senate Bill S5175

2013-2014 Legislative Session

Requires pregnancy service centers to disclose certain information to clients

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
May 13, 2013 referred to health

S5175 - Bill Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add ยง2503-a, Pub Health L

S5175 - Bill Texts

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Requires pregnancy service centers to disclose certain information to clients.

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BILL NUMBER:S5175

TITLE OF BILL: An act to amend the public health law, in relation to
requiring pregnancy service centers to disclose certain information to
clients

PURPOSE: Requires pregnancy service centers to disclose certain
information to clients

SUMMARY OF PROVISIONS:

Section One of the bill adds a new section to the Public Health Law,
2503-a to state that a pregnancy service center shall disclose to a
client the following information:

* That the Department of Health encourage women who are or who may be
pregnant to consult with a licensed medical provider;

* If it does or does not have a licensed medical provider or staff who
provides or directly supervises the provision of all services at such
pregnancy service centers;

* If it does or does not provide referrals for abortion;

* If it does or does not provide or provide referrals for emergency
contraception; and

* If it does or does not provide referrals for prenatal care;

The disclosures required by this section must be provided in writing,
in English and Spanish in a size and style determined by the
Commissioner of Health on at least one sign conspicuously posted in
the entrance of the pregnancy service center, at least one additional
sign posted in any area where clients wait to receive services and in
any advertisement promoting. the services of in clear and prominent
letter type in a size and style determined by the Commissioner of
Health.

The disclosure must also be provided orally, whether in person or
telephone communication, upon a client or prospective client request
for any of the following services; (1) abortion, (2) emergency
contraception and/or 3) prenatal care.

EXISTING LAW: New law

JUSTIFICATION: So-called "crisis pregnancy centers," or CPCs, have
been found to engage in deceptive practices, which include misleading
consumers about the types of goods and services they provide and the
availability of licensed medical providers that provide or oversee
services on-site. These deceptive practices can impede and/or delay
consumers' access to reproductive health care and counseling from a
licensed medical provider. Furthermore, delayed access to abortion and
emergency contraception increases health risks and financial burdens
and may eliminate a woman's ability to obtain these services
altogether.


According to a report by NARAL Pro-Choice New York Foundation entitled
"She Said Abortion Could Cause Breast Cancer," "crisis pregnancy
centers are typically non-profit organizations posing as
pseudo-medical facilities operated by anti-choice activists that aim
to coerce women considering abortion into carrying their pregnancies
to term."

This legislation requires all pregnancy service centers to provide
clear disclosure of crucial information that health care consumers,
including pregnant women for whom quality health care services is
especially important, need to make informed decisions.

In 2002, former New York State Attorney General Eliot Spitzer launched
an investigation into CPCs throughout New York State. A resulting
settlement agreement required one CPC, Birthright of Victor New York,
Inc., to disclose certain information, including that the company is
not a licensed medical provider, so that health care consumers may
make informed decisions about whether to solicit the business.
Unfortunately, other CPCs continue to operate without any disclosure
requirements, leaving New Yorkers susceptible to this dangerous
deception.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately

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

                                  5175

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 requiring pregnan-
  cy service centers to disclose certain information to clients

  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
2503-a to read as follows:
  S  2503-A.  PREGNANCY  SERVICE  CENTER  DISCLOSURES.  1.  A  PREGNANCY
SERVICES CENTER SHALL DISCLOSE TO A CLIENT THE FOLLOWING INFORMATION:
  (A) THAT THE DEPARTMENT AND THE DEPARTMENT OF MENTAL HYGIENE ENCOURAGE
WOMEN  WHO ARE OR WHO MAY BE PREGNANT TO CONSULT WITH A LICENSED MEDICAL
PROVIDER;
  (B) IF IT DOES OR DOES NOT HAVE A LICENSED MEDICAL PROVIDER  ON  STAFF
WHO PROVIDES OR DIRECTLY SUPERVISES THE PROVISION OF ALL OF THE SERVICES
AT SUCH PREGNANCY SERVICES CENTER;
  (C) IF IT DOES OR DOES NOT PROVIDE OR PROVIDE REFERRALS FOR ABORTION;
  (D)  IF IT DOES OR DOES NOT PROVIDE OR PROVIDE REFERRALS FOR EMERGENCY
CONTRACEPTION; AND
  (E) IF IT DOES OR DOES NOT PROVIDE OR PROVIDE REFERRALS  FOR  PRENATAL
CARE.
  2. THE DISCLOSURES REQUIRED BY THIS SECTION MUST BE PROVIDED:
  (A)  IN  WRITING, IN ENGLISH AND SPANISH IN A SIZE AND STYLE AS DETER-
MINED IN ACCORDANCE WITH RULES PROMULGATED BY THE COMMISSIONER  ON:  (I)
AT  LEAST ONE SIGN CONSPICUOUSLY POSTED IN THE ENTRANCE OF THE PREGNANCY
SERVICES CENTER; (II) AT LEAST ONE ADDITIONAL SIGN POSTED  IN  ANY  AREA
WHERE  CLIENTS  WAIT TO RECEIVE SERVICES; AND (III) IN ANY ADVERTISEMENT
PROMOTING THE SERVICES OF SUCH PREGNANCY SERVICES CENTER  IN  CLEAR  AND
PROMINENT  LETTER  TYPE  AND  IN  A  SIZE  AND STYLE TO BE DETERMINED IN
ACCORDANCE WITH RULES PROMULGATED BY THE COMMISSIONER; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10932-01-3

S. 5175                             2

  (B) ORALLY, WHETHER BY IN PERSON OR TELEPHONE  COMMUNICATION,  UPON  A
CLIENT  OR PROSPECTIVE CLIENT REQUEST FOR ANY OF THE FOLLOWING SERVICES:
(I) ABORTION; (II) EMERGENCY CONTRACEPTION; OR (III) PRENATAL CARE.
  S 2. This act shall take effect immediately.

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