S T A T E O F N E W Y O R K
________________________________________________________________________
3752
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
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Introduced by M. of A. DeSTEFANO -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to providing women
alternative birth choices to preserve the life of a fetus when elect-
ing to have an abortion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 2599-bb of the public health law
is renumbered subdivision 7 and five new subdivisions 2, 3, 4, 5 and 6
are added to read as follows:
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOW-
ING DEFINITIONS:
(A) "SEDATED BIRTH" SHALL MEAN A PROCEDURE TO TAKE PLACE PAST TWENTY-
FOUR WEEKS OF PREGNANCY AS AN ALTERNATIVE TO ABORTION WHERE A WOMAN
RECEIVES GENERAL ANESTHESIA AND MEDICAL INTERVENTIONS TO INDUCE LABOR
AND DELIVERY, WHILE MEDICAL INTERVENTIONS ARE NOT TAKEN TO STOP THE
HEARTBEAT OR OTHERWISE END THE LIFE OF THE FETUS. THE FETUS IS THEN BORN
ALIVE AND INTACT.
(B) "PERINATAL HOSPICE" SHALL MEAN SPECIALIZED PERINATAL CARE WHICH
CAN TAKE PLACE AT ANY POINT DURING A PREGNANCY AS AN ALTERNATIVE TO
SURGICAL ABORTION CENTERED ON ENSURING A PEACEFUL, NONVIOLENT AND
NATURAL END TO A BABY'S LIFE THAT INCLUDES EMOTIONAL SUPPORT PROVIDED TO
THE PARENTS, THE OPPORTUNITY FOR PARENTS TO PARTICIPATE IN THE HEALTH-
CARE DECISION MAKING PROCESS AND THE OPPORTUNITY FOR PARENTS TO CELE-
BRATE THEIR BABY'S LIFE, WHETHER SUCH BABY'S LIFE LASTS FOR AN AMOUNT OF
TIME AFTER BIRTH OR ENDS NATURALLY BEFORE BIRTH.
3. WHEN A HEALTH CARE PRACTITIONER IS CARING FOR A PATIENT WHO IS
CONSIDERING ABORTION AND SUCH ABORTION WOULD BE PERFORMED MORE THAN
TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF PREGNANCY BECAUSE SUCH
ABORTION IS NECESSARY TO PROTECT SUCH PATIENT'S LIFE OR HEALTH, SUCH
HEALTH CARE PRACTITIONER SHALL INFORM SUCH PATIENT BEFORE ANY PROCEDURE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08196-01-1
A. 3752 2
IS COMMENCED THAT SURGICAL ABORTION IS NOT A REVERSIBLE PROCEDURE, AND
THAT SUCH PATIENT SHALL HAVE THE OPTION TO CHOOSE SEDATED BIRTH AS AN
ALTERNATIVE TO ABORTION.
4. WHEN A HEALTH CARE PRACTITIONER IS CARING FOR A PATIENT WHO IS
CONSIDERING ABORTION, SUCH HEALTH CARE PRACTITIONER SHALL INFORM SUCH
PATIENT BEFORE ANY PROCEDURE IS COMMENCED THAT SURGICAL ABORTION IS NOT
A REVERSIBLE PROCEDURE, AND THAT SUCH PATIENT SHALL HAVE THE OPTION TO
CHOOSE PERINATAL HOSPICE, IF APPLICABLE, AS AN ALTERNATIVE TO ABORTION.
5. A HEALTH CARE PRACTITIONER SHALL INFORM PATIENTS CONSIDERING AN
ABORTION PROCEDURE ABOUT THE ALTERNATIVES TO ABORTIONS DESCRIBED IN THIS
SECTION BOTH VERBALLY AND IN WRITING. HEALTH CARE PRACTITIONERS SHALL
DOCUMENT IN A PATIENT'S PERMANENT MEDICAL RECORD THE TIME AND DATE THAT
INFORMATION PERTAINING TO SUCH ALTERNATIVES WAS PROVIDED TO THE PATIENT.
6. (A) IF A PATIENT SHOULD CHOOSE SEDATED BIRTH AS AN ALTERNATIVE TO
ABORTION PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE PATIENT
SHALL HAVE THE OPTION ONCE THE PROCEDURE IS COMPLETED TO HAVE THE BABY
REMOVED FROM HER PRESENCE WITH NO ADDITIONAL CONTACT POST-BIRTH, WHEREAS
CONSTITUTING AN ABANDONMENT OF THE CHILD PURSUANT TO SECTION THREE
HUNDRED SEVENTY-TWO-G OF THE SOCIAL SERVICES LAW, OR TO HAVE THE BABY
PUT UP FOR ADOPTION AND THE OPPORTUNITY TO WORK DIRECTLY WITH AN
ADOPTION AGENCY POST-BIRTH.
(B) IF A PATIENT SHOULD CHOOSE TO HAVE THE BABY REMOVED FROM HER PRES-
ENCE WITH NO CONTACT POST-BIRTH, SUCH BABY WOULD BE PLACED UNDER THE
CARE OF THE DEPARTMENT OF SOCIAL SERVICES PURSUANT TO SECTION THREE
HUNDRED SEVENTY-TWO-G OF THE SOCIAL SERVICES LAW.
§ 2. This act shall take effect immediately.