|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to health|
|Mar 14, 2011||referred to health|
senate Bill S4028
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4028 - Details
S4028 - Summary
Requires parental notice prior to the performance of an abortion upon an unemancipated minor; defines unemancipated minor as person less than eighteen years of age; allows for waiver of such notice in limited instances; establishes circumstances and procedures for proceedings to obtain an order waiving such parental notification.
S4028 - Sponsor Memo
BILL NUMBER:S4028 TITLE OF BILL: An act to amend the public health law and the family court act, in relation to notice of abortions performed on unemancipated minors PURPOSE OR GENERAL IDEA OF BILL: This legislation provides that at least one parent or legal guardian of unemancipated minors (under age 18), receive written notification from a physician of his/her agent within 48 hours prior to the physician's performance of an abortion on that unemancipated minor. Notification is not necessary and is deemed waived under the following conditions: (a) When the attending physician certifies that a medical emergency exists, based on the physician's good faith clinical judgment that an abortion is necessary to prevent the death of substantial and irreversible impairment of bodily function of the minor. (b) The person(s) entitled to notification certifies that they have been notified. (c) The minor objects to notification and obtains an order from the Family Court dispensing with such notice. The court's decision would be based on a finding that (1) the minor is sufficiently informed about her decision and therefore mature enough to make the decision
S4028 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4028 2011-2012 Regular Sessions I N S E N A T E March 14, 2011 ___________ Introduced by Sens. ZELDIN, FARLEY, GOLDEN, LARKIN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the family court act, in relation to notice of abortions performed on unemancipated minors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative purpose and findings. It is the intent of this legislature in enacting this parental notice provision to further the important and compelling state interests of protecting minors against their own immaturity, fostering the family structure and preserving it as a viable social unit, protecting the rights of parents to rear chil- dren who are members of their household, and protecting the health of minor children. The legislature finds that immature minors often lack the ability to make fully-informed choices that take account of both immediate and long-range consequences and that the medical, emotional and psycholog- ical consequences of abortion are serious and can be lasting, partic- ularly when the patient is immature. The legislature further finds that the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related. The legislature finds that parents ordinarily possess information essential to a physician's exercise of his best medical judgment concerning the child and, further, that parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after her abortion. The legislature concludes then, that parental consultation is usually desirable and in the best interest of the minor. S 2. The public health law is amended by adding a new section 2507 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03802-01-1
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