S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8077
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the state finance law, in relation to enacting the "life
   appropriation act"; to amend the public health law, in relation to the
   regulation  of  abortions and prohibiting dismemberment abortions; and
   to repeal certain provisions of the public health law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as the "life
 appropriation act".
   § 2. The Legislature finds that:
   1. The state of New York facilitates the disbursement  of  both  state
 and  federal  funds  to  qualifying  entities for purposes of conducting
 certain activities.
   2. Public dollars awarded to qualifying  entities  may  facilitate  or
 subsidize  directly  or  indirectly  expenses or activities not directly
 related to those for which the funds were  intended,  including  without
 limitation  shared  administrative  costs,  overhead, employee salaries,
 rent, utilities and various other expenses.
   3. It is possible that public dollars made available by or through the
 state of New York may be awarded to an entity that performs  convenience
 abortions or subsidizes or otherwise facilitates the entity's ability to
 perform  convenience  abortions  although  the  funds were not disbursed
 specifically for the purpose of performing convenience abortions.
   4. As elected representatives of the people of New York,  the  members
 of  the  legislature  are  entrusted  with  ensuring that all activities
 conducted with the aid of public funds are in accordance with the wishes
 of the people of New York and the intent of the laws of this state.
   5. It is within the purview of the legislature to  establish  criteria
 as  the  basis  on which public funds are disbursed unless prohibited by
 the United States Constitution.

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

                                                            LBD09942-02-9

 A. 8077                             2
 
   6. The United States is a constitutional republic that  the  state  of
 New York is part of.
   7.  The  United  States  Constitution preempts state action, when they
 conflict under the doctrine of preemption.
   8. The Establishment Clause of  the  First  Amendment  of  the  United
 States  Constitution  states,  "Congress shall make no law respecting an
 establishment of religion".
   9. The Establishment Clause of  the  First  Amendment  of  the  United
 States  Constitution  applies to the state of New York through the Four-
 teenth Amendment of the United States Constitution.
   10. As elected representatives, the members of the legislature have  a
 duty under Article IV of the United States Constitution to not appropri-
 ate  funds  in  a  manner  that violates the Establishment Clause of the
 United States Constitution.
   11. The United States Supreme Court has recognized that Secular Human-
 ism is a religion for purposes of the Establishment Clause in Torcaso v.
 Watkins, 367 U.S. 488 (1961),  Edwards  v.    Aguillard,  482  U.S.  578
 (1987), and elsewhere.
   12. The naked assertions that "abortion is not murder," "that abortion
 is not immoral" and that "life does not begin at conception" are unprov-
 en faith-based assumptions that are implicitly religious and are unprov-
 en  truth  claims that are inseparably linked to the religion of Secular
 Humanism.
   13. Whereas, many taxpayers, who are non-observers to the religion  of
 Secular  Humanism,  object  to  their  tax dollars being spent to enable
 convenience abortions because such appropriations coercively cause  them
 to  violate  their conscience by forcing them to indirectly endorse non-
 secular acts that they consider to be immoral and offensive.
   14. Whereas, some taxpayers in New York consider convenience abortions
 to be modern day child sacrifice conducted on the altar of  convenience,
 which is a practice that is non-secular and controversial.
   15.  Whereas, the Establishment Clause prohibits the state of New York
 from enforcing, respecting, recognizing, favoring or endorsing  policies
 that fund abortion facilities with tax dollars because the practices are
 non-secular  and  such  appropriations  have  the  effect of excessively
 entangling the government with the religion of Secular Humanism, putting
 religion over non-religion.
   16. The direct or indirect subsidization or facilitation  of  abortion
 with  funds  distributed by the state of New York constitutes paying for
 an abortion and, therefore, conflicts with the  First  Amendment  Estab-
 lishment Clause of the United States Constitution.
   17.  The  state of New York may not favor or endorse one religion over
 another, nor may the state of New York favor or endorse the religion  of
 Secular Humanism generally over non-religion.
   18. It is the policy of the state of New York to:
   a.  favor  childbirth and family planning services that do not include
 convenience abortions or the promotion of convenience  abortions  within
 the continuum of care or services; and
   b.  avoid  the  direct  or  indirect  use of state funds to promote or
 support convenience abortions.
   19. The state of New York has a compelling interest to uphold communi-
 ty standards of decency.
   20. Abortion facilities that provide  convenience  abortions  tend  to
 erode community standards of decency.
   §  3.  The  state finance law is amended by adding a new article 17 to
 read as follows:

 A. 8077                             3
 
                                ARTICLE 17
                          LIFE APPROPRIATION ACT
 SECTION 250. DEFINITIONS.
         251. PROHIBITION  ON  APPROPRIATIONS  FOR THE DIRECT OR INDIRECT
                COSTS OF ABORTION.
         252. HOSPITAL AND MEDICAID FUNDING.
         253. EFFECT OF ARTICLE.
   § 250. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "CONVENIENCE  ABORTION" IS AN ELECTIVE ABORTION THAT MEANS THE ACT
 OF USING OR PRESCRIBING AN INSTRUMENT, MEDICINE, DRUG, DEVICE OR ANOTHER
 SUBSTANCE OR MEANS WITH THE INTENT TO TERMINATE THE CLINICALLY DIAGNOSA-
 BLE PREGNANCY OF A WOMAN WITH KNOWLEDGE THAT THE  TERMINATION  BY  THOSE
 MEANS  WILL  WITH  REASONABLE  LIKELIHOOD  CAUSE THE DEATH OF THE UNBORN
 CHILD. AN ACT IS NOT A CONVENIENCE ABORTION IF THE ACT IS PERFORMED WITH
 THE INTENT TO:
   A. SAVE THE LIFE OF THE MOTHER,
   B. SAVE THE LIFE OR PRESERVE THE HEALTH OF THE UNBORN CHILD,
   C. REMOVE A DEAD UNBORN CHILD CAUSED BY SPONTANEOUS ABORTION,
   D. REMOVE AN ECTOPIC PREGNANCY, OR
   E. ABORT AND REMOVE AN UNBORN CHILD THAT IS  THE  RESULT  OF  RAPE  OR
 INCEST.
   2.  "ABORTION REFERRAL" MEANS THE ACT OF RECOMMENDING A PREGNANT WOMAN
 TO A DOCTOR, CLINIC OR OTHER PERSON OR ENTITY FOR THE PURPOSE OF OBTAIN-
 ING OR LEARNING ABOUT OBTAINING A CONVENIENCE ABORTION.
   3. "AFFILIATE" MEANS AN INDIVIDUAL OR ENTITY THAT, DIRECTLY  OR  INDI-
 RECTLY,  OWNS, CONTROLS, IS CONTROLLED BY OR IS UNDER THE COMMON CONTROL
 OF ANOTHER PERSON OR ENTITY, IN WHOLE  OR  IN  PART,  OR  A  SUBSIDIARY,
 PARENT OR SIBLING ENTITY.
   4.  "PREGNANCY"  MEANS  THE FEMALE REPRODUCTIVE CONDITION OF HAVING AN
 UNBORN CHILD IN THE WOMAN'S UTERUS.
   5. "UNBORN CHILD" MEANS THE OFFSPRING OF HUMAN BEINGS FROM  FERTILIZA-
 TION UNTIL BIRTH.
   §  251. PROHIBITION ON APPROPRIATIONS FOR THE DIRECT OR INDIRECT COSTS
 OF ABORTION. 1. IN VIEW OF THE FIRST AMENDMENT ESTABLISHMENT  CLAUSE  OF
 THE  UNITED  STATES  CONSTITUTION,  AN  AGENCY OR INSTRUMENTALITY OF THE
 STATE SHALL NOT AWARD A GRANT TO PAY THE DIRECT  OR  INDIRECT  COSTS  OF
 PERFORMING,  INDUCING,  REFERRING  OR  COUNSELING IN FAVOR OF ABORTIONS,
 INCLUDING WITHOUT LIMITATION:
   A. ADMINISTRATIVE COSTS AND EXPENSES;
   B. OVERHEAD COSTS;
   C. EMPLOYEE SALARIES;
   D. RENT AND MORTGAGE PAYMENTS; AND
   E. TELEPHONE AND OTHER UTILITY PAYMENTS.
   2. IN VIEW OF THE FIRST AMENDMENT ESTABLISHMENT CLAUSE OF  THE  UNITED
 STATES CONSTITUTION, AN AGENCY OR INSTRUMENTALITY OF THE STATE SHALL NOT
 GRANT,  APPROPRIATE  OR  DISTRIBUTE  A  GRANT TO AN INDIVIDUAL OR ENTITY
 THAT:
   A. PERFORMS  CONVENIENCE  ABORTIONS,  INDUCES  CONVENIENCE  ABORTIONS,
 PROVIDES  CONVENIENCE ABORTION REFERRALS OR COUNSELS IN FAVOR OF CONVEN-
 IENCE ABORTIONS; OR
   B. IS AN AFFILIATE OF A PERSON  OR  ENTITY  THAT  PERFORMS  ABORTIONS,
 INDUCES  ABORTIONS,  PROVIDES ABORTION REFERRALS OR COUNSELS IN FAVOR OF
 CONVENIENCE ABORTIONS.
   § 252. HOSPITAL AND MEDICAID FUNDING. 1. THIS ARTICLE DOES NOT  AFFECT
 THE FUNDING OF A HOSPITAL, MEDICAL SCHOOL OR UNIVERSITY.

 A. 8077                             4
 
   2.  THE RESTRICTIONS UNDER THIS ARTICLE DO NOT APPLY TO FUNDING AVAIL-
 ABLE THROUGH THE STATE'S PLAN FOR  MEDICAL  ASSISTANCE  AS  REQUIRED  BY
 TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT.
   §  253.  EFFECT  OF ARTICLE. 1. THIS ARTICLE DOES NOT CREATE OR RECOG-
 NIZE:
   A. A RIGHT TO AN ABORTION; OR
   B. A RIGHT TO PUBLIC FUNDS, A CONTRACT OR A GRANT.
   2. THIS ARTICLE RECOGNIZES:
   A. THE MEMBERS OF THE LEGISLATURE HAVE  A  DUTY  TO  COMPLY  WITH  THE
 ESTABLISHMENT CLAUSE OF THE FIRST AMENDMENT OF THE UNITED STATES CONSTI-
 TUTION PURSUANT TO ARTICLE VI;
   B.  THAT CONVENIENCE ABORTIONS ARE, BY THEIR NATURE, NON-SECULAR PRAC-
 TICES THAT ARE IMPLICITLY RELIGIOUS AND INSEPARABLY LINKED TO THE  RELI-
 GION OF SECULAR HUMANISM;
   C.  THAT THE STATE OF NEW YORK IS PROHIBITED UNDER THE FIRST AMENDMENT
 ESTABLISHMENT CLAUSE FROM FUNDING  OR  PROMOTING  CONVENIENCE  ABORTIONS
 DIRECTLY   OR  INDIRECTLY  BECAUSE  SUCH  APPROPRIATIONS  CONSTITUTE  AN
 ENDORSEMENT OF THE RELIGION OF SECULAR HUMANISM AND HAVE THE  EFFECT  OF
 EXCESSIVELY  ENTANGLING  THE  GOVERNMENT  WITH  THE  RELIGION OF SECULAR
 HUMANISM;
   D. THAT THE UNITED STATES SUPREME  COURT  AND  THIS  LEGISLATURE  HAVE
 RECOGNIZED  THAT  SECULAR HUMANISM IS A RELIGION FOR THE PURPOSES OF THE
 ESTABLISHMENT CLAUSE AND CONVENIENCE ABORTIONS ARE NON-SECULAR PRACTICES
 THAT ARE INSEPARABLY LINKED TO THE RELIGION OF SECULAR HUMANISM;
   E. THAT IT IS THE POLICY OF THE STATE OF NEW YORK TO FAVOR  CHILDBIRTH
 AND  FAMILY  PLANNING SERVICES THAT DO NOT INCLUDE CONVENIENCE ABORTIONS
 OR THE PROMOTION OF CONVENIENCE ABORTIONS WITHIN THE CONTINUUM  OF  CARE
 OR  SERVICES  AND  TO AVOID THE DIRECT OR INDIRECT USE OF STATE FUNDS TO
 PROMOTE OR SUPPORT CONVENIENCE ABORTIONS;
   F. THAT THE STATE OF NEW YORK HAS  A  COMPELLING  INTEREST  TO  UPHOLD
 COMMUNITY STANDARDS OF DECENCY; AND
   G.  THAT  FACILITIES  THAT PROVIDE CONVENIENCE ABORTIONS TEND TO ERODE
 COMMUNITY STANDARDS OF DECENCY BY ENCOURAGING PROMISCUITY AND  NORMALIZ-
 ING FALSE PERMISSION-GIVING BELIEFS ABOUT SEX.
   §  4. Title 5-A of article 41 of the public health law is REPEALED and
 a new title 5-A is added to read as follows:
                                  TITLE V-A
                          REGULATION OF ABORTIONS
 SECTION 4164. REGULATION OF ABORTIONS.
         4164-A. MEDICAL CONSULTATION AND JUDGMENT.
         4164-B. DISMEMBERMENT ABORTION BAN.
   § 4164. REGULATION OF ABORTIONS. 1.  EXCEPT IN THE CASE OF  A  MEDICAL
 EMERGENCY  WHICH,  IN  THE  REASONABLE MEDICAL JUDGMENT OF THE PHYSICIAN
 PERFORMING THE ABORTION, PREVENTS COMPLIANCE WITH A PARTICULAR  REQUIRE-
 MENT  OF  THIS SECTION, NO ABORTION SHALL BE PERFORMED UPON A WOMAN WHEN
 THE GESTATIONAL AGE OF THE UNBORN CHILD IS TWENTY OR MORE  WEEKS  UNLESS
 EACH OF THE FOLLOWING CONDITIONS IS MET:
   (A)  THE  PHYSICIAN PERFORMING THE ABORTION CERTIFIES IN WRITING THAT,
 BASED UPON HIS MEDICAL EXAMINATION OF THE PREGNANT WOMAN AND HIS MEDICAL
 JUDGMENT, THE ABORTION IS NECESSARY TO PREVENT EITHER THE DEATH  OF  THE
 PREGNANT WOMAN OR THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR
 BODILY FUNCTION OF THE WOMAN.
   (B)  SUCH  PHYSICIAN'S  JUDGMENT WITH RESPECT TO THE NECESSITY FOR THE
 ABORTION HAS BEEN CONCURRED IN  BY  ONE  OTHER  LICENSED  PHYSICIAN  WHO
 CERTIFIES  IN  WRITING  THAT,  BASED  UPON  HIS OR HER SEPARATE PERSONAL
 MEDICAL EXAMINATION OF THE PREGNANT WOMAN AND HIS OR HER  MEDICAL  JUDG-

 A. 8077                             5
 
 MENT, THE ABORTION IS NECESSARY TO PREVENT EITHER THE DEATH OF THE PREG-
 NANT  WOMAN  OR  THE  SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR
 BODILY FUNCTION OF THE WOMAN.
   (C) THE ABORTION IS PERFORMED IN A HOSPITAL.
   (D)  THE PHYSICIAN TERMINATES THE PREGNANCY IN A MANNER WHICH PROVIDES
 THE BEST OPPORTUNITY FOR THE UNBORN CHILD TO SURVIVE, UNLESS THE  PHYSI-
 CIAN  DETERMINES, IN HIS OR HER GOOD FAITH MEDICAL JUDGMENT, THAT TERMI-
 NATION OF THE PREGNANCY IN THAT MANNER  POSES  A  SIGNIFICANTLY  GREATER
 RISK  EITHER  OF  THE DEATH OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND
 IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION  OF  THE  WOMAN  THAN
 WOULD OTHER AVAILABLE METHODS.
   (E) THE PHYSICIAN PERFORMING THE ABORTION ARRANGES FOR THE ATTENDANCE,
 IN  THE  SAME ROOM IN WHICH THE ABORTION IS TO BE COMPLETED, OF A SECOND
 PHYSICIAN WHO SHALL TAKE CONTROL OF THE CHILD IMMEDIATELY AFTER COMPLETE
 EXTRACTION FROM THE MOTHER AND SHALL PROVIDE IMMEDIATE MEDICAL CARE  FOR
 THE CHILD, TAKING ALL REASONABLE STEPS NECESSARY TO PRESERVE THE CHILD'S
 LIFE AND HEALTH.
   2.  IT  SHALL  NOT  BE  A VIOLATION OF THIS SECTION IF THE ABORTION IS
 PERFORMED BY A PHYSICIAN AND THAT PHYSICIAN REASONABLY  BELIEVES,  AFTER
 MAKING  A  DETERMINATION OF THE GESTATIONAL AGE OF THE UNBORN CHILD THAT
 THE UNBORN CHILD IS LESS THAN TWENTY WEEKS GESTATIONAL AGE.
   § 4164-A. MEDICAL CONSULTATION AND JUDGMENT. EXCEPT IN A MEDICAL EMER-
 GENCY WHERE THERE IS INSUFFICIENT TIME BEFORE THE ABORTION IS PERFORMED,
 THE WOMAN UPON WHOM THE  ABORTION  IS  TO  BE  PERFORMED  SHALL  HAVE  A
 PRIVATE, IN-PERSON MEDICAL CONSULTATION EITHER WITH THE PHYSICIAN WHO IS
 TO  PERFORM  THE ABORTION OR WITH THE REFERRING PHYSICIAN. THE CONSULTA-
 TION WILL BE IN A PLACE, AT A TIME AND OF A DURATION  REASONABLY  SUFFI-
 CIENT  TO ENABLE THE PHYSICIAN TO DETERMINE WHETHER, BASED ON HIS OR HER
 BEST CLINICAL JUDGMENT, THE ABORTION IS NECESSARY.
   § 4164-B. DISMEMBERMENT ABORTION  BAN.    1.  AN  INDIVIDUAL  MAY  NOT
 PERFORM  OR  ATTEMPT  TO  PERFORM  A DISMEMBERMENT ABORTION UPON ANOTHER
 INDIVIDUAL WHEN THE GESTATIONAL AGE OF THE UNBORN  CHILD  IS  TWENTY  OR
 MORE WEEKS UNLESS ALL OF THE FOLLOWING APPLY:
   (A)  THE INDIVIDUAL PERFORMING OR ATTEMPTING TO PERFORM THE DISMEMBER-
 MENT ABORTION IS A PHYSICIAN AND CERTIFIES IN WRITING THAT,  BASED  UPON
 THE PHYSICIAN'S MEDICAL EXAMINATION OF THE PREGNANT WOMAN AND THE PHYSI-
 CIAN'S MEDICAL JUDGMENT, THE ABORTION IS NECESSARY TO PREVENT EITHER THE
 DEATH  OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND IRREVERSIBLE IMPAIR-
 MENT OF A MAJOR BODILY FUNCTION OF THE WOMAN.
   (B) SUCH PHYSICIAN'S JUDGMENT WITH RESPECT TO THE  NECESSITY  FOR  THE
 ABORTION  HAS  BEEN  CONCURRED  IN  BY  ONE OTHER LICENSED PHYSICIAN WHO
 CERTIFIES IN WRITING THAT, BASED  UPON  HIS  OR  HER  SEPARATE  PERSONAL
 MEDICAL  EXAMINATION  OF THE PREGNANT WOMAN AND HIS OR HER MEDICAL JUDG-
 MENT, THE ABORTION IS NECESSARY TO PREVENT EITHER THE DEATH OF THE PREG-
 NANT WOMAN OR THE SUBSTANTIAL AND IRREVERSIBLE  IMPAIRMENT  OF  A  MAJOR
 BODILY FUNCTION OF THE WOMAN.
   (C) THE ABORTION IS PERFORMED IN A HOSPITAL.
   (D)  THE PHYSICIAN TERMINATES THE PREGNANCY IN A MANNER WHICH PROVIDES
 THE BEST OPPORTUNITY FOR THE UNBORN CHILD TO SURVIVE, UNLESS THE  PHYSI-
 CIAN  DETERMINES, IN HIS OR HER GOOD FAITH MEDICAL JUDGMENT, THAT TERMI-
 NATION OF THE PREGNANCY IN THAT MANNER  POSES  A  SIGNIFICANTLY  GREATER
 RISK  EITHER  OF  THE DEATH OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND
 IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION  OF  THE  WOMAN  THAN
 WOULD OTHER AVAILABLE METHODS.
   (E) THE PHYSICIAN PERFORMING THE ABORTION ARRANGES FOR THE ATTENDANCE,
 IN  THE  SAME ROOM IN WHICH THE ABORTION IS TO BE COMPLETED, OF A SECOND

 A. 8077                             6

 PHYSICIAN WHO SHALL TAKE CONTROL OF THE CHILD IMMEDIATELY AFTER COMPLETE
 EXTRACTION FROM THE MOTHER AND SHALL PROVIDE IMMEDIATE MEDICAL CARE  FOR
 THE CHILD, TAKING ALL REASONABLE STEPS NECESSARY TO PRESERVE THE CHILD'S
 LIFE AND HEALTH.
   2.  PROHIBITION BEFORE TWENTY WEEKS OF GESTATIONAL AGE.  AN INDIVIDUAL
 MAY NOT PERFORM OR ATTEMPT TO  PERFORM  A  DISMEMBERMENT  ABORTION  UPON
 ANOTHER  INDIVIDUAL WHEN THE GESTATIONAL AGE OF THE UNBORN CHILD IS LESS
 THAN TWENTY WEEKS UNLESS BOTH OF THE FOLLOWING APPLY:
   (A) THE INDIVIDUAL PERFORMING OR ATTEMPTING TO PERFORM THE  DISMEMBER-
 MENT  ABORTION  IS A PHYSICIAN AND CERTIFIES IN WRITING THAT, BASED UPON
 THE PHYSICIAN'S MEDICAL EXAMINATION OF THE PREGNANT WOMAN AND THE PHYSI-
 CIAN'S MEDICAL JUDGMENT, THE ABORTION IS NECESSARY TO PREVENT EITHER THE
 DEATH OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND IRREVERSIBLE  IMPAIR-
 MENT OF A MAJOR BODILY FUNCTION OF THE WOMAN.
   (B)  THE  PHYSICIAN'S  JUDGMENT  WITH RESPECT TO THE NECESSITY FOR THE
 ABORTION HAS BEEN CONCURRED IN  BY  ONE  OTHER  LICENSED  PHYSICIAN  WHO
 CERTIFIES  IN  WRITING  THAT,  BASED  UPON  HIS OR HER SEPARATE PERSONAL
 MEDICAL EXAMINATION OF THE PREGNANT WOMAN AND HIS OR HER  MEDICAL  JUDG-
 MENT, THE ABORTION IS NECESSARY TO PREVENT EITHER THE DEATH OF THE PREG-
 NANT  WOMAN  OR  THE  SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR
 BODILY FUNCTION OF THE WOMAN.
   3. DEFINITION.  DISMEMBERMENT ABORTION SHALL MEAN THE ACT OF KNOWINGLY
 AND PURPOSEFULLY CAUSING THE DEATH  OF  AN  UNBORN  CHILD  BY  MEANS  OF
 DISMEMBERING  THE UNBORN CHILD AND EXTRACTING THE UNBORN CHILD ONE PIECE
 AT A TIME FROM THE UTERUS THROUGH THE USE OF CLAMPS,  GRASPING  FORCEPS,
 TONGS,  SCISSORS  OR  SIMILAR  INSTRUMENTS. THE TERM DOES NOT INCLUDE AN
 ABORTION WHICH IS EXCLUSIVELY PERFORMED THROUGH SUCTION CURETTAGE.
   4. LIABILITY. THE  FOLLOWING  INDIVIDUALS  SHALL  NOT  BE  LIABLE  FOR
 PERFORMING OR ATTEMPTING TO PERFORM A DISMEMBERMENT ABORTION:
   (A)  THE  FEMALE  PATIENT  UPON  WHOM  THE  DISMEMBERMENT  ABORTION IS
 PERFORMED OR ATTEMPTED TO BE PERFORMED.
   (B) A NURSE, TECHNICIAN, SECRETARY OR RECEPTIONIST WHO IS NOT A PHYSI-
 CIAN BUT IS ACTING AT THE DIRECTION OF A PHYSICIAN.
   (C) A PHARMACIST OR OTHER  INDIVIDUAL  WHO  FILLS  A  PRESCRIPTION  OR
 PROVIDES  INSTRUMENTS  OR  MATERIALS USED IN A DISMEMBERMENT ABORTION AT
 THE DIRECTION OF OR TO A PHYSICIAN.
   5. PENALTY. ANY INDIVIDUAL WHO VIOLATES THIS SECTION IS  GUILTY  OF  A
 CLASS D FELONY.
   §  5.  The public health law is amended by adding a new section 4160-b
 to read as follows:
   § 4160-B. ABORTION REPORTING. FOR THE PURPOSE OF PROMOTION OF MATERNAL
 HEALTH AND LIFE BY ADDING TO THE SUM OF MEDICAL AND PUBLIC HEALTH  KNOW-
 LEDGE  THROUGH  THE  COMPILATION  OF  RELEVANT  DATA, AND TO PROMOTE THE
 STATE'S INTEREST IN PROTECTION OF THE UNBORN CHILD,  A  REPORT  OF  EACH
 ABORTION  PERFORMED  SHALL BE MADE TO THE DEPARTMENT ON FORMS PRESCRIBED
 BY IT. THE REPORT FORMS SHALL NOT IDENTIFY  THE  INDIVIDUAL  PATIENT  BY
 NAME AND SHALL INCLUDE THE FOLLOWING INFORMATION:
   1.  IDENTIFICATION  OF  THE  PHYSICIAN WHO PERFORMED THE ABORTION, THE
 CONCURRING PHYSICIAN,  THE  SECOND  PHYSICIAN  AS  REQUIRED  BY  SECTION
 FORTY-ONE  HUNDRED SIXTY-FOUR OF THIS ARTICLE AND THE FACILITY WHERE THE
 ABORTION WAS  PERFORMED  AND  OF  THE  REFERRING  PHYSICIAN,  AGENCY  OR
 SERVICE, IF ANY;
   2. THE COUNTY AND STATE IN WHICH THE WOMAN RESIDES;
   3. THE WOMAN'S AGE;
   4. THE NUMBER OF PRIOR PREGNANCIES AND PRIOR ABORTIONS OF THE WOMAN;

 A. 8077                             7
 
   5.  THE  GESTATIONAL  AGE  OF  THE  UNBORN  CHILD  AT  THE TIME OF THE
 ABORTION;
   6.  THE  TYPE OF PROCEDURE PERFORMED OR PRESCRIBED AND THE DATE OF THE
 ABORTION;
   7. PRE-EXISTING MEDICAL CONDITIONS OF THE WOMAN WHICH WOULD COMPLICATE
 PREGNANCY, IF  ANY,  AND,  IF  KNOWN,  ANY  MEDICAL  COMPLICATION  WHICH
 RESULTED FROM THE ABORTION ITSELF;
   8.  THE  BASIS FOR THE MEDICAL JUDGMENT OF THE PHYSICIAN WHO PERFORMED
 THE ABORTION THAT THE ABORTION WAS NECESSARY TO PREVENT EITHER THE DEATH
 OF THE PREGNANT WOMAN OR THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT  OF
 A MAJOR BODILY FUNCTION OF THE WOMAN;
   9. THE WEIGHT OF THE ABORTED CHILD; AND
   10.  THE  BASIS  FOR  ANY  MEDICAL  JUDGMENT  THAT A MEDICAL EMERGENCY
 EXISTED WHICH EXCUSED THE PHYSICIAN FROM COMPLIANCE WITH  ANY  PROVISION
 OF THIS SECTION.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.