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
                                ___________
 
 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.