Assembly Bill A1756

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1756
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A. ROSENTHAL, PAULIN, SEAWRIGHT, JACKSON -- read
   once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   pregnant persons' bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Title 6 of article 2 of the public health law, as added  by
 chapter  342  of  the  laws  of 2014, is amended by adding a new section
 266-a to read as follows:
   § 266-A. PREGNANT PERSONS' BILL OF RIGHTS. 1. ANY  HEALTHCARE  PROFES-
 SIONAL  WHO COULD REASONABLY FORESEE HAVING PREGNANT PERSONS AS PATIENTS
 SHALL CONSPICUOUSLY POST A PREGNANT PERSONS' BILL OF RIGHTS TO BE ISSUED
 BY THE DEPARTMENT. THE BILL OF RIGHTS SHALL BE WRITTEN IN PLAIN ENGLISH,
 AND SHALL BE MADE AVAILABLE IN OTHER LANGUAGES, INCLUDING BUT NOT LIMIT-
 ED TO SPANISH, FRENCH, CHINESE AND RUSSIAN. THE PREGNANT  PERSONS'  BILL
 OF RIGHTS SHALL INCLUDE, BUT NOT LIMITED TO THE:
   (A)  RIGHT  OF  DECISIONALLY CAPABLE PREGNANT PERSONS TO REFUSE TREAT-
 MENT, EVEN IF THE REFUSAL COULD RESULT IN THE LOSS OF LIFE;
   (B) REQUIREMENT OF DOCTORS TO RECEIVE INFORMED CONSENT FROM A PREGNANT
 PERSON BEFORE PERFORMING ANY MEDICAL PROCEDURE;
   (C) REQUIREMENT THAT COERCION MAY NOT BE USED TO RECEIVE THAT CONSENT,
 NOR MAY APPEALS TO CONSCIENCE OR MORALITY;
   (D) REQUIREMENT THAT CARE SHOULD BE PROVIDED IN A CULTURALLY SENSITIVE
 ENVIRONMENT;
   (E) REQUIREMENT THAT COUNSELING AND THERAPY SHOULD BE  MADE  AVAILABLE
 TO  ANYONE  WHO  EXPERIENCES  AN ADVERSE OUTCOME AS A RESULT OF REFUSING
 TREATMENT, BUT SUCH COUNSELING AND THERAPY SHOULD NOT  BE  REQUIRED  AND
 PREGNANT PERSONS HAVE THE RIGHT TO REFUSE THE THERAPY;
   (F)  REQUIREMENT  THAT PREGNANT PERSONS HAVE THE RIGHT TO CHOOSE WHICH
 MEDICAL PROCEDURES SUCH PREGNANT  PERSON  AGREES  TO,  WITHOUT  PRESSURE
 THROUGHOUT PREGNANCY AND DELIVERY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04851-01-5
              

 A. 1756                             2
 
   (G) RIGHT TO REQUEST ROOM, DOCTOR OR NURSE CHANGE AT ANY POINT;
   (H) RIGHT TO KNOW DOCTOR'S METHODS;
   (I)  RIGHT  TO  CHANGE SUCH PREGNANT PERSON'S MIND WITH RESPECT TO ANY
 TREATMENT DECISION AT ANY POINT;
   (J) RIGHT OF PREGNANT PERSONS TO BE IN ANY POSITION THEY WANT SO  LONG
 AS IT IS MEDICALLY INDICATED AS SAFE;
   (K)  RIGHT  OF  PREGNANT PERSONS TO KNOW THE RISKS ASSOCIATED WITH ANY
 AND ALL TESTS OR PROCEDURES;
   (L) RIGHT OF PREGNANT  PERSONS  TO  RECEIVE  OR  REFUSE  ANY  TYPE  OF
 EMOTIONAL, SOCIAL, PSYCHOLOGICAL OR PHYSICAL SUPPORT PEOPLE HAVE BEFORE,
 DURING AND AFTER LABOR;
   (M) RIGHT OF PREGNANT PERSONS TO CHOOSE BIRTH SETTING;
   (N)  RIGHT  OF  PREGNANT  PERSONS TO REFUSE OR ACCEPT ANY ADMINISTERED
 DRUG/TREATMENT; AND
   (O) RIGHT OF PREGNANT PERSONS TO RECEIVE INFORMATION ABOUT ANY  POTEN-
 TIAL  DIRECT OR INDIRECT EFFECTS, RISKS, HAZARDS TO SUCH PREGNANT PERSON
 AND FETUS BECAUSE OF A DRUG OR PROCEDURE.
   2. BEFORE A HEALTHCARE PROFESSIONAL COMMENCES A  PHYSICAL  EXAMINATION
 OR  ANY  TREATMENT  OF  A  PREGNANT  PERSON, THE HEALTHCARE PROFESSIONAL
 CONDUCTING THE EXAM SHALL INFORM THE PERSON  OF  THE  PREGNANT  PERSONS'
 BILL  OF  RIGHTS BY PROVIDING A COPY OF SUCH BILL OF RIGHTS AND OFFERING
 TO EXPLAIN SUCH RIGHTS.
   3. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL  RESULT
 IN  A  PENALTY  OF FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION, AND FOR
 THE SECOND AND EACH SUBSEQUENT VIOLATION, THE PENALTY SHALL BE ONE THOU-
 SAND DOLLARS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.