The New York State Senate

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

                                  5374

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2017
                               ___________

Introduced  by  M. of A. DiPIETRO, LALOR, FINCH -- Multi-Sponsored by --
  M. of A.  HAWLEY, McLAUGHLIN -- read once and referred to the  Commit-
  tee on Health

AN  ACT  to  amend  the  public health law, in relation to ensuring that
  women seeking an abortion receive an ultrasound and the opportunity to
  review the ultrasound before giving informed  consent  to  receive  an
  abortion

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York ultrasound informed consent act".
  §  2.  Article  25 of the public health law is amended by adding a new
title 1-C to read as follows:
                                TITLE I-C
                     ULTRASOUND INFORMED CONSENT ACT
SECTION 2516.   DEFINITIONS.
        2516-A. REQUIREMENT OF INFORMED CONSENT.
        2516-B. EXCEPTION FOR MEDICAL EMERGENCIES.
        2516-C. PENALTIES FOR FAILURE TO COMPLY.
  § 2516. DEFINITIONS. AS USED IN THIS TITLE:
  1. "ABORTION" MEANS THE INTENTIONAL USE OR PRESCRIPTION OF ANY INSTRU-
MENT, MEDICINE, DRUG, OR ANY OTHER SUBSTANCE  OR  DEVICE  OR  METHOD  TO
TERMINATE  THE LIFE OF AN UNBORN CHILD, OR TO TERMINATE THE PREGNANCY OF
A WOMAN KNOWN TO BE PREGNANT WITH AN INTENTION OTHER THAN:
  (A) TO PRODUCE A LIVE BIRTH AND PRESERVE THE LIFE AND  HEALTH  OF  THE
CHILD AFTER LIVE BIRTH; OR
  (B)  TO  REMOVE AN ECTOPIC PREGNANCY, OR TO REMOVE A DEAD UNBORN CHILD
WHO DIED AS THE RESULT OF A SPONTANEOUS ABORTION, ACCIDENTAL TRAUMA,  OR
A CRIMINAL ASSAULT ON THE PREGNANT FEMALE OR HER UNBORN CHILD.
  2.  "ABORTION  PROVIDER" MEANS ANY PERSON LEGALLY QUALIFIED TO PERFORM
AN ABORTION UNDER APPLICABLE FEDERAL AND STATE LAWS.

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

                                                           LBD05879-01-7

A. 5374                             2

  3. "UNBORN CHILD" MEANS A MEMBER OF THE SPECIES HOMO SAPIENS,  AT  ANY
STAGE OF DEVELOPMENT PRIOR TO BIRTH.
  4.  "UNEMANCIPATED MINOR" MEANS A MINOR WHO IS SUBJECT TO THE CONTROL,
AUTHORITY, AND SUPERVISION OF HIS OR HER PARENT OR GUARDIAN,  AS  DETER-
MINED UNDER STATE LAW.
  5.  "WOMAN"  MEANS A FEMALE HUMAN BEING WHETHER OR NOT SHE HAS REACHED
THE AGE OF MAJORITY.
  § 2516-A. REQUIREMENT OF INFORMED CONSENT. 1. ANY ABORTION PROVIDER IN
OR AFFECTING INTERSTATE OR FOREIGN COMMERCE, WHO KNOWINGLY PERFORMS  ANY
ABORTION, SHALL COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
  2.  PRIOR  TO A WOMAN GIVING INFORMED CONSENT TO HAVING ANY PART OF AN
ABORTION  PERFORMED,  THE  ABORTION  PROVIDER  WHO  IS  TO  PERFORM  THE
ABORTION, OR AN AGENT UNDER THE SUPERVISION OF THE PROVIDER, SHALL:
  (A) PERFORM AN OBSTETRIC ULTRASOUND ON THE PREGNANT WOMAN;
  (B)  PROVIDE  A  SIMULTANEOUS  EXPLANATION  OF  WHAT THE ULTRASOUND IS
DEPICTING;
  (C) DISPLAY THE ULTRASOUND IMAGES SO THAT THE PREGNANT WOMAN MAY  VIEW
THEM; AND
  (D)  PROVIDE  A COMPLETE MEDICAL DESCRIPTION OF THE ULTRASOUND IMAGES,
WHICH SHALL INCLUDE ALL OF THE FOLLOWING: THE DIMENSIONS OF  THE  EMBRYO
OR  FETUS,  CARDIAC ACTIVITY IF PRESENT AND VISIBLE, AND THE PRESENCE OF
EXTERNAL MEMBERS AND INTERNAL ORGANS IF PRESENT AND VIEWABLE.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  PREVENT  A  PREGNANT
WOMAN  FROM TURNING HER EYES AWAY FROM THE ULTRASOUND IMAGES REQUIRED TO
BE DISPLAYED AND DESCRIBED TO HER. NEITHER THE ABORTION PROVIDER NOR THE
PREGNANT WOMAN SHALL BE SUBJECT TO ANY PENALTY UNDER THIS TITLE  IF  THE
PREGNANT WOMAN DECLINES TO LOOK AT THE DISPLAYED ULTRASOUND IMAGES.
  §  2516-B.  EXCEPTION  FOR  MEDICAL  EMERGENCIES. 1. THE PROVISIONS OF
SECTION TWENTY-FIVE HUNDRED SIXTEEN-A OF THIS TITLE SHALL NOT  APPLY  TO
AN  ABORTION PROVIDER IF THE ABORTION IS NECESSARY TO SAVE THE LIFE OF A
MOTHER WHOSE  LIFE  IS  ENDANGERED  BY  A  PHYSICAL  DISORDER,  PHYSICAL
ILLNESS,  OR  PHYSICAL  INJURY,  INCLUDING  A  LIFE-ENDANGERING PHYSICAL
CONDITION CAUSED BY OR ARISING FROM THE PREGNANCY ITSELF.
  2. UPON A DETERMINATION BY AN ABORTION PROVIDER UNDER SUBDIVISION  ONE
OF  THIS  SECTION  THAT  AN  ABORTION IS NECESSARY TO SAVE THE LIFE OF A
MOTHER, SUCH PROVIDER SHALL INCLUDE IN THE MEDICAL FILE OF THE  PREGNANT
WOMAN  A  TRUTHFUL  AND  ACCURATE  CERTIFICATION OF THE SPECIFIC MEDICAL
CIRCUMSTANCES THAT SUPPORT SUCH DETERMINATION.
  § 2516-C. PENALTIES FOR FAILURE TO COMPLY. 1. THE ATTORNEY GENERAL MAY
COMMENCE A CIVIL ACTION IN STATE COURT UNDER THIS  SECTION  AGAINST  ANY
ABORTION  PROVIDER WHO KNOWINGLY COMMITS AN ACT CONSTITUTING A VIOLATION
OF THIS TITLE FOR A PENALTY IN AN AMOUNT NOT TO EXCEED:
  (A) ONE HUNDRED THOUSAND DOLLARS  FOR  EACH  VIOLATION  IN  THE  FIRST
PROCEEDING IN THE CASE OF THE FIRST SUCH VIOLATION; AND
  (B)  TWO  HUNDRED  FIFTY THOUSAND DOLLARS PER VIOLATION IN THE CASE OF
EACH SUBSEQUENT PROCEEDING.
  2. UPON THE ASSESSMENT OF A CIVIL PENALTY  UNDER  SUBDIVISION  ONE  OF
THIS  SECTION, THE ATTORNEY GENERAL SHALL NOTIFY THE APPROPRIATE MEDICAL
LICENSING AUTHORITY.
  3. A WOMAN UPON WHOM AN ABORTION HAS BEEN PERFORMED  IN  VIOLATION  OF
THIS TITLE MAY COMMENCE A CIVIL ACTION AGAINST THE ABORTION PROVIDER FOR
ANY  VIOLATION  OF  THIS  TITLE  FOR  ACTUAL  AND  PUNITIVE DAMAGES. FOR
PURPOSES OF THE PRECEDING SENTENCE, ACTUAL DAMAGES ARE OBJECTIVELY VERI-
FIABLE MONEY DAMAGES FOR ALL INJURIES.

A. 5374                             3

  § 3. Severability. If any provision of this act,  or  any  application
thereof,  is found to be unconstitutional, the remainder of this act and
any application thereof shall not be affected by such finding.
  § 4. This act shall take effect immediately.