Enacts the woman's right to know act; repealer

Summary of specific provisions

Section 1. Repeals title III of article 25 of the Public Health Law. Adds a new title III which may be known as the "Woman's Right to Know Act" which provides 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.

Section 2560. Short title.

Section 2560-a. Legislative findings and purposes.

Section 2560-b. Definitions.

Section 2560-c. Informed Consent Requirement. Prohibits any abortion to be performed without the voluntary and informed consent of the woman except in the case of a medical emergency. 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, the facts about anti-Rh immune globulin therapy, and the provision of printed materials, pursuant to Section 2560-d, by the physician, referring physician or a qualified person at least 24 hours before the abortion.

Section 2560-d. Publication of materials. Requires the Department of Health to publish in English and Spanish, materials including but not limited to: alternatives to abortion; a geographically indexed list of the public and private agencies available to assist a woman through pregnancy, upon childbirth and while her child is dependent; the support obligations of the father of the unborn child; and that the woman is free to withhold or withdraw her consent to the abortion at any time before or during the abortion.

Section 2560-e. Ultrasound. Requires an obstetric ultrasound to be performed prior to the woman giving informed consent. Requires the physician or technician performing the ultrasound to provide a simultaneous verbal explanation and medical description of what the

ultrasound is depicting and make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear.

Section 2560-f. Internet website. Requires the State Health Department to develop and maintain a website which informs pregnant women about alternatives, prenatal care, childbirth, etc. and which informs women of probable anatomical and physiological characteristics of the unborn child and two-week gestational increments from fertilization to full-term.

Section 2560-g. Abortion provider website. Requires that if an abortion provider has a website, that such internet website's home page shall be linked to the Department's informed consent materials

Section 2560-h. Emergency. Requires the physician to inform the woman prior to the abortion if possible, that according to the physician's judgment, the abortion is necessary to avert the woman's death or irreversible impairment of a major bodily function

Section 2560-i. Reporting requirements. Requires the Department of Health to prepare a reporting form for physicians within 90 days of the enactment of this act. Physicians must complete reporting forms annually which list the number of women the physician provided information contained in Section 2560-c, the number of women who received printed material described in Section 2560-d, and number of abortions performed with or without providing the 24 hour informed consent waiting period. Requires the Department of Health to issue a public report by June thirtieth of each year.

Section 2560-j. Criminal Penalties. Establishes a felony for any person who intentionally, knowingly or recklessly violates the provision of this title and a misdemeanor for any physician who submits a false report.

Section 2560-k. Civil penalties. Provides that any intentional violations shall be admissible in a civil suit; provides a basis for professional disciplinary action; and, provides a basis for recovery by the woman in a wrongful death action.

Section 2560-l. Limitation on civil liability. Provides that any physician who complies with this title shall not be held civilly liable for failure to obtain informed consent to the abortion.

Section 2560-m. Severability clause.

Section 2560-n. Construction, Provides that nothing in this title shall be construed as creating or recognizing a right to abortion.

Section 2. Requires the Department of Health to publish materials in English and Spanish 102 days after the effective date of this act. Describes the information to be contained in such materials.

Section 3. Effective Date

Existing law

None

Justification

This legislation is keeping with the trend toward recognition of a 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 Mississippi informed consent law which requires the pregnant woman to have an obstetric ultrasound performed before the abortion and the provider must make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear.

Prior legislative history

2013: A.3252; referred to health 2011-2012: A.2244A; held for consideration in health 2009-2010: S.5468 - Referred to Health/A. 2726; held for consideration in health. 2007-2008: S.6645 - Referred to Health/A.5720; held for consideration in health. 2005: A.5696 - referred to health 2003-2004: A4883 - held for consideration in health 2001-2002: A.3684-B held for consideration in health

Fiscal implications

To be determined.

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, when upon such date section two of this act shall expire and be deemed repealed.