION
OF HAVING AN UNBORN CHILD IN THE WOMAN'S BODY.

S. 5468                             3

  7. "QUALIFIED PERSON" MEANS  AN  AGENT  OF  THE  PHYSICIAN  WHO  IS  A
PSYCHOLOGIST,  LICENSED  SOCIAL WORKER, LICENSED PROFESSIONAL COUNSELOR,
REGISTERED PROFESSIONAL NURSE OR PHYSICIAN.
  8.  "UNBORN CHILD" MEANS THE OFFSPRING OF HUMAN BEINGS FROM CONCEPTION
UNTIL BIRTH.
  9. "VIABILITY"  AND "VIABLE" MEANS THAT  STAGE  OF  FETAL  DEVELOPMENT
WHEN  THE LIFE OF THE UNBORN CHILD MAY BE CONTINUED INDEFINITELY OUTSIDE
THE WOMB BY NATURAL OR ARTIFICIAL LIFE-SUPPORTIVE SYSTEMS.
  10. "WOMAN" MEANS ANY FEMALE PERSON.
  S 2560-C. INFORMED CONSENT REQUIREMENT. NO ABORTION SHALL BE PERFORMED
OR INDUCED WITHOUT THE VOLUNTARY AND INFORMED CONSENT OF THE WOMAN  UPON
WHOM  THE ABORTION IS TO BE PERFORMED OR INDUCED.  EXCEPT IN THE CASE OF
A MEDICAL EMERGENCY, CONSENT TO AN ABORTION IS VOLUNTARY AND INFORMED IF
AND ONLY IF:
  1. AT LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION, THE  PHYSICIAN  WHO
IS  TO  PERFORM THE ABORTION OR THE REFERRING PHYSICIAN HAS INFORMED THE
WOMAN, ORALLY AND IN PERSON, OF:
  (A) THE NAME OF THE PHYSICIAN WHO WILL PERFORM THE ABORTION;
  (B) THE NATURE OF THE PROPOSED ABORTION METHOD AND OF THOSE RISKS  AND
ALTERNATIVES  TO  THE  METHOD  THAT  A REASONABLE PATIENT WOULD CONSIDER
MATERIAL TO THE DECISION OF WHETHER OR NOT TO UNDERGO THE ABORTION;
  (C) THE PROBABLE GESTATIONAL AGE OF THE UNBORN CHILD AT THE  TIME  THE
ABORTION  IS  TO  BE PERFORMED. AND IF THE UNBORN CHILD IS VIABLE OR HAS
REACHED THE GESTATIONAL AGE OF TWENTY-TWO WEEKS,  THAT  (I)  THE  UNBORN
CHILD  MAY  BE  ABLE TO SURVIVE OUTSIDE THE WOMB; (II) THE WOMAN HAS THE
RIGHT TO REQUEST THE PHYSICIAN TO USE THE FORM OF TREATMENT THAT IS MOST
LIKELY TO PRESERVE THE LIFE OF THE UNBORN CHILD; AND (III) IF THE UNBORN
CHILD IS BORN ALIVE, THE ATTENDING PHYSICIAN HAS THE LEGAL OBLIGATION TO
TAKE ALL REASONABLE STEPS NECESSARY TO MAINTAIN THE LIFE AND  HEALTH  OF
THE CHILD;
  (D)  THE  PROBABLE ANATOMICAL AND PHYSIOLOGICAL CHARACTERISTICS OF THE
UNBORN CHILD AT THE TIME THE ABORTION IS TO BE PERFORMED;
  (E) THE MEDICAL RISKS ASSOCIATED WITH CARRYING HER CHILD TO TERM;
  (F) THE MEDICAL AND  PSYCHOLOGICAL  RISKS  ASSOCIATED  WITH  ABORTION,
INCLUDING,  BUT  NOT  LIMITED  TO,  THE  MEDICAL  EVIDENCE REGARDING THE
INCREASED RISK OF BREAST CANCER ASSOCIATED WITH THE  PROPOSED  ABORTION;
AND
  (G)  ANY  NEED FOR ANTI-RH IMMUNE GLOBULIN THERAPY, IF SHE IS RH NEGA-
TIVE, THE LIKELY CONSEQUENCES OF REFUSING SUCH THERAPY AND THE  COST  OF
THE THERAPY.
  2.  AT  LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION, THE PHYSICIAN WHO
IS TO PERFORM THE ABORTION,  THE  REFERRING  PHYSICIAN  OR  A  QUALIFIED
PERSON HAS INFORMED THE WOMAN, ORALLY AND IN PERSON, THAT:
  (A)  THE  PRINTED  MATERIALS IN SECTION TWENTY-FIVE HUNDRED SIXTY-D OF
THIS TITLE DESCRIBE THE UNBORN  CHILD  AND  LIST  AGENCIES  WHICH  OFFER
ALTERNATIVES TO ABORTION;
  (B)  THE  FATHER  OF  THE UNBORN   CHILD IS OBLIGATED TO ASSIST IN THE
SUPPORT OF HER CHILD, EVEN IN INSTANCES WHERE HE HAS OFFERED TO PAY  FOR
THE ABORTION. IN THE CASE OF RAPE, THIS INFORMATION MAY BE OMITTED;
  (C)  SHE  HAS THE RIGHT TO VIEW THE VIDEOTAPE DESCRIBED IN SUBDIVISION
TWO OF SECTION TWENTY-FIVE HUNDRED SIXTY-E OF THIS TITLE  FOLLOWING  THE
DISCLOSURE OF THE INFORMATION REQUIRED BY THIS TITLE. EACH PHYSICIAN WHO
PERFORMS  OR  REFERS  FOR  ABORTION SHALL OBTAIN A COPY OF THE VIDEOTAPE
DESCRIBED IN SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED  SIXTY-E  OF
THIS TITLE AND SHALL MAKE IT AVAILABLE AT ALL FACILITIES WHERE ABORTIONS

S. 5468                             4

ARE PERFORMED AND AT OFFICES OF PHYSICIANS WHO REFER FOR ABORTION DURING
ALL TIMES WHEN THESE FACILITIES OR OFFICES ARE OPEN FOR BUSINESS;
  (D) THE STATE ENCOURAGES HER TO VIEW AN ULTRASOUND IMAGE OF HER UNBORN
CHILD  BEFORE SHE DECIDES TO HAVE AN ABORTION. IF SHE CHOOSES TO VIEW AN
ULTRASOUND IMAGE OF HER UNBORN CHILD, THE PHYSICIAN WHO  IS  TO  PERFORM
THE  ABORTION OR THE REFERRING PHYSICIAN SHALL ISSUE A MEDICAL ORDER FOR
THE ULTRASOUND SERVICE AT ANY MEDICAL FACILITY THAT PROVIDES  ULTRASOUND
IMAGING  SERVICES.  IF  THE WOMAN DOES NOT HAVE PRIVATE HEALTH INSURANCE
COVERAGE FOR THE ULTRASOUND SERVICE, SHE SHALL BE PRESUMPTIVELY ELIGIBLE
FOR MEDICAL ASSISTANCE COVERAGE FOR THE ULTRASOUND SERVICE; AND
  (E) SHE IS FREE TO WITHHOLD OR WITHDRAW HER CONSENT TO THE ABORTION AT
ANY TIME BEFORE OR DURING THE ABORTION WITHOUT AFFECTING  HER  RIGHT  TO
FUTURE  CARE OR TREATMENT, AND WITHOUT THE LOSS OF ANY STATE OR FEDERAL-
LY-FUNDED BENEFITS TO WHICH SHE MIGHT OTHERWISE BE ENTITLED.
  3. THE INFORMATION IN SUBDIVISIONS ONE AND  TWO  OF  THIS  SECTION  IS
PROVIDED  TO THE WOMAN INDIVIDUALLY AND IN A PRIVATE ROOM TO PROTECT HER
PRIVACY AND MAINTAIN THE CONFIDENTIALITY OF HER DECISION, TO ENSURE THAT
THE INFORMATION FOCUSES ON HER INDIVIDUAL CIRCUMSTANCES AND THAT SHE HAS
AN ADEQUATE OPPORTUNITY TO ASK A QUESTION.
  4. AT LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION, THE WOMAN IS  GIVEN
A COPY OF THE PRINTED MATERIALS DESCRIBED IN SECTION TWENTY-FIVE HUNDRED
SIXTY-D  OF  THIS  TITLE.  IF THE WOMAN IS UNABLE TO READ THE MATERIALS,
THEY SHALL BE READ TO HER. IF THE WOMAN ASKS QUESTIONS CONCERNING ANY OF
THE INFORMATION OR MATERIALS, ANSWERS SHALL BE PROVIDED TO  HER  IN  HER
OWN LANGUAGE.
  5.  THE  WOMAN  CERTIFIES  IN WRITING, PRIOR TO THE ABORTION, THAT THE
INFORMATION REQUIRED TO BE PROVIDED UNDER SUBDIVISIONS ONE, TWO AND FOUR
OF THIS SECTION HAS BEEN PROVIDED.
  6. PRIOR TO THE PERFORMANCE OF THE ABORTION, THE PHYSICIAN WHO  IS  TO
PERFORM  THE ABORTION OR HIS OR HER AGENT RECEIVES A COPY OF THE WRITTEN
CERTIFICATION PRESCRIBED BY SUBDIVISION FIVE OF THIS SECTION.
  7. THE WOMAN IS NOT REQUIRED TO PAY ANY AMOUNT FOR THE ABORTION PROCE-
DURE UNTIL THE TWENTY-FOUR HOUR WAITING PERIOD HAS EXPIRED.
  S 2560-D. PUBLICATION OF MATERIALS. 1. THE DEPARTMENT SHALL  CAUSE  TO
BE  PUBLISHED  IN  ENGLISH  AND  SPANISH,  AND SHALL UPDATE ON AN ANNUAL
BASIS, THE FOLLOWING EASILY COMPREHENSIBLE PRINTED MATERIALS:
  (A) GEOGRAPHICALLY INDEXED MATERIALS DESIGNED TO INFORM THE  WOMAN  OF
PUBLIC  AND  PRIVATE  AGENCIES  AND SERVICES AVAILABLE TO ASSIST A WOMAN
THROUGH PREGNANCY, UPON CHILDBIRTH AND WHILE  HER  CHILD  IS  DEPENDENT,
INCLUDING  BUT  NOT  LIMITED  TO, ADOPTION AGENCIES. THE MATERIALS SHALL
INCLUDE A COMPREHENSIVE LIST OF  THE  AGENCIES,  A  DESCRIPTION  OF  THE
SERVICES  THEY  OFFER,  AND  THE  TELEPHONE NUMBERS AND ADDRESSES OF THE
AGENCIES; AND INFORM THE WOMAN ABOUT AVAILABLE MEDICAL ASSISTANCE  BENE-
FITS  FOR  PRENATAL  CARE,  CHILDBIRTH  AND NEONATAL CARE, AND ABOUT THE
SUPPORT OBLIGATIONS OF THE FATHER OF A CHILD  WHO  IS  BORN  ALIVE.  THE
DEPARTMENT SHALL ENSURE THAT THE MATERIALS DESCRIBED IN THIS SECTION ARE
COMPREHENSIVE  AND  DO  NOT  DIRECTLY  OR INDIRECTLY PROMOTE, EXCLUDE OR
DISCOURAGE THE USE OF ANY AGENCY OR SERVICE DESCRIBED IN  THIS  SECTION.
THE  MATERIALS  SHALL  ALSO  CONTAIN A TOLL-FREE, TWENTY-FOUR HOUR A DAY
TELEPHONE NUMBER WHICH MAY BE CALLED TO OBTAIN, ORALLY, SUCH A LIST  AND
DESCRIPTION  OF  AGENCIES  IN  THE  LOCALITY  OF  THE  CALLER AND OF THE
SERVICES THEY OFFER. THE MATERIALS SHALL STATE THAT IT IS  UNLAWFUL  FOR
ANY INDIVIDUAL TO COERCE A WOMAN TO UNDERGO AN ABORTION, THAT ANY PHYSI-
CIAN  WHO PERFORMS AN ABORTION UPON A WOMAN WITHOUT HER INFORMED CONSENT
MAY BE LIABLE TO HER FOR DAMAGES IN A CIVIL ACTION AT LAW AND  THAT  THE

S. 5468                             5

LAW  PERMITS  ADOPTIVE PARENTS TO PAY COSTS OF PRENATAL CARE, CHILDBIRTH
AND NEONATAL CARE. THE MATERIALS SHALL INCLUDE THE FOLLOWING STATEMENT:
  "THERE  ARE  MANY PUBLIC AND PRIVATE AGENCIES WILLING AND ABLE TO HELP
YOU TO CARRY YOUR CHILD TO TERM, AND TO ASSIST YOU AND YOUR CHILD  AFTER
YOUR  CHILD  IS  BORN, WHETHER YOU CHOOSE TO KEEP YOUR CHILD OR TO PLACE
HER OR HIM FOR ADOPTION. THE STATE OF NEW YORK  STRONGLY  URGES  YOU  TO
CONTACT  THEM  BEFORE  MAKING  A  FINAL DECISION ABOUT ABORTION. THE LAW
REQUIRES THAT YOUR PHYSICIAN OR HIS OR HER AGENT GIVE YOU  THE  OPPORTU-
NITY TO CALL AGENCIES LIKE THESE BEFORE YOU UNDERGO AN ABORTION."
  (B)  MATERIALS  THAT INFORM THE PREGNANT WOMAN OF THE PROBABLE ANATOM-
ICAL AND PHYSIOLOGICAL CHARACTERISTICS OF THE UNBORN CHILD  AT  TWO-WEEK
GESTATIONAL  INCREMENTS  FROM  FERTILIZATION  TO  FULL  TERM,  INCLUDING
PICTURES OR DRAWINGS REPRESENTING THE DEVELOPMENT OF UNBORN CHILDREN  AT
TWO-WEEK  GESTATIONAL  INCREMENTS,  AND  ANY RELEVANT INFORMATION ON THE
POSSIBILITY OF THE UNBORN  CHILD'S  SURVIVAL;  PROVIDED  THAT  ANY  SUCH
PICTURES  OR  DRAWINGS  SHALL CONTAIN THE DIMENSIONS OF THE UNBORN CHILD
AND MUST BE REALISTIC. THE MATERIALS SHALL BE  OBJECTIVE,  NONJUDGMENTAL
AND  DESIGNED  TO  CONVEY ONLY ACCURATE SCIENTIFIC INFORMATION ABOUT THE
UNBORN CHILD AT THE VARIOUS GESTATIONAL AGES. THE  MATERIAL  SHALL  ALSO
CONTAIN  OBJECTIVE INFORMATION DESCRIBING THE METHODS OF ABORTION PROCE-
DURES COMMONLY EMPLOYED, THE MEDICAL RISKS COMMONLY ASSOCIATED WITH EACH
SUCH PROCEDURE AND THE MEDICAL RISKS ASSOCIATED WITH CARRYING A CHILD TO
TERM.
  2. THE MATERIALS SHALL BE PRINTED IN A TYPEFACE  LARGE  ENOUGH  TO  BE
CLEARLY LEGIBLE.
  3.  THE  MATERIALS  REQUIRED  UNDER  THIS  SECTION  AND  THE VIDEOTAPE
DESCRIBED IN SECTION TWENTY-FIVE HUNDRED SIXTY-E OF THIS TITLE SHALL  BE
AVAILABLE AT NO COST FROM THE DEPARTMENT UPON REQUEST AND IN APPROPRIATE
NUMBER TO ANY PERSON, FACILITY OR HOSPITAL.
  S  2560-E.  VIDEOTAPE. 1. ALL FACILITIES WHERE ABORTIONS ARE PERFORMED
AND OFFICES OF PHYSICIANS WHO REFER FOR ABORTION SHALL HAVE VIDEO  VIEW-
ING EQUIPMENT.
  2.  THE  DEPARTMENT  SHALL  CAUSE TO BE DEVELOPED OR ACQUIRED, A VIDEO
WHICH DEPICTS LIVING UNBORN CHILDREN AT VARIOUS  GESTATIONAL  INCREMENTS
FROM  FERTILIZATION TO FULL TERM, AN EXPLANATION OF THE PROBABLE ANATOM-
ICAL AND PHYSIOLOGICAL CHARACTERISTICS OF UNBORN CHILDREN AT THESE VARI-
OUS STAGES, AND ANY OTHER RELEVANT INFORMATION  ON  THE  DEVELOPMENT  OF
UNBORN LIFE. THE VIDEO SHALL BE OBJECTIVE, NONJUDGMENTAL AND DESIGNED TO
CONVEY  ONLY  ACCURATE  SCIENTIFIC INFORMATION ABOUT THE UNBORN CHILD AT
THE VARIOUS GESTATIONAL AGES.  THE DEPARTMENT SHALL MAKE COPIES  OF  THE
VIDEO AVAILABLE FOR PURCHASE BY PHYSICIANS AND OTHER INTERESTED INDIVID-
UALS.
  S 2560-F. EMERGENCY. WHERE A MEDICAL EMERGENCY COMPELS THE PERFORMANCE
OF  AN  ABORTION,  THE  PHYSICIAN  SHALL  INFORM  THE  WOMAN, BEFORE THE
ABORTION IF POSSIBLE, OF THE MEDICAL INDICATIONS SUPPORTING HIS  OR  HER
JUDGMENT  THAT  AN  ABORTION IS NECESSARY TO AVERT HER DEATH OR TO AVERT
SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION.
  S 2560-G. CRIMINAL PENALTIES. ANY PERSON WHO INTENTIONALLY,  KNOWINGLY
OR RECKLESSLY VIOLATES THE PROVISIONS OF THIS TITLE SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
  S 2560-H. CIVIL PENALTIES. IN ADDITION TO ANY REMEDIES AVAILABLE UNDER
THE  COMMON  OR  STATUTORY LAW OF THIS STATE, FAILURE TO COMPLY WITH THE
REQUIREMENTS OF THIS TITLE SHALL:
  1. PROVIDE A BASIS FOR A CIVIL  MALPRACTICE  ACTION.  ANY  INTENTIONAL
VIOLATION  OF  THIS  TITLE  SHALL BE ADMISSIBLE IN A CIVIL SUIT AS PRIMA
FACIE EVIDENCE OF A FAILURE TO OBTAIN AN INFORMED CONSENT.

S. 5468                             6

  2. PROVIDE A BASIS FOR PROFESSIONAL DISCIPLINARY  ACTION  PURSUANT  TO
TITLE TWO-A OF ARTICLE TWO OF THIS CHAPTER.
  3.  PROVIDE  A  BASIS  FOR  RECOVERY  BY THE WOMAN IN A WRONGFUL DEATH
ACTION, WHETHER OR NOT THE UNBORN CHILD  WAS  VIABLE  AT  THE  TIME  THE
ABORTION WAS PERFORMED OR WAS BORN ALIVE.
  S  2560-I.  LIMITATION  ON CIVIL LIABILITY. ANY PHYSICIAN WHO COMPLIES
WITH THE PROVISIONS OF THIS TITLE SHALL NOT BE HELD  CIVILLY  LIABLE  TO
HIS  OR  HER  PATIENT  FOR  FAILURE  TO  OBTAIN  INFORMED CONSENT TO THE
ABORTION.
  S 2560-J. SEVERABILITY. THE PROVISIONS OF THIS TITLE ARE  DECLARED  TO
BE SEVERABLE, AND IF ANY PROVISION, WORD, PHRASE OR CLAUSE OF THIS TITLE
OR  THE  APPLICATION  THEREOF  TO ANY PERSON SHALL BE HELD INVALID, SUCH
INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE  REMAINING  PORTIONS  OF
THIS TITLE.
  S 2560-K. CONSTRUCTION. 1. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS
CREATING OR RECOGNIZING A RIGHT TO ABORTION.
  2.  IT  IS  NOT THE INTENTION OF THIS TITLE TO MAKE LAWFUL AN ABORTION
THAT IS CURRENTLY UNLAWFUL.
  S 2. 1. The department of  health  shall  cause  to  be  published  in
English  and  Spanish  within  102 days after the effective date of this
act, and shall update on an annual basis, the following  easily  compre-
hensible printed materials:
  (a)  Geographically  indexed materials designed to inform the woman of
public and private agencies and services available  to  assist  a  woman
through  pregnancy,  upon  childbirth  and while her child is dependent,
including but not limited to, adoption  agencies.  The  materials  shall
include  a  comprehensive  list  of  the  agencies, a description of the
services they offer, and the telephone  numbers  and  addresses  of  the
agencies;  and inform the woman about available medical assistance bene-
fits for prenatal care, childbirth, and  neonatal  care  and  about  the
support  obligations  of  the  father  of a child who is born alive. The
department of health shall ensure that the materials described  in  this
section  are  comprehensive  and  do not directly or indirectly promote,
exclude, or discourage the use of any agency  or  service  described  in
this  section. The materials shall also contain a toll-free twenty-four-
hour a day telephone number which may be called to obtain, orally,  such
a  list and description of agencies in the locality of the caller and of
the services they offer. The materials shall state that it  is  unlawful
for  any  individual  to coerce a woman to undergo an abortion, that any
physician who performs an abortion upon a  woman  without  her  informed
consent  may  be  liable to her for damages in a civil action at law and
that the law permits adoptive parents to pay  costs  of  prenatal  care,
childbirth  and neonatal care. The materials shall include the following
statement:
  "There are many public and private agencies willing and able  to  help
you  to carry your child to term, and to assist you and your child after
your child is born, whether you choose to keep your child  or  to  place
her  or  him  for  adoption. The state of New York strongly urges you to
contact them before making a final  decision  about  abortion.  The  law
requires  that  your physician or his or her agent give you the opportu-
nity to call agencies like these before you undergo an abortion."
  (b) Materials that inform the pregnant woman of the  probable  anatom-
ical  and  physiological characteristics of the unborn child at two-week
gestational  increments  from  fertilization  to  full  term,  including
pictures  or drawings representing the development of unborn children at
two-week gestational increments, and any  relevant  information  on  the

S. 5468                             7

possibility  of  the  unborn  child's  survival;  provided that any such
pictures or drawings must contain the dimensions of the unborn child and
must be realistic. The materials shall be objective,  nonjudgmental  and
designed to convey only accurate scientific information about the unborn
child  at  the various gestational ages. The material shall also contain
objective information describing  the  methods  of  abortion  procedures
commonly  employed, the medical risks commonly associated with each such
procedure, and the medical risks associated with  carrying  a  child  to
term.
  2.  The  materials  shall  be printed in a typeface large enough to be
clearly legible.
  3. The  materials  required  under  this  section  and  the  videotape
described  in  section  2560-e  of  the  public  health law, as added by
section one of this act, shall be available at no cost from the  depart-
ment  of  health  upon request and in appropriate numbers to any person,
facility or hospital.
  S 3. This act shall take effect immediately, provided that section one
of  this act shall take effect on the one hundred second day after  this
act  shall  have  become a law, where upon such date section two of this
act shall expire and be deemed repealed.