Assembly Bill A5161

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5161
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by M. of A. DeSTEFANO, E. BROWN -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health law, in relation to providing pregnant
   persons with alternative birth choices to preserve the life of a fetus
   when electing 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 PREGNANT
 PERSON 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.
                                                            LBD08204-01-5
              

 A. 5161                             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  SUCH  PATIENT'S 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 SUCH
 PATIENT'S PRESENCE 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.