Enacts the fetal pain prevention act

Summary of specific provisions

Section One amends Article 25 of the Public Health Law by adding a new title 1-B which establishes the Fetal Pain Prevention Act. This act applies only to abortions performed on women carrying fetuses of twenty or more weeks gestational age. If the physician has reason to believe such is the case, he is required to provide the woman, both orally and in writing, information about fetal pain. The nature of the information is to be prescribed by the Commis- sioner of Health. The bill requires it to be "objective, nonjudgmental and designed to convey accurate scientific information." The information shall include facts regarding (a) the development of the fetal nervous system, (b) fetal responsiveness to adverse stimuli, (c) a description of the actual steps in the abortion procedure to be administered.

After this information has been provided, the physician must request the woman's consent to the administration of an anesthesia or analgesic to eliminate or alleviate fetal pain during the course of the abortion. The physician is bound by the patient's decision. If it is affirmative, the physician shall administer the anesthesia unless it would to a signif- icant degree decrease the possibility of sustained survival of the fetus apart from the mother or that would cause the death of the fetus. There are other provisions and exceptions protecting the medical welfare of the mother.

Section Two provides the effective date.

Existing law

Currently, there is no provision in statutory law which requires physicians to provide a mother with fetal pain information.

Justification

The accumulated scientific evidence now establishes clearly that a twenty-week-old fetus can feel pain. Professor Robert White testified before the House Constitution Subcommittee the "the fetus, within this time frame of gestation, 20 weeks and beyond, is fully capable of experiencing pain... Without question, all of this is a dreadfully painful experience for any infant subject to such a surgical procedure." Professor Paul Ranalli, a neurologist at the University of Toronto, points out that two types of stress hormones, normally released by adults subjected to pain, are released in massive amounts by a fetus subjected to a needle puncture to draw a blood sample. This was estab- lished by a researcher working on 19-week-old fetuses (N. Fisk, London), and by another working on 16-week-old fetuses (J. Partch, Kiel). At this point, the fetus physically withdraws from the source of pain, and its vital signs reflect agitation. Dr. Ranalli points out that a 20-30 week

old fetus actually will feel more pain than an adult will, because the pain system is fully developed but the higher level pain-modifying system has just barely begun to develop.

The performance of an abortion on a 20-week-old fetus clearly inflicts terrible physical suffering. This bill does not even require the use of anesthesia, but only that the mother be given the scientific facts and the choice to protect the fetus from such suffering. The unjustifiable infliction of suffering on any animal life, other than unborn human life, is defined as "Cruelty to Animals" and made criminal under long standing New York State law. It is unspeakable that unborn human beings are not given equal protection.

Legislative history

2008-2007; A4430 referred to health. 2006; A4549 referred to health, S.2314 referred to health. 2005; A4549 referred to health, S.2314 referred to health. 2004; A3431 referred to health, 2001-02 S.3385 Health Committee

Fiscal implications

None.

Effective date

This act shall take effect the first day of January next succeeding the date on which it shall have become a law; provided, however that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.