NY State Senate Bill S8336

Archive: Last Bill Status - In Senate Committee Health 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
May 02, 2018	referred to health

S8336 (ACTIVE) - Details

See Assembly Version of this Bill:: A5911
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2509, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3638
2011-2012: A3328
2013-2014: A3748
2015-2016: A4055
2019-2020: S2264, A2352
2021-2022: A9122

S8336 (ACTIVE) - Summary

Requires disclosure by crisis pregnancy centers to clients that such center will not provide abortion or birth control services or make a referral for such services, and that such center is not a licensed medical provider; such notice shall be conducted upon first communication or first contact with the client and shall be either in a written statement or oral communication by staff assisting the client.

S8336 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8336

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the public health law, in relation to
requiring disclosure by crisis pregnancy centers

 
PURPOSE OR GENERAL IDEA OF BILL:

To require crisis pregnancy centers to disclose accurate and straight-
forward information regarding their medical licensure, as well as
offered and encouraged services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Crisis pregnancy centers will be obligated to disclose the
degree of willingness to provide services or referral to services for
pregnancy termination or contraceptive services.

Section 2. Defines "crisis pregnancy centers".

Section 3. Requires that required disclosure shall be conducted upon

first communication or first contact with the client.

Section 4. Provides for reportage of violation to the Department of
Health and for an investigation to commence within 30 days of receiving
such a complaint.

Section 5. The violation of these provisions should result in a civil
fine of less than one hundred dollars initially and less than two
hundred thereafter.

 
JUSTIFICATION:

The deception and misinformation that is has been previously offered by
these clinics is not only unjust but potentially dangerous to a woman's
health. The proposed legislation would improve a woman's ability to
receive accurate and unbiased reproductive health services by obligating
crisis pregnancy centers to disclose certain information about their
medical certification, the type of tests used, as well as the clinic's
position on abortion and contraception in regards to the clinics will-
ingness to refer or perform these medical undertakings. When woman are
seeking family planning and health care services, it is imperative that
they are easily able to distinguish medical from non medical services
and receive accurate information as well as information on family plan-
ning without hassle or propaganda.

 
PRIOR LEGISLATIVE HISTORY:

2007-08: A6591 Referred to Health.
2009-10: Referred to Health.
2011-12 A.3328 Referred to Health.
2013-14: Referred to Health.
2015-16: A.4055 Referred to Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S8336 (ACTIVE) - Bill Text download pdf


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

                                  8336

                            I N  S E N A T E

                               May 2, 2018
                               ___________

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  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
2509 to read as follows:
  §  2509.  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.
  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.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09778-03-8

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The New York State Senate

senate Bill S8336

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Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

S8336 (ACTIVE) - Details

S8336 (ACTIVE) - Summary

S8336 (ACTIVE) - Sponsor Memo

S8336 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8336

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

S8336 (ACTIVE) - Details

S8336 (ACTIVE) - Summary

S8336 (ACTIVE) - Sponsor Memo

S8336 (ACTIVE) - Bill Text download pdf

Comments