Senate Bill S102

                                 BILL NUMBER:  S102

 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 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 :

S.508 of 2015-2016 (Hoylman): Died in Health
S.5175 of 2013-2014 (Hoylman): Died in Health

 FISCAL IMPLICATIONS :

Minimal

 EFFECTIVE DATE :
This act shall take effect immediately