Assembly Bill A5389

2019-2020 Legislative Session

Establishes the requirement of testing for a fetal heartbeat prior to the performance of an abortion, establishing standards for informed consent

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A5389 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add Art 41 Title V-B §§4164-a - 4164-l, Pub Health L; amd §6530, Ed L; add §125.41, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8947
2015-2016: A3725
2017-2018: A5384

2019-A5389 (ACTIVE) - Summary

Establishes the requirement of testing for a fetal heartbeat prior to the performance of an abortion; establishes standards for informed consent; directs the department of public health to prepare and disseminate certain materials regarding abortion and providing for certain civil remedies; expands the definition of medical professional misconduct to include certain acts of abortion and authorizes certain sanctions for violations

2019-A5389 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5389
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DiPIETRO,  FRIEND,  HAWLEY  -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   requirement  of testing for a fetal heartbeat prior to the performance
   of an abortion, establishing standards for informed consent, directing
   the department of public health to  prepare  and  disseminate  certain
   materials regarding abortion and providing for certain civil remedies;
   to amend the education law, in relation to expanding the definition of
   medical  professional  misconduct  to include certain acts of abortion
   and authorizing certain sanctions for violations; to amend  the  penal
   law, in relation to criminalizing the performance of an abortion under
   certain circumstances; to establish the joint legislative committee on
   adoption promotion and support; to provide for certain remedies in the
   event  that  the  supreme  court of the United States overrules ROE V.
   WADE; and to authorize the commissioner of the department of health to
   promulgate certain rules and regulations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  legislature  declares  that  it  finds, according to
 contemporary medical research, all of the following:
   1. As many as thirty percent of natural pregnancies end in spontaneous
 miscarriage.
   2. Less than five percent of all natural pregnancies end in  spontane-
 ous miscarriage after detection of fetal cardiac activity.
   3.  Over  ninety  percent  of  in  vitro pregnancies survive the first
 trimester if cardiac activity is detected in the gestational sac.
   4. Nearly ninety percent of in vitro pregnancies do  not  survive  the
 first trimester where cardiac activity is not detected in the gestation-
 al sac.
   5. Fetal heartbeat, therefore, has become a key medical predictor that
 an unborn human individual will reach live birth.

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

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