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This entry was published on 2014-09-22
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SECTION 394-E
Report on request for abortional services
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 394-e. Report on request for abortional services. 1. It shall be
unlawful for any person, firm or corporation doing business in this
state to furnish a report of a referral for abortional services or a
report of an inquiry or request therefor, to any person or government
agency unless such person, firm or corporation has reasonable grounds to
believe that the person or government agency requesting the report is
(a) a law enforcement agency, or (b) the state department of health or
the department of health of the city of New York, or (c) authorized in
writing by the subject of such report, or (d) unless such person, firm
or corporation shall have been ordered to furnish such report by a duly
constituted court having jurisdiction to issue such an order. Every
request for such a report shall be in writing and identify the name and
address of the requestor. A request by a law enforcement agency shall
include a sworn statement that the agency is requesting the report
solely for law enforcement purposes.

2. A person may bring a civil action for damages or to restrain a
person, firm or corporation from violating this act or both and, in such
case, if it is found that such person, firm or corporation has wilfully
violated this act the violator shall, in addition to any liability for
actual damages as may be shown, be liable for exemplary damages of not
less than one hundred dollars and not more than ten thousand dollars for
each violation together with costs and reasonable attorney's fees and
disbursements incurred by the person bringing the action.

3. Except as provided in this section, no person, firm or corporation
shall be entitled to claim any privilege, absolute or qualified as a
defense in any civil action brought by a person aggrieved by the
publication or dissemination of information relating to referral for
abortional services or an inquiry or request therefor.

4. Any person who requests or obtains a report of a referral for
abortional services or an inquiry or request therefor from any person,
firm or corporation under false pretenses or furnishes a report to any
person except in accordance with this section shall be guilty of a class
A misdemeanor.