The New York State Senate

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

                                  3328

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. GLICK, BING, MILLMAN, JAFFEE, DINOWITZ, PEOPLES-
  STOKES, TITUS -- Multi-Sponsored by -- M. of A. GALEF,  JACOBS,  LANC-
  MAN,  MAISEL,  PERRY,  PHEFFER, ROSENTHAL -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law, in relation to requiring  disclo-
  sure by crisis pregnancy centers

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

  Section 1. The public health law is amended by adding  a  new  section
2507 to read as follows:
  S  2507.  CRISIS PREGNANCY CENTER; DISCLOSURE. 1. ANY CRISIS PREGNANCY
CENTER SHALL BE REQUIRED TO DISCLOSE TO A  CLIENT  THAT  WHEN  INQUIRING
ABOUT PREGNANCY TERMINATION, ABORTION OR BIRTH CONTROL, SUCH CENTER WILL
NOT PROVIDE SUCH SERVICES OR MAKE A REFERRAL FOR SUCH SERVICES.
  2.  FOR  PURPOSES  OF  THIS SECTION "CRISIS PREGNANCY CENTER" MEANS AN
ORGANIZATION WHOSE PRIMARY PURPOSE IS TO PROVIDE  PREGNANCY  COUNSELING,
ASSISTANCE  AND/OR  INFORMATION, WHETHER FOR A FEE OR AS A FREE SERVICE,
BUT DOES NOT PERFORM ABORTIONS OR REFER FOR ABORTIONS. "CRISIS PREGNANCY
CENTER" DOES NOT INCLUDE  LICENSED  HEALTH  CARE  PROVIDERS,  HOSPITALS,
FAMILY  PLANNING  CLINICS  THAT  PROVIDE  OR  REFER  FOR ABORTION AND/OR
CONTRACEPTION, OR FAMILY PLANNING CLINICS THAT RECEIVE FEDERAL  TITLE  X
FUNDS.
  3. THE DISCLOSURE REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL BE
CONDUCTED  UPON  FIRST COMMUNICATION OR FIRST CONTACT WITH THE CLIENT OR
POTENTIAL CLIENT AND SHALL BE EITHER IN  A  WRITTEN  STATEMENT  OR  ORAL
COMMUNICATION  BY  STAFF ASSISTING THE POTENTIAL CLIENT. SUCH DISCLOSURE
SHALL FURTHER BE REASONABLY UNDERSTANDABLE TO THE CLIENT.
  4. ANY PERSON WHO BELIEVES  THAT  A  VIOLATION  OF  THIS  SECTION  HAS
OCCURRED MAY FILE A COMPLAINT WITH THE DEPARTMENT. WITHIN THIRTY DAYS OF
RECEIVING  SUCH COMPLAINT, THE DEPARTMENT MUST INVESTIGATE THE COMPLAINT
AND DETERMINE WHETHER A VIOLATION HAS OCCURRED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05954-01-1

A. 3328                             2

  5. ANY CRISIS  PREGNANCY  CENTER  VIOLATING  THE  PROVISIONS  OF  THIS
SECTION  SHALL  BE  SUBJECT TO A CIVIL FINE OF NOT MORE THAN ONE HUNDRED
DOLLARS ON THE FIRST VIOLATION AND  NOT  MORE  THAN  TWO  HUNDRED  FIFTY
DOLLARS ON THE SECOND AND ALL SUBSEQUENT VIOLATIONS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.