Enacts the woman's right to know act; repealer

Title of bill

An act to amend the public health law, in relation to enacting the woman's right to know act; to repeal title 3 of article 25 of such law relating to the control of midwifery; and providing for the repeal of certain provisions upon expiration thereof

Purpose or general idea of bill

To provide women facing unplanned pregnancies who are considering abortion with full information and reflection time prior to having an abortion performed upon them. It provides a 24-hour waiting period to give women the opportunity to receive information about the medical risks of abortion, alternatives to the procedure, and the unborn child's development.

Summary of specific provisions

This bill would add a new Title III to Article 25 of the Public Health Law, providing that: except for medical emergencies, no abortion may be performed in this State without the voluntary, informed and written consent of the pregnant woman upon whom the abortion is to be performed. Consent would be voluntary and informed only if at least 24 hours prior to the abortion, the physician who is to perform the procedure or the referring physician has informed the woman of: the name of the physician who will perform the abortion; the nature of the abortion method, its risks and alternatives; the probable gestational age of the unborn child, and the child's probable characteristics; the medical risks of carrying the unborn child to term; the medical and psychological risks of abortion and the facts about anti-Rh immune globulin therapy.

Additional information about printed materials, videotapes, and ultrasound must be made available to the woman.

The State Health Department is required to publish materials informing pregnant women about alternatives, prenatal care, childbirth, etc. and which inform women of probable anatomical and physiological characteristics of the unborn child and two-week gestational increments from fertilization to full-term.

Persons who violate the Act would be guilty of a Class A misdemeanor, and women who are not given accurate and full information prior to an abortion would be accorded a right to sue for civil penalties.

This bill also includes a severability clause.

Justification

This legislation is keeping with the trend toward recognition of patient's right to self determination, and an increased responsibility of physicians to divulge all risks and potential side effects of medical decisions. Informed consent requirements are now commonplace in most aspects of medical decisions. Notably, New York requires this sort of informed consent with procedures ranging from methodologies in cancer treatment to hysterectomy procedures. As long as the practice of abortion is legal in New York, the state has the responsibility to protect women against making uninformed decisions.

This legislation has been modeled on the Pennsylvania informed consent law which was upheld as constitutional by the US Supreme Court in PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA V. CASEY (June, 1992).

Prior legislative history

2007-2008: A.5720; Held for consideration in Health A.4883 (2004)

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided that section one of this act shall take effect on the 102nd day after this act shall have become a law, and provided further that section two of this act shall expire and be deemed repealed on the 102nd day after this act shall have become a law.