A. 6656 2
receives sufficient information to make an informed choice between two
alternatives: giving birth or having an abortion.
(d) over eighty percent of all abortions are performed in clinics
devoted solely to providing abortions and family planning services. Most
females who seek abortions at these facilities do not have any relation-
ship with the physician who performs the abortion, before or after the
procedure. They do not return to the facility for post-surgical care. In
most instances, the female's only actual contact with the physician
occurs simultaneously with the abortion procedure, with little opportu-
nity to receive counseling concerning her decision.
(e) the decision to abort is an important, and often stressful one and
it is desirable and imperative that it be made with full knowledge of
its nature and consequences. The medical, emotional and psychological
consequences of an abortion are serious and can be lasting.
(f) abortion facilities or providers offer only limited and/or imper-
sonal counseling opportunities. Many abortion facilities or providers
hire untrained and unprofessional "counselors" whose primary goal is to
sell abortion services.
2. Based on the findings and declarations set forth in subdivision one
of this section, it is the intent of this act to:
(a) provide that pregnant minors have the benefit of parental guid-
ance;
(b) ensure that every female considering an abortion receive complete
information on her alternatives and that every female submitting to an
abortion do so only after giving her voluntary and informed consent to
the abortion procedure;
(c) protect unborn children from a mother's uninformed decision to
have an abortion; and
(d) reduce the risk that a mother may elect an abortion, only to
discover later, with devastating psychological consequences, that her
decision was not fully informed.
S 3. Article 25 of the public health law is amended by adding a new
title 1-C to read as follows:
TITLE I-C
FAMILY PROTECTION ACT
SECTION 2515-E. DEFINITIONS.
2515-F. CONSENT CONCERNING AN ABORTION.
2515-G. LIMITATIONS.
2515-H. COERCION PROHIBITED.
2515-I. INFORMED CONSENT REQUIREMENT.
2515-J. PUBLICATION OF MATERIALS.
2515-K. EMERGENCY.
2515-L. PENALTIES.
2515-M. ANONYMITY.
S 2515-E. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ABORTION" MEANS THE USE OR PRESCRIPTION OF ANY INSTRUMENT, MEDI-
CINE, DRUG OR ANY OTHER SUBSTANCE OR DEVICE WITH THE INTENT TO TERMINATE
THE PREGNANCY OF A FEMALE KNOWN TO BE PREGNANT WITH INTENT OTHER THAN TO
INCREASE PROBABILITY OF A LIVE BIRTH, TO PRESERVE THE LIFE OR HEALTH OF
THE CHILD AFTER LIVE BIRTH, OR TO REMOVE A DEAD FETUS.
(B) "ATTEMPT TO PERFORM AN ABORTION" MEANS AN ACT OR OMISSION OF A
STATUTORILY REQUIRED ACT, THAT, UNDER THE CIRCUMSTANCES AS THE ACTOR
BELIEVES THEM TO BE, CONSTITUTES A SUBSTANTIAL STEP IN A COURSE OF
A. 6656 3
CONDUCT PLANNED TO CULMINATE IN THE PERFORMANCE OF AN ABORTION IN THE
STATE OF NEW YORK IN VIOLATION OF THIS TITLE.
(C) "UNEMANCIPATED MINOR" MEANS A FEMALE WHO HAS NOT ATTAINED THE AGE
OF EIGHTEEN YEARS AND IS NOT AN EMANCIPATED MINOR AS DEFINED IN SUBDIVI-
SION (D) OF THIS SECTION.
(D) "EMANCIPATED MINOR" MEANS A FEMALE WHO IS OR HAS BEEN LAWFULLY
MARRIED OR HAS BY COURT ORDER OR OTHERWISE BEEN FREED FROM THE CARE,
CUSTODY AND CONTROL OF HER PARENTS.
(E) "MEDICAL EMERGENCY" MEANS ANY CONDITION WHICH, ON THE BASIS OF THE
PHYSICIAN'S GOOD FAITH CLINICAL JUDGMENT, SO COMPLICATES THE MEDICAL
CONDITION OF A PREGNANT FEMALE AS TO NECESSITATE THE IMMEDIATE ABORTION
OF HER PREGNANCY TO AVERT HER DEATH OR FOR WHICH DELAY WILL CREATE SERI-
OUS RISK OF SUBSTANTIAL OR IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY
FUNCTION.
(F) "PARENT" MEANS ONE PARENT OF THE PREGNANT FEMALE, OR GUARDIAN OR
CONSERVATOR IF THE PREGNANT FEMALE HAS ONE.
(G) "CONCEPTION" MEANS THE FUSION OF A HUMAN SPERMATOZOON WITH A HUMAN
OVUM.
(H) "GESTATIONAL AGE" MEANS THE TIME THAT HAS ELAPSED SINCE THE FIRST
DAY OF A FEMALE'S LAST MENSTRUAL PERIOD.
(I) "PHYSICIAN" MEANS ANY PERSON LICENSED TO PRACTICE MEDICINE IN THIS
STATE. THE TERM INCLUDES MEDICAL DOCTORS AND DOCTORS OF OSTEOPATHY.
(J) "PREGNANT" OR "PREGNANCY" MEANS THE FEMALE REPRODUCTIVE CONDITION
OF HAVING AN UNBORN CHILD IN THE FEMALE'S BODY.
(K) "AGENT" MEANS AN AGENT OF THE PHYSICIAN WHO IS A PSYCHOLOGIST,
LICENSED SOCIAL WORKER, LICENSED PROFESSIONAL COUNSELOR, REGISTERED
NURSE OR PHYSICIAN.
(L) "UNBORN CHILD" MEANS THE OFFSPRING OF HUMAN BEINGS FROM CONCEPTION
UNTIL BIRTH.
(M) "VIABILITY" AND "VIABLE" MEANS THAT STAGE IN FETAL DEVELOPMENT
WHEN THE LIFE OF THE UNBORN CHILD MAY BE CONTINUED INDEFINITELY OUTSIDE
THE WOMB BY NATURAL OR ARTIFICIAL LIFE-SUPPORTIVE SYSTEMS.
(N) "FEMALE" MEANS ANY PERSON OF THE FEMALE GENDER.
S 2515-F. CONSENT CONCERNING AN ABORTION. NO PERSON SHALL KNOWINGLY
PERFORM AN ABORTION UPON AN UNEMANCIPATED MINOR OR UPON A FEMALE FOR
WHOM A GUARDIAN OR CONSERVATOR HAS BEEN APPOINTED BECAUSE OF A FINDING
OF INCOMPETENCY, UNLESS THE ATTENDING PHYSICIAN HAS SECURED THE WRITTEN
CONSENT OF ONE PARENT OR GUARDIAN OR CONSERVATOR IF THE PREGNANT FEMALE
HAS ONE. IN OBTAINING THE CONSENT OF THE UNEMANCIPATED MINOR'S PARENT
OR THE FEMALE'S GUARDIAN OR CONSERVATOR, THE PHYSICIAN SHALL PROVIDE THE
INFORMATION AND MATERIALS SPECIFIED IN SECTION TWENTY-FIVE HUNDRED
FIFTEEN-I OF THIS TITLE AND SHALL OBTAIN FROM THEM THE CERTIFICATION
REQUIRED BY SUBDIVISION (C) OF SECTION TWENTY-FIVE HUNDRED FIFTEEN-I OF
THIS TITLE.
(A) THE WRITTEN CONSENT SHALL BE ADDRESSED TO THE PARENT OR GUARDIAN
AT THE USUAL PLACE OF ABODE OF THE PARENT OR GUARDIAN AND DELIVERED
PERSONALLY TO THE PARENT OR GUARDIAN BY THE PHYSICIAN OR AN AGENT.
(B) IN LIEU OF THE DELIVERY REQUIRED BY SUBDIVISION (A) OF THIS
SECTION, NOTICE SHALL BE MADE BY CERTIFIED MAIL ADDRESSED TO THE PARENT
OR GUARDIAN AT THE USUAL PLACE OF ABODE OF THE PARENT OR GUARDIAN WITH
RETURN RECEIPT REQUESTED WITH RESTRICTED DELIVERY TO THE ADDRESSEE. TIME
OF DELIVERY SHALL BE DEEMED TO OCCUR AT TWELVE O'CLOCK NOON ON THE THIRD
DAY AFTER MAILING.
S 2515-G. LIMITATIONS. NO CONSENT SHALL BE REQUIRED UNDER THIS TITLE
IF:
A. 6656 4
(A) THE ATTENDING PHYSICIAN CERTIFIES IN THE PREGNANT MINOR'S MEDICAL
RECORD THAT THE ABORTION IS NECESSARY TO PREVENT THE MINOR'S DEATH AND
THERE IS INSUFFICIENT TIME TO OBTAIN THE REQUIRED CONSENT; OR
(B) THE PERSON WHO IS ENTITLED TO CONSENT CERTIFIES IN WRITING THAT
HE/SHE HAS CONSENTED; OR
(C) THE MINOR ELECTS NOT TO OBTAIN CONSENT OF HER PARENT OR GUARDIAN
OR CONSERVATOR AND OBTAINS AN ORDER ISSUED BY A JUDGE OF THE FAMILY
COURT AS PROVIDED IN ARTICLE 10-C OF THE FAMILY COURT ACT, OR BY ANY
OTHER JUDGE OR JUSTICE OF THIS STATE HAVING JURISDICTION, DISPENSING
WITH SUCH CONSENT.
S 2515-H. COERCION PROHIBITED. NO PARENT, GUARDIAN OR OTHER PERSON
SHALL COERCE ANY FEMALE TO UNDERGO AN ABORTION. ANY FEMALE WHO IS
THREATENED WITH SUCH COERCION MAY APPLY TO A COURT OF COMPETENT JURIS-
DICTION FOR RELIEF. THE COURT SHALL PROVIDE A MINOR WITH COUNSEL, GIVE
THE MATTER EXPEDITED CONSIDERATION AND GRANT SUCH RELIEF AS MAY BE
NECESSARY TO PREVENT SUCH COERCION. SHOULD A MINOR BE DENIED FINANCIAL
SUPPORT OF HER PARENTS BY REASON OF HER REFUSAL TO UNDERGO AN ABORTION,
SHE SHALL BE CONSIDERED EMANCIPATED FOR PURPOSES OF ELIGIBILITY FOR
ASSISTANCE BENEFITS.
S 2515-I. INFORMED CONSENT REQUIREMENT. NO ABORTION SHALL BE PERFORMED
OR INDUCED WITHOUT THE VOLUNTARY AND INFORMED CONSENT OF THE FEMALE UPON
WHOM THE ABORTION IS TO BE PERFORMED OR INDUCED. EXCEPT IN THE CASE OF A
MEDICAL EMERGENCY, CONSENT TO AN ABORTION IS VOLUNTARY AND INFORMED IF
AND ONLY IF:
(A) AT LEAST TWENTY-FOUR HOURS PRIOR TO THE ABORTION, THE PHYSICIAN
WHO IS TO PERFORM THE ABORTION OR THE REFERRING PHYSICIAN HAS INFORMED
THE FEMALE, BY TELEPHONE OR IN PERSON, OF:
1. THE NAME OF THE PHYSICIAN WHO WILL PERFORM THE ABORTION;
2. THE NATURE OF THE PROPOSED ABORTION METHOD AND OF THOSE RISKS AND
ALTERNATIVES TO THE METHOD THAT A REASONABLE PATIENT WOULD CONSIDER
MATERIAL TO THE DECISION OR WHETHER OR NOT TO UNDERGO THE ABORTION;
3. THE PROBABLE GESTATIONAL AGE OF THE UNBORN CHILD AT THE TIME THE
ABORTION IS TO BE PERFORMED, AND, IF THE UNBORN CHILD IS VIABLE OR HAS
REACHED THE GESTATIONAL AGE OF TWENTY-TWO WEEKS, THAT (I) THE UNBORN
CHILD MAY BE ABLE TO SURVIVE OUTSIDE THE WOMB; (II) THE WOMAN HAS THE
RIGHT TO REQUEST THE PHYSICIAN TO USE THE FORM OF TREATMENT THAT IS MOST
LIKELY TO PRESERVE THE LIFE OF THE UNBORN CHILD; AND (III) IF THE UNBORN
CHILD IS BORN ALIVE, THE ATTENDING PHYSICIAN HAS THE LEGAL OBLIGATION TO
TAKE ALL REASONABLE STEPS NECESSARY TO MAINTAIN THE LIFE AND HEALTH OF
THE CHILD;
4. THE PROBABLE ANATOMICAL AND PHYSIOLOGICAL CHARACTERISTICS OF THE
UNBORN CHILD AT THE TIME THE ABORTION IS TO BE PERFORMED;
5. THE MEDICAL RISKS ASSOCIATED WITH CARRYING HER CHILD TO TERM;
6. THE MEDICAL AND PSYCHOLOGICAL RISKS ASSOCIATED WITH ABORTION; AND
7. ANY NEED FOR ANTI-RH IMMUNE GLOBULIN THERAPY, IF SHE IS RH NEGA-
TIVE, THE LIKELY CONSEQUENCES OF REFUSING SUCH THERAPY AND THE COST OF
THE THERAPY.
THE INFORMATION REQUIRED BY THIS SUBDIVISION MAY BE PROVIDED BY TELE-
PHONE WITHOUT CONDUCTING A PHYSICAL EXAMINATION OR TESTS OF THE PATIENT,
IN WHICH CASE THE INFORMATION REQUIRED TO BE PROVIDED MAY BE BASED ON
FACTS SUPPLIED TO THE PHYSICIAN BY THE FEMALE AND WHATEVER OTHER RELE-
VANT INFORMATION IS REASONABLY AVAILABLE TO THE PHYSICIAN. IT MAY NOT BE
PROVIDED BY A TAPE RECORDING, BUT SHALL BE PROVIDED DURING A CONSULTA-
TION IN WHICH THE PHYSICIAN IS ABLE TO ASK QUESTIONS OF THE FEMALE AND
THE FEMALE IS ABLE TO ASK QUESTIONS OF THE PHYSICIAN. IF A PHYSICAL
EXAMINATION, TESTS, OR THE AVAILABILITY OF OTHER INFORMATION TO THE
A. 6656 5
PHYSICIAN SUBSEQUENTLY INDICATES IN THE MEDICAL JUDGMENT OF THE PHYSI-
CIAN, A REVISION OF THE INFORMATION PREVIOUSLY SUPPLIED TO THE PATIENT,
THAT REVISED INFORMATION MAY BE COMMUNICATED TO THE PATIENT AT ANY TIME
PRIOR TO THE PERFORMANCE OF THE ABORTION. NOTHING IN THIS SECTION MAY BE
CONSTRUED TO PRECLUDE PROVISION OF REQUIRED INFORMATION IN A LANGUAGE
UNDERSTOOD BY THE PATIENT THROUGH A TRANSLATOR.
(B) AT LEAST TWENTY-FOUR HOURS PRIOR TO THE ABORTION, THE PHYSICIAN
WHO IS TO PERFORM THE ABORTION, THE REFERRING PHYSICIAN, OR AN AGENT OF
EITHER PHYSICIAN SHALL INFORM THE FEMALE, BY TELEPHONE OR IN PERSON,
THAT:
1. MEDICAL ASSISTANCE BENEFITS MAY BE AVAILABLE FOR PRENATAL CARE,
CHILDBIRTH AND NEONATAL CARE;
2. THE FATHER OF THE UNBORN CHILD IS LIABLE TO ASSIST IN THE SUPPORT
OF HER CHILD, EVEN IN THE INSTANCES WHERE HE HAS OFFERED TO PAY FOR THE
ABORTION. IN THE CASE OF FORCIBLE RAPE, THIS INFORMATION MAY BE OMIT-
TED;
3. SHE HAS THE RIGHT TO REVIEW THE PRINTED MATERIALS PUBLISHED PURSU-
ANT TO SECTION TWENTY-FIVE HUNDRED FIFTEEN-J OF THIS TITLE. THE PHYSI-
CIAN OR PHYSICIAN'S AGENT SHALL ORALLY INFORM THE WOMAN THE MATERIALS
HAVE BEEN PROVIDED BY THE STATE OF NEW YORK AND THAT THEY DESCRIBE THE
UNBORN CHILD AND LIST AGENCIES WHICH OFFER ALTERNATIVES TO ABORTION. IF
THE FEMALE CHOOSES TO VIEW THE MATERIALS, THEY SHALL EITHER BE GIVEN TO
HER AT LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION OR MAILED TO HER AT
LEAST SEVENTY-TWO HOURS BEFORE THE ABORTION BY CERTIFIED MAIL,
RESTRICTED DELIVERY TO ADDRESSEE. THE INFORMATION REQUIRED BY THIS
PARAGRAPH MAY BE PROVIDED BY A TAPE RECORDING IF THE PROVISION IS MADE
TO RECORD OR OTHERWISE REGISTER WHETHER THE WOMAN DOES OR DOES NOT
CHOOSE TO REVIEW THE PRINTED MATERIALS;
4. THE STATE ENCOURAGES HER TO VIEW AN ULTRASOUND IMAGE OF HER UNBORN
CHILD BEFORE SHE DECIDES TO HAVE AN ABORTION. IF SHE CHOOSES TO VIEW AN
ULTRASOUND IMAGE OF HER UNBORN CHILD, THE PHYSICIAN WHO IS TO PERFORM
THE ABORTION OR THE REFERRING PHYSICIAN SHALL ISSUE A MEDICAL ORDER FOR
THE ULTRASOUND SERVICE AT ANY MEDICAL FACILITY THAT PROVIDES ULTRASOUND
IMAGING SERVICES. IF THE FEMALE DOES NOT HAVE PRIVATE HEALTH INSURANCE
COVERAGE FOR THE ULTRASOUND SERVICE, SHE SHALL BE PRESUMPTIVELY ELIGIBLE
FOR MEDICAL ASSISTANCE COVERAGE FOR THE ULTRASOUND SERVICE;
5. SHE IS FREE TO WITHHOLD OR WITHDRAW HER CONSENT TO THE ABORTION AT
ANY TIME BEFORE OR DURING AN ABORTION WITHOUT AFFECTING HER RIGHT TO
FUTURE CARE OR TREATMENT AND WITHOUT THE LOSS OF ANY STATE OR FEDERAL-
LY-FUNDED BENEFITS TO WHICH SHE MIGHT OTHERWISE BE ENTITLED.
(C) THE FEMALE CERTIFIES IN WRITING, PRIOR TO THE ABORTION, THAT THE
INFORMATION REQUIRED TO BE PROVIDED UNDER SUBDIVISIONS (A) AND (B) OF
THIS SECTION HAS BEEN PROVIDED.
(D) PRIOR TO THE PERFORMANCE OF THE ABORTION, THE PHYSICIAN WHO IS TO
PERFORM THE ABORTION OR HIS AGENT RECEIVES A COPY OF THE WRITTEN CERTIF-
ICATION PRESCRIBED BY SUBDIVISION (C) OF THIS SECTION.
(E) THE FEMALE IS NOT REQUIRED TO PAY ANY AMOUNT FOR THE ABORTION
PROCEDURE UNTIL THE TWENTY-FOUR HOUR WAITING PERIOD HAS EXPIRED.
S 2515-J. PUBLICATION OF MATERIALS. (A) THE DEPARTMENT SHALL CAUSE TO
BE PUBLISHED IN ENGLISH AND SPANISH, WITHIN ONE HUNDRED TWO DAYS AFTER
THE EFFECTIVE DATE OF THIS TITLE, AND SHALL UPDATE ON AN ANNUAL BASIS,
THE FOLLOWING EASILY COMPREHENSIBLE PRINTED MATERIALS:
1. GEOGRAPHICALLY INDEXED MATERIALS DESIGNED TO INFORM THE WOMAN OF
PUBLIC AND PRIVATE AGENCIES AND SERVICES AVAILABLE TO ASSIST A FEMALE
THROUGH PREGNANCY, UPON CHILDBIRTH AND WHILE HER CHILD IS DEPENDENT,
INCLUDING BUT NOT LIMITED TO, ADOPTION AGENCIES. THE MATERIALS SHALL
A. 6656 6
INCLUDE A COMPREHENSIVE LIST OF THE AGENCIES, A DESCRIPTION OF THE
SERVICES THEY OFFER, AND THE TELEPHONE NUMBERS AND ADDRESSES OF THE
AGENCIES; AND INFORM THE WOMAN ABOUT AVAILABLE MEDICAL ASSISTANCE BENE-
FITS FOR PRENATAL CARE, CHILDBIRTH, AND NEONATAL CARE AND ABOUT THE
SUPPORT OBLIGATIONS OF THE FATHER OF THE CHILD WHO IS BORN ALIVE. THE
DEPARTMENT SHALL ENSURE THAT THE MATERIALS DESCRIBED IN THIS SECTION ARE
COMPREHENSIVE AND DO NOT DIRECTLY OR INDIRECTLY PROMOTE, EXCLUDE OR
DISCOURAGE THE USE OF ANY AGENCY OR SERVICE DESCRIBED IN THIS SECTION.
THE MATERIALS SHOULD ALSO CONTAIN A TOLL-FREE TWENTY-FOUR HOUR A DAY
TELEPHONE NUMBER WHICH MAY BE CALLED TO OBTAIN, ORALLY, SUCH A LIST AND
DESCRIPTION OF AGENCIES IN THE LOCALITY OF THE CALLER AND OF THE
SERVICES THEY OFFER. THE MATERIALS SHALL STATE THAT IT IS UNLAWFUL FOR
ANY INDIVIDUAL TO COERCE A FEMALE TO UNDERGO AN ABORTION, THAT ANY
PHYSICIAN WHO PERFORMS AN ABORTION WITHOUT HER INFORMED CONSENT MAY BE
LIABLE TO HER FOR DAMAGES IN A CIVIL ACTION AT LAW AND THAT THE LAW
PERMITS ADOPTIVE PARENTS TO PAY COSTS OF PRENATAL CARE, CHILDBIRTH AND
NEONATAL CARE. THE MATERIAL SHALL INCLUDE THE FOLLOWING STATEMENT:
"THERE ARE MANY PUBLIC AND PRIVATE AGENCIES WILLING AND ABLE TO HELP YOU
TO CARRY YOUR CHILD TO TERM, AND TO ASSIST YOU AND YOUR CHILD AFTER
YOUR CHILD IS BORN, WHETHER YOU CHOOSE TO KEEP YOUR CHILD OR PLACE YOUR
CHILD FOR ADOPTION. THE STATE OF NEW YORK STRONGLY URGES YOU TO CONTACT
THEM BEFORE MAKING A FINAL DECISION ABOUT ABORTION. THE LAW REQUIRES
THAT YOUR PHYSICIAN OR HIS AGENT GIVE YOU THE OPPORTUNITY TO CALL AGEN-
CIES LIKE THESE BEFORE YOU UNDERGO AN ABORTION."
2. MATERIALS THAT INFORM THE PREGNANT FEMALE OF THE PROBABLE ANATOM-
ICAL AND PHYSIOLOGICAL CHARACTERISTICS OF THE UNBORN CHILD AT TWO-WEEK
GESTATIONAL INCREMENTS FROM FERTILIZATION TO FULL TERM, INCLUDING
PICTURES OR DRAWINGS REPRESENTING THE DEVELOPMENT OF UNBORN CHILDREN AT
TWO-WEEK GESTATIONAL INCREMENTS, AND ANY RELEVANT INFORMATION ON THE
POSSIBILITY OF THE UNBORN CHILD'S SURVIVAL; PROVIDED THAT ANY SUCH
PICTURES OR DRAWINGS SHALL CONTAIN THE DIMENSIONS OF THE UNBORN CHILD
AND SHALL BE REALISTIC. THE MATERIALS SHALL BE OBJECTIVE AND NONJUDG-
MENTAL AND DESIGNED TO CONVEY ONLY ACCURATE SCIENTIFIC INFORMATION ABOUT
THE UNBORN CHILD AT THE VARIOUS GESTATIONAL AGES. THE MATERIAL SHALL
ALSO CONTAIN OBJECTIVE INFORMATION DESCRIBING THE METHODS OF ABORTION
PROCEDURES COMMONLY EMPLOYED, THE MEDICAL RISKS COMMONLY ASSOCIATED WITH
EACH SUCH PROCEDURE, AND THE MEDICAL RISKS ASSOCIATED WITH CARRYING A
CHILD TO TERM.
(B) THE MATERIALS SHALL BE PRINTED IN A TYPEFACE LARGE ENOUGH TO BE
CLEARLY LEGIBLE.
(C) THE MATERIALS REQUIRED UNDER THIS SECTION SHALL BE AVAILABLE AT NO
COST FROM THE DEPARTMENT UPON REQUEST AND IN APPROPRIATE NUMBER TO ANY
PERSON, FACILITY OR HOSPITAL.
S 2515-K. EMERGENCY. WHERE A MEDICAL EMERGENCY COMPELS THE PERFORMANCE
OF AN ABORTION, THE PHYSICIAN SHALL INFORM THE FEMALE, BEFORE THE
ABORTION, OF THE MEDICAL INDICATIONS SUPPORTING HIS JUDGMENT THAT AN
ABORTION IS NECESSARY TO AVERT HER DEATH OR TO AVERT SUBSTANTIAL AND
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION.
S 2515-L. PENALTIES. (A) ANY PERSON WHO KNOWINGLY OR RECKLESSLY
PERFORMS OR ATTEMPTS TO PERFORM AN ABORTION IN VIOLATION OF THIS TITLE
SHALL BE GUILTY OF A FELONY. NO PENALTY SHALL BE ASSESSED AGAINST THE
FEMALE UPON WHOM THE ABORTION IS PERFORMED OR ATTEMPTED TO BE PERFORMED.
NO PENALTY OR CIVIL LIABILITY SHALL BE ASSESSED FOR FAILURE TO COMPLY
WITH PARAGRAPH THREE OF SUBDIVISION (B) OR SUBDIVISION (C) OF SECTION
TWENTY-FIVE HUNDRED FIFTEEN-I OF THIS TITLE UNLESS THE DEPARTMENT HAS
MADE THE PRINTED MATERIALS AVAILABLE AT THE TIME THE PHYSICIAN OR THE
A. 6656 7
PHYSICIAN'S AGENT IS REQUIRED TO INFORM THE WOMAN OF HER RIGHT TO REVIEW
THEM.
(B) IN ADDITION TO WHATEVER REMEDIES ARE AVAILABLE UNDER THE COMMON OR
STATUTORY LAW OF THIS STATE, ANY PERSON UPON WHOM AN ABORTION HAS BEEN
PERFORMED WITHOUT COMPLYING WITH THE PROVISIONS OF THIS TITLE, THE
FATHER OF THE UNBORN CHILD WHO WAS THE SUBJECT OF SUCH AN ABORTION, OR
THE GRANDPARENT OF SUCH AN UNBORN CHILD MAY MAINTAIN AN ACTION AGAINST
THE PERSON WHO PERFORMED THE ABORTION IN KNOWING OR RECKLESS VIOLATION
OF THIS TITLE FOR ACTUAL AND PUNITIVE DAMAGES. ANY PERSON UPON WHOM AN
ABORTION HAS BEEN ATTEMPTED WITHOUT COMPLYING WITH THIS TITLE MAY MAIN-
TAIN AN ACTION AGAINST THE PERSON WHO ATTEMPTED TO PERFORM THE ABORTION
IN KNOWING OR RECKLESS VIOLATION OF THIS TITLE FOR ACTUAL AND PUNITIVE
DAMAGES. IF JUDGMENT IS RENDERED IN FAVOR OF THE PLAINTIFF IN ANY ACTION
DESCRIBED IN THIS SECTION, THE COURT SHALL ALSO RENDER JUDGMENT FOR A
REASONABLE ATTORNEY'S FEE IN FAVOR OF THE PLAINTIFF AGAINST THE DEFEND-
ANT. IF JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT AND THE COURT
FINDS THAT THE PLAINTIFF'S SUIT WAS FRIVOLOUS AND BROUGHT IN BAD FAITH,
THE COURT SHALL ALSO RENDER JUDGMENT FOR A REASONABLE ATTORNEY'S FEE IN
FAVOR OF THE DEFENDANT AGAINST THE PLAINTIFF.
S 2515-M. ANONYMITY. IN EVERY CIVIL OR CRIMINAL PROCEEDING OR ACTION
BROUGHT UNDER THIS TITLE, THE COURT SHALL RULE WHETHER THE ANONYMITY OF
ANY FEMALE UPON WHOM AN ABORTION HAS BEEN PERFORMED OR ATTEMPTED SHALL
BE PRESERVED FROM PUBLIC DISCLOSURE IF SHE DOES NOT GIVE HER CONSENT TO
SUCH DISCLOSURE. THE COURT, UPON MOTION SUA SPONTE, SHALL MAKE SUCH A
RULING AND UPON DETERMINING THAT HER ANONYMITY SHOULD BE PRESERVED,
SHALL ISSUE ORDERS TO THEIR PARTIES, WITNESSES, AND COUNSEL AND SHALL
DIRECT THE SEALING OF THE RECORD AND EXCLUSION OF INDIVIDUALS FROM THE
COURTROOMS OR HEARING ROOMS TO THE EXTENT NECESSARY TO SAFEGUARD HER
IDENTITY FROM PUBLIC DISCLOSURE. EACH SUCH ORDER SHALL BE ACCOMPANIED BY
SPECIFIC WRITTEN FINDINGS EXPLAINING WHY THE ANONYMITY OF THE FEMALE
SHOULD BE PRESERVED FROM PUBLIC DISCLOSURE, WHY THE ORDER IS ESSENTIAL
TO THAT END, HOW THE ORDER IS NARROWLY TAILORED TO SERVE THAT INTEREST,
AND WHY NO REASONABLE LESS RESTRICTIVE ALTERNATIVE EXISTS. IN THE
ABSENCE OF WRITTEN CONSENT OF THE FEMALE UPON WHOM AN ABORTION HAS BEEN
PERFORMED OR ATTEMPTED, ANYONE, OTHER THAN A PUBLIC OFFICIAL WHO BRINGS
AN ACTION UNDER SUBDIVISION (B) OF SECTION TWENTY-FIVE HUNDRED FIFTEEN-L
OF THIS TITLE SHALL DO SO UNDER A PSEUDONYM.
S 4. The family court act is amended by adding a new article 10-C to
read as follows:
ARTICLE 10-C
PROCEEDING TO OBTAIN AN ORDER WAIVING
PARENTAL CONSENT
SECTION 1092. PURPOSES.
1093. DEFINITIONS.
1094. JURISDICTION.
1095. PROCEDURE.
S 1092. PURPOSES. THIS ARTICLE IS INTENDED TO ESTABLISH PROCEDURES TO
IMPLEMENT THE PROVISIONS CONTAINED IN TITLE ONE-C OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW.
S 1093. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE TERM ABORTION
SHALL HAVE THE SAME MEANINGS AS SET FORTH IN SUBDIVISION (A) OF SECTION
TWENTY-FIVE HUNDRED FIFTEEN-E OF THE PUBLIC HEALTH LAW AND THE TERM
"MATURE MINOR" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN WHO IS
UNEMANCIPATED AS THAT TERM IS DEFINED IN SUBDIVISION (C) OF SECTION
TWENTY-FIVE HUNDRED FIFTEEN-E OF THE PUBLIC HEALTH LAW AND WHO IS ABLE
A. 6656 8
TO MAKE AN INFORMED, REASONED AND CONSIDERED JUDGMENT IN CONNECTION WITH
A DECISION WHETHER OR NOT TO PROCEED WITH THE ABORTION.
S 1094. JURISDICTION. THE FAMILY COURT HAS EXCLUSIVE ORIGINAL JURIS-
DICTION OVER PROCEEDINGS UNDER THIS ARTICLE TO OBTAIN AN ORDER WAIVING
PARENTAL CONSENT OF AN ABORTION.
S 1095. PROCEDURE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
1. THE WAIVER OF PARENTAL CONSENT TO AN ABORTION UPON OR WITH RESPECT
TO AN UNEMANCIPATED MINOR MAY BE OBTAINED BY ORDER OF A JUDGE OF THE
FAMILY COURT IN THE COUNTY WHERE SUCH PERSON RESIDES OR IF SHE IS NOT A
RESIDENT OF THIS STATE IN THE COUNTY WHERE THE ABORTION IS TO BE
PERFORMED, ON APPLICATION BY SUCH PERSON OR BY A RELATIVE OF SUCH PERSON
OR OTHER INTERESTED PARTY.
2. SUCH COURT PROCEEDINGS SHALL BE COMMENCED EX PARTE AND MAY BE
COMMENCED AND CONTINUED WITHOUT THE PAYMENT OF ANY FEES. THE COURT SHALL
ADVISE THE MINOR THAT SHE HAS A RIGHT TO COURT-APPOINTED COUNSEL AND
SHALL PROVIDE HER WITH SUCH COUNSEL UPON HER REQUEST.
3. SUCH APPLICATION SHALL BE GIVEN IMMEDIATE CONSIDERATION AND A HEAR-
ING SHALL BE HELD IMMEDIATELY AT WHICH THE PERSON UPON OR WITH RESPECT
TO WHOM THE ABORTION IS TO BE PERFORMED SHALL BE PRESENT. THE COURT
SHALL ISSUE WRITTEN AND SPECIFIC FACTUAL FINDINGS AND LEGAL CONCLUSIONS
SUPPORTING ITS DECISION AND SHALL ORDER THAT A CONFIDENTIAL RECORD OF
THE EVIDENCE BE MAINTAINED. ALL PROCEEDINGS WITH RESPECT TO SUCH APPLI-
CATION, INCLUDING AN APPEAL THEREFROM, SHALL PROTECT THE ANONYMITY OF
THE MINOR. SUCH PROCEEDINGS SHALL BE SEALED AND NO OTHER PERSON SHALL BE
ALLOWED ACCESS TO SUCH SEALED RECORDS EXCEPT UPON AN ORDER OF A JUDGE OF
THE COURT IN WHICH THE APPLICATION WAS PROCESSED OR OF A JUSTICE OF THE
SUPREME COURT OF THE JUDICIAL DISTRICT, AND NO SUCH ORDER SHALL BE
GRANTED EXCEPT FOR GOOD CAUSE SHOWN.
4. AN ORDER SHALL ISSUE ONLY UPON A FINDING BY THE COURT (A) THAT SUCH
PERSON DESIRES TO SUBMIT TO SUCH ABORTION; (B) THAT SUCH PERSON IS
EITHER A MATURE MINOR OR THAT SUCH ABORTION IS IN THE BEST INTEREST OF
SUCH PERSON; AND (C) THAT A PREVIOUS APPLICATION FOR SUCH ORDER HAS NOT
BEEN MADE AND DENIED UPON THE SAME GROUNDS. IF THE COURT SO FINDS THE
ORDER SHALL ISSUE.
5. IN THE EVENT THAT THE COURT SHALL DENY THE APPLICATION FOR THE
ORDER, AN EXPEDITED ANONYMOUS APPEAL SHALL BE AVAILABLE TO SUCH APPLI-
CANT TO THE APPELLATE DIVISION OF THE SUPREME COURT OF THE JUDICIAL
DEPARTMENT IN WHICH THE COURT WHICH RENDERED THE DECISION IS LOCATED.
THE NOTICE OF INTENT TO APPEAL SHALL BE FILED WITHIN TWENTY-FOUR HOURS
FROM THE DATE OF ISSUANCE OF THE ORDER. THE RECORD ON APPEAL SHALL BE
COMPLETED AND THE APPEAL SHALL BE PERFECTED WITHIN FIVE DAYS FROM THE
FILING OF THE NOTICE TO APPEAL. BECAUSE TIME MAY BE OF THE ESSENCE
REGARDING THE PERFORMANCE OF THE ABORTION, THE SUPREME COURT SHALL, BY
COURT RULE, PROVIDE FOR EXPEDITED APPELLATE REVIEW OF CASES APPEALED
UNDER THIS SECTION.
6. THE OFFICE OF COURT ADMINISTRATION SHALL PROMULGATE ANY RULES AND
REGULATIONS NECESSARY TO ENSURE THAT PROCEEDINGS UNDER THIS SECTION ARE
HANDLED IN AN EXPEDITIOUS AND ANONYMOUS MATTER.
7. THE SUPREME COURT, IN ITS DISCRETION, MAY ISSUE SUCH OTHER AND
FURTHER LAWFUL ORDERS AS IT DEEMS NECESSARY TO PROTECT SUCH PERSON.
S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
A. 6656 9
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law.