Senate Bill S8705

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8705
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 AN ACT to amend the public health law, in relation to prohibiting unreg-
   ulated pregnancy centers from requiring clients  to  disclose  certain
   information as a condition of service
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  article
 25-C to read as follows:
                               ARTICLE 25-C
                        RIGHT TO DIGNIFIED CARE ACT
 SECTION 2599-FF. LEGISLATIVE INTENT.
         2599-GG. DEFINITION.
         2599-HH. PROHIBITED INTAKE QUESTIONS.
         2599-II. ENFORCEMENT.
   §  2599-FF. LEGISLATIVE INTENT. THE LEGISLATURE FINDS THAT UNREGULATED
 PREGNANCY CENTERS ALSO KNOWN AS CRISIS PREGNANCY CENTERS, ARE FACILITIES
 THAT REPRESENT THEMSELVES AS OFFERING COMPREHENSIVE REPRODUCTIVE  HEALTH
 CARE  INFORMATION  AND SERVICES BUT ARE PRIMARILY INTENDED TO DISCOURAGE
 CLIENTS FROM  SEEKING  OR  ACCESSING  ABORTIONS.  UNREGULATED  PREGNANCY
 CENTERS  COMMONLY  ASK  CLIENTS  TO  FILL OUT INTAKE FORMS THAT RESEMBLE
 THOSE REQUIRED BY LICENSED HEALTH CARE  PROVIDERS,  INCLUDING  QUESTIONS
 ABOUT  PRESCRIPTION  HISTORY, SEXUAL HISTORY, AND OTHER PERSONAL MEDICAL
 AND LIFESTYLE INFORMATION. HOWEVER, CLIENTS MAY NOT UNDERSTAND THAT SUCH
 DETAILED AND PERSONAL INFORMATION IS NOT REQUIRED GIVEN THE  NON-MEDICAL
 NATURE  OF  SERVICES  PROVIDED  BY UNREGULATED PREGNANCY CENTERS, NOR IS
 SUCH INFORMATION PROTECTED BY RULES LIKE THE HEALTH INSURANCE  PORTABIL-
 ITY AND ACCOUNTABILITY ACT OR OTHER STATE AND FEDERAL LAWS APPLICABLE TO
 REGULATED  HEALTH  CARE PROVIDERS. IN PRACTICE, THE PERSONAL INFORMATION
 CLIENTS PROVIDE AT UNREGULATED PREGNANCY CENTERS IS  OFTEN  SHARED  WITH
 THIRD-PARTY  ORGANIZATIONS  THAT  SIMILARLY  DO  NOT PROVIDE HEALTH CARE
 SERVICES. THEREFORE, IT IS THE INTENT OF THE LEGISLATURE TO ENSURE  THAT
 UNREGULATED  PREGNANCY  CENTERS  MAY  NOT REQUIRE, OR INSTITUTE POLICIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14276-01-5
              

 S. 8705                             2
 
 SUCH THAT IT APPEARS TO REQUIRE, THAT CLIENTS PROVIDE  SUCH  INFORMATION
 AS A CONDITION OF SERVICE.
   §  2599-GG.  DEFINITION.  FOR  PURPOSES  OF THIS SECTION, "UNREGULATED
 PREGNANCY CENTER" SHALL MEAN A FACILITY OR ENTITY, THE  PRIMARY  PURPOSE
 OF  WHICH  IS  TO  PROVIDE DETERMINATION OF PREGNANCY OR PREGNANCY COUN-
 SELING, THAT DOES NOT PROVIDE OR REFER FOR A FULL RANGE OF COMPREHENSIVE
 REPRODUCTIVE SEXUAL CARE SERVICES; PROVIDED, HOWEVER, THAT  "UNREGULATED
 PREGNANCY  CENTER"  SHALL  NOT INCLUDE ANY FACILITY LICENSED PURSUANT TO
 ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR ARTICLE THIRTY-ONE OR THIRTY-TWO
 OF THE MENTAL HYGIENE LAW, OR ANY FACILITY WHOSE PRIMARY PURPOSE  IS  TO
 FACILITATE ADOPTION.
   §  2599-HH.  PROHIBITED  INTAKE  QUESTIONS.  AN  UNREGULATED PREGNANCY
 CENTER SHALL NOT MAKE IT A CONDITION OF SERVICE, OR MAKE  IT  REASONABLY
 APPEAR  TO BE A CONDITION OF SERVICE, THAT A CLIENT MUST DISCLOSE ANY OF
 THE FOLLOWING INFORMATION:
   1. LISTS OF, OR OTHER INFORMATION REGARDING, PRESCRIPTION  MEDICATIONS
 THE  CLIENT  TAKES,  THE  CLIENT'S  CURRENT  OR  PAST  ILLNESSES, OR THE
 CLIENT'S MEDICAL CONDITIONS, EXCEPT AS DIRECTLY RELATES  TO  A  DETERMI-
 NATION OF PREGNANCY;
   2.  INFORMATION  REGARDING  THE CLIENT'S SEXUAL HISTORY INCLUDING, BUT
 NOT LIMITED TO, THE CLIENT'S AGE WHEN THEY FIRST BECAME SEXUALLY ACTIVE,
 THE CLIENT'S CURRENT SEXUAL ACTIVITY STATUS, OR THE SEXUAL  IDENTITY  OF
 THE CLIENT;
   3.  INFORMATION  REGARDING  THE NATURE OF THE CLIENT'S RELATIONSHIP TO
 THE POTENTIAL BABY'S NON-GESTATIONAL PARENT, INCLUDING BUT  NOT  LIMITED
 TO  THE  NAME  OR AGE OF THE POTENTIAL BABY'S NON-GESTATIONAL PARENT, OR
 WHETHER THE CLIENT IS CURRENTLY OR WAS PREVIOUSLY LIVING WITH SUCH INDI-
 VIDUAL;
   4. IF THE UNREGULATED PREGNANCY CENTER DOES NOT BILL HEALTH  INSURANCE
 FOR  SERVICES,  ANY INFORMATION REGARDING THE CLIENT'S INSURANCE STATUS,
 INCOME, EMPLOYER, OR ELIGIBILITY FOR PUBLIC ASSISTANCE; OR
   5. IF THE UNREGULATED PREGNANCY CENTER DOES BILL HEALTH INSURANCE  FOR
 SERVICES,  ANY  INFORMATION  RELATING  TO THE CLIENT'S INSURANCE STATUS,
 INCOME, EMPLOYER, OR ELIGIBILITY FOR PUBLIC ASSISTANCE,  EXCEPT  TO  THE
 EXTENT NECESSARY TO EXECUTE SUCH BILLING.
   §  2599-II. ENFORCEMENT. THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY
 OF ANY COUNTY MAY BRING AN ACTION IN THE NAME OF THE PEOPLE OF THE STATE
 TO RESTRAIN OR PREVENT ANY VIOLATION OF THIS ARTICLE OR ANY  CONTINUANCE
 OF SUCH VIOLATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.