S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    451
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced   by  M.  of  A.  L. ROSENTHAL,  PAULIN,  FERNANDEZ,  BARRON,
   SEAWRIGHT -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   pregnant persons' bill of rights

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 6 of article 2 of the public health law, as added  by
 chapter  342  of  the  laws  of 2014, is amended by adding a new section
 266-a to read as follows:
   § 266-A. PREGNANT PERSONS' BILL OF RIGHTS. 1. ANY  HEALTHCARE  PROFES-
 SIONAL  WHO COULD REASONABLY FORESEE HAVING PREGNANT PERSONS AS PATIENTS
 SHALL CONSPICUOUSLY POST A PREGNANT PERSONS' BILL OF RIGHTS TO BE ISSUED
 BY THE DEPARTMENT. THE BILL OF RIGHTS SHALL BE WRITTEN IN PLAIN ENGLISH,
 AND SHALL BE MADE AVAILABLE IN OTHER LANGUAGES, INCLUDING BUT NOT LIMIT-
 ED TO SPANISH, FRENCH, CHINESE AND RUSSIAN. THE PREGNANT  PERSONS'  BILL
 OF RIGHTS SHALL INCLUDE, BUT NOT LIMITED TO THE:
   (A)  RIGHT  OF  DECISIONALLY CAPABLE PREGNANT PERSONS TO REFUSE TREAT-
 MENT, EVEN IF THE REFUSAL COULD RESULT IN THE LOSS OF LIFE;
   (B) REQUIREMENT OF DOCTORS TO RECEIVE INFORMED CONSENT FROM A PREGNANT
 PERSON BEFORE PERFORMING ANY MEDICAL PROCEDURE;
   (C) REQUIREMENT THAT COERCION MAY NOT BE USED TO RECEIVE THAT CONSENT,
 NOR MAY APPEALS TO CONSCIENCE OR MORALITY;
   (D) REQUIREMENT THAT CARE SHOULD BE PROVIDED IN A CULTURALLY SENSITIVE
 ENVIRONMENT;
   (E) REQUIREMENT THAT COUNSELING AND THERAPY SHOULD BE  MADE  AVAILABLE
 TO  ANYONE  WHO  EXPERIENCES  AN ADVERSE OUTCOME AS A RESULT OF REFUSING
 TREATMENT, BUT SUCH COUNSELING AND THERAPY SHOULD NOT  BE  REQUIRED  AND
 PREGNANT PERSONS HAVE THE RIGHT TO REFUSE THE THERAPY;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00545-01-1
              

 A. 451                              2
 
   (F)  REQUIREMENT  THAT PREGNANT PERSONS HAVE THE RIGHT TO CHOOSE WHICH
 MEDICAL PROCEDURES SHE AGREES TO, WITHOUT PRESSURE THROUGHOUT  PREGNANCY
 AND DELIVERY;
   (G) RIGHT TO REQUEST ROOM, DOCTOR OR NURSE CHANGE AT ANY POINT;
   (H) RIGHT TO KNOW DOCTOR'S METHODS;
   (I) RIGHT TO CHANGE HER MIND WITH RESPECT TO ANY TREATMENT DECISION AT
 ANY POINT;
   (J)  RIGHT OF PREGNANT PERSONS TO BE IN ANY POSITION THEY WANT SO LONG
 AS IT IS MEDICALLY INDICATED AS SAFE;
   (K) RIGHT OF PREGNANT PERSONS TO KNOW THE RISKS  ASSOCIATED  WITH  ANY
 AND ALL TESTS OR PROCEDURES;
   (L)  RIGHT  OF  PREGNANT  PERSONS  TO  RECEIVE  OR  REFUSE ANY TYPE OF
 EMOTIONAL, SOCIAL, PSYCHOLOGICAL OR PHYSICAL SUPPORT PEOPLE HAVE BEFORE,
 DURING AND AFTER LABOR;
   (M) RIGHT OF PREGNANT PERSONS TO CHOOSE BIRTH SETTING;
   (N) RIGHT OF PREGNANT PERSONS TO REFUSE  OR  ACCEPT  ANY  ADMINISTERED
 DRUG/TREATMENT; AND
   (O)  RIGHT OF PREGNANT PERSONS TO RECEIVE INFORMATION ABOUT ANY POTEN-
 TIAL DIRECT OR INDIRECT EFFECTS, RISKS, HAZARDS TO THE MOTHER AND  FETUS
 BECAUSE OF A DRUG OR PROCEDURE.
   2.  BEFORE  A HEALTHCARE PROFESSIONAL COMMENCES A PHYSICAL EXAMINATION
 OR ANY TREATMENT OF  A  PREGNANT  PERSON,  THE  HEALTHCARE  PROFESSIONAL
 CONDUCTING  THE  EXAM  SHALL  INFORM THE PERSON OF THE PREGNANT PERSONS'
 BILL OF RIGHTS BY PROVIDING A COPY OF SUCH BILL OF RIGHTS  AND  OFFERING
 TO EXPLAIN SUCH RIGHTS.
   3.  FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL RESULT
 IN A PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST  VIOLATION,  AND  FOR
 THE SECOND AND EACH SUBSEQUENT VIOLATION, THE PENALTY SHALL BE ONE THOU-
 SAND DOLLARS.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.