S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3307
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to amend the public health law, in relation to establishing the
   requirement of testing for a fetal heartbeat prior to the  performance
   of an abortion, establishing standards for informed consent, directing
   the  department  of  public  health to prepare and disseminate certain
   materials regarding abortion and providing for certain civil remedies;
   to amend the education law, in relation to expanding the definition of
   medical professional misconduct to include certain  acts  of  abortion
   and  authorizing  certain sanctions for violations; to amend the penal
   law, in relation to criminalizing the performance of an abortion under
   certain circumstances; to establish the joint legislative committee on
   adoption promotion and support; to provide for certain remedies relat-
   ing to the supreme court of  the  United  States  overturning  ROE  V.
   WADE; and to authorize the commissioner of the department of health to
   promulgate certain rules and regulations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The  legislature  declares  that  it  finds,  according  to
 contemporary medical research, all of the following:
   1. As many as thirty percent of natural pregnancies end in spontaneous
 miscarriage.
   2.  Less than five percent of all natural pregnancies end in spontane-
 ous miscarriage after detection of fetal cardiac activity.
   3. Over ninety percent of  in  vitro  pregnancies  survive  the  first
 trimester if cardiac activity is detected in the gestational sac.
   4.  Nearly  ninety  percent of in vitro pregnancies do not survive the
 first trimester where cardiac activity is not detected in the gestation-
 al sac.
   5. Fetal heartbeat, therefore, has become a key medical predictor that
 an unborn human individual will reach live birth.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05169-01-3
              

 A. 3307                             2
 
   6. Cardiac activity begins at a biologically  identifiable  moment  in
 time, normally when the fetal heart is formed in the gestational sac.
   7.  The  state of New York has legitimate interests from the outset of
 the pregnancy in protecting the health of the woman and the life  of  an
 unborn human individual who may be born.
   8.  In  order to make an informed choice about whether to continue her
 pregnancy, the pregnant woman has a legitimate interest in  knowing  the
 likelihood  of  the  fetus  surviving  to full-term birth based upon the
 presence of cardiac activity.
   § 2. Article 41 of the public health law is amended by  adding  a  new
 title 5-B to read as follows:
                                 TITLE V-B
                                 ABORTION
 SECTION 4164-A. DEFINITIONS.
         4164-B. APPLICATION.
         4164-C. DETECTABLE HEARTBEAT.
         4164-D. PRELIMINARY INFORMED CONSENT.
         4164-E. INFORMED CONSENT AFTER DETECTION OF A HEARTBEAT.
         4164-F. PERFORMANCE OF ABORTION.
         4164-G. MEDICAL EMERGENCY.
         4164-H. REPORTING.
         4164-I. DUTIES OF THE DEPARTMENT.
         4164-J. CULPABILITY OF THE PHYSICIAN.
         4164-K. CULPABILITY OF THE PREGNANT WOMAN.
         4164-L. CIVIL ACTION.
   § 4164-A. DEFINITIONS. AS USED IN THIS TITLE:
   1. "CONCEPTION" MEANS FERTILIZATION.
   2.  "CONTRACEPTIVE"  MEANS  A  DRUG, DEVICE, OR CHEMICAL THAT PREVENTS
 CONCEPTION.
   3. "DNA" MEANS DEOXYRIBONUCLEIC ACID.
   4. "FETAL HEARTBEAT" MEANS CARDIAC ACTIVITY OR THE STEADY AND  REPETI-
 TIVE RHYTHMIC CONTRACTION OF THE FETAL HEART WITHIN THE GESTATIONAL SAC.
   5.  "FETUS" MEANS THE HUMAN OFFSPRING DEVELOPING DURING PREGNANCY FROM
 THE MOMENT OF CONCEPTION AND INCLUDES THE EMBRYONIC  STAGE  OF  DEVELOP-
 MENT.
   6.  "GESTATIONAL  AGE"  MEANS THE AGE OF AN UNBORN HUMAN INDIVIDUAL AS
 CALCULATED FROM THE FIRST DAY OF THE LAST MENSTRUAL PERIOD OF A PREGNANT
 WOMAN.
   7. "GESTATIONAL SAC" MEANS THE STRUCTURE THAT COMPRISES  THE  EXTRAEM-
 BRYONIC  MEMBRANES  THAT ENVELOP THE FETUS AND THAT IS TYPICALLY VISIBLE
 BY ULTRASOUND AFTER THE FOURTH WEEK OF PREGNANCY.
   8. "INTRAUTERINE PREGNANCY" MEANS A PREGNANCY IN WHICH  THE  FETUS  IS
 ATTACHED TO THE PLACENTA WITHIN THE UTERUS OF THE PREGNANT WOMAN.
   9.  "MEDICAL EMERGENCY" MEANS A CONDITION OF A PREGNANT WOMAN THAT, IN
 THE REASONABLE JUDGMENT OF THE PHYSICIAN WHO  IS  ATTENDING  THE  WOMAN,
 CREATES  AN  IMMEDIATE  THREAT  OF  SERIOUS RISK TO THE LIFE OR PHYSICAL
 HEALTH OF THE WOMAN FROM THE CONTINUATION OF THE PREGNANCY NECESSITATING
 THE IMMEDIATE PERFORMANCE OR INDUCEMENT OF AN ABORTION.
   10. "MEDICAL NECESSITY" MEANS A MEDICAL CONDITION OF A PREGNANT  WOMAN
 THAT,  IN  THE REASONABLE JUDGMENT OF THE PHYSICIAN WHO IS ATTENDING THE
 WOMAN, SO COMPLICATES THE PREGNANCY THAT IT NECESSITATES  THE  IMMEDIATE
 PERFORMANCE OR INDUCEMENT OF AN ABORTION.
   11. "PHYSICIAN" MEANS AN INDIVIDUAL LICENSED UNDER ARTICLE ONE HUNDRED
 THIRTY-ONE  OF  THE  EDUCATION  LAW  TO PRACTICE MEDICINE AND SURGERY OR
 OSTEOPATHIC MEDICINE AND SURGERY.
 A. 3307                             3
 
   12. "PREGNANCY" MEANS THE HUMAN  FEMALE  REPRODUCTIVE  CONDITION  THAT
 BEGINS  WITH  FERTILIZATION,  WHEN  THE WOMAN IS CARRYING THE DEVELOPING
 HUMAN OFFSPRING, AND THAT IS CALCULATED FROM THE FIRST DAY OF  THE  LAST
 MENSTRUAL PERIOD OF THE WOMAN.
   13. "PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS" MEANS THE GESTA-
 TIONAL  AGE  THAT,  IN  THE JUDGMENT OF A PHYSICIAN, IS, WITH REASONABLE
 PROBABILITY, THE GESTATIONAL AGE OF THE EMBRYO OR FETUS AT THE TIME THAT
 THE PHYSICIAN INFORMS A PREGNANT WOMAN  PURSUANT  TO  SECTION  FORTY-ONE
 HUNDRED SIXTY-FOUR-D OF THIS TITLE.
   14.  "SPONTANEOUS  MISCARRIAGE" MEANS THE NATURAL OR ACCIDENTAL TERMI-
 NATION OF A PREGNANCY AND THE EXPULSION OF THE FETUS,  TYPICALLY  CAUSED
 BY  GENETIC  DEFECTS IN THE FETUS OR PHYSICAL ABNORMALITIES IN THE PREG-
 NANT WOMAN.
   15. "STANDARD MEDICAL PRACTICE" MEANS THE DEGREE OF SKILL,  CARE,  AND
 DILIGENCE THAT A PHYSICIAN OF THE SAME MEDICAL SPECIALTY WOULD EMPLOY IN
 LIKE CIRCUMSTANCES. AS APPLIED TO THE METHOD USED TO DETERMINE THE PRES-
 ENCE  OF  A  FETAL  HEARTBEAT  FOR PURPOSES OF SECTION FORTY-ONE HUNDRED
 SIXTY-FOUR-C OF THIS TITLE, "STANDARD MEDICAL PRACTICE" INCLUDES EMPLOY-
 ING THE APPROPRIATE MEANS OF DETECTION DEPENDING ON THE ESTIMATED GESTA-
 TIONAL AGE OF THE FETUS AND THE CONDITION OF THE WOMAN AND HER  PREGNAN-
 CY.
   16.  "UNBORN  HUMAN  INDIVIDUAL"  MEANS  AN INDIVIDUAL ORGANISM OF THE
 SPECIES HOMO SAPIENS FROM FERTILIZATION UNTIL LIVE BIRTH.
   § 4164-B. APPLICATION. 1. THE PROVISIONS OF THIS TITLE APPLY  ONLY  TO
 ABORTIONS INVOLVING INTRAUTERINE PREGNANCIES.
   2.  THE PROVISIONS OF THIS TITLE SHALL NOT APPLY TO ABORTIONS IN CASES
 IN WHICH THE METHOD USED TO TEST FOR THE PRESENCE OF A  FETAL  HEARTBEAT
 IN  COMPLIANCE  WITH SUBDIVISION ONE OF SECTION FORTY-ONE HUNDRED SIXTY-
 FOUR-C OF THIS TITLE DOES NOT REVEAL A FETAL HEARTBEAT.
   3. NOTHING IN THIS TITLE SHALL PROHIBIT THE SALE,  USE,  PRESCRIPTION,
 OR  ADMINISTRATION  OF  A DRUG, DEVICE, OR CHEMICAL THAT IS DESIGNED FOR
 CONTRACEPTIVE PURPOSES.
   § 4164-C. DETECTABLE HEARTBEAT. 1. ANY PERSON WHO INTENDS  TO  PERFORM
 OR  INDUCE AN ABORTION ON A PREGNANT WOMAN SHALL DETERMINE WHETHER THERE
 IS A DETECTABLE FETAL HEARTBEAT OF THE UNBORN HUMAN INDIVIDUAL THE PREG-
 NANT WOMAN IS CARRYING. THE METHOD OF  DETERMINING  THE  PRESENCE  OF  A
 FETAL  HEARTBEAT SHALL BE CONSISTENT WITH THE PERSON'S GOOD FAITH UNDER-
 STANDING OF STANDARD MEDICAL PRACTICE AND IN ACCORDANCE WITH ALL  APPLI-
 CABLE  RULES  PROMULGATED BY THE COMMISSIONER. THE PERSON WHO DETERMINES
 THE PRESENCE OR ABSENCE OF A FETAL HEARTBEAT SHALL RECORD IN  THE  PREG-
 NANT  WOMAN'S MEDICAL RECORD THE ESTIMATED GESTATIONAL AGE OF THE UNBORN
 HUMAN INDIVIDUAL, THE METHOD USED TO TEST FOR  A  FETAL  HEARTBEAT,  THE
 DATE AND TIME OF THE TEST, AND THE RESULTS OF THE TEST.
   2.  EXCEPT  AS  PROVIDED  IN SECTION FORTY-ONE HUNDRED SIXTY-FOUR-G OF
 THIS TITLE, NO PERSON SHALL KNOWINGLY AND PURPOSEFULLY PERFORM OR INDUCE
 AN ABORTION ON A PREGNANT WOMAN BEFORE:
   (A) DETERMINING IN ACCORDANCE WITH SUBDIVISION  ONE  OF  THIS  SECTION
 WHETHER THE UNBORN HUMAN INDIVIDUAL THE PREGNANT WOMAN IS CARRYING HAS A
 DETECTABLE HEARTBEAT; AND
   (B)  COMPLYING  WITH  THE  NOTIFICATION  AND  CONSENT  REQUIREMENTS OF
 SECTION FORTY-ONE  HUNDRED  SIXTY-FOUR-D,  AND  IF  APPLICABLE,  SECTION
 FORTY-ONE HUNDRED SIXTY-FOUR-E OF THIS TITLE.
   §  4164-D.  PRELIMINARY  INFORMED  CONSENT.  1. EXCEPT WHEN THERE IS A
 MEDICAL EMERGENCY OR MEDICAL NECESSITY AS PROVIDED IN SECTION  FORTY-ONE
 HUNDRED  SIXTY-FOUR-G  OF  THIS TITLE, AN ABORTION SHALL BE PERFORMED OR
 INDUCED ONLY IF ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED:
 A. 3307                             4
 
   (A) AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PERFORMANCE OR  INDUCEMENT
 OF  THE ABORTION, A PHYSICIAN MEETS WITH THE PREGNANT WOMAN IN PERSON IN
 AN INDIVIDUAL, PRIVATE SETTING AND GIVES HER AN ADEQUATE OPPORTUNITY  TO
 ASK  QUESTIONS  ABOUT THE ABORTION THAT WILL BE PERFORMED OR INDUCED. AT
 THIS  MEETING,  THE  PHYSICIAN SHALL INFORM THE PREGNANT WOMAN, VERBALLY
 OR, IF SHE IS HEARING IMPAIRED, BY OTHER MEANS OF COMMUNICATION, OF  ALL
 OF THE FOLLOWING:
   (1)  THE NATURE AND PURPOSE OF THE PARTICULAR ABORTION PROCEDURE TO BE
 USED AND THE MEDICAL RISKS ASSOCIATED WITH THAT PROCEDURE;
   (2) THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS; AND
   (3) THE MEDICAL RISKS ASSOCIATED WITH THE PREGNANT WOMAN CARRYING  THE
 PREGNANCY TO TERM.
   (B)  THE  MEETING  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION NEED
 NOT OCCUR AT THE FACILITY WHERE THE  ABORTION  IS  TO  BE  PERFORMED  OR
 INDUCED,  AND  THE  PHYSICIAN INVOLVED IN THE MEETING NEED NOT BE AFFIL-
 IATED WITH THAT FACILITY OR WITH  THE  PHYSICIAN  WHO  IS  SCHEDULED  TO
 PERFORM  OR  INDUCE  THE ABORTION. THE PHYSICIAN INVOLVED IN THE MEETING
 SHALL PROVIDE TO THE PREGNANT WOMAN THE  PHYSICIAN'S  NAME  AND  CONTACT
 INFORMATION.
   (C)  AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PERFORMANCE OR INDUCEMENT
 OF THE ABORTION, THE PHYSICIAN WHO IS TO PERFORM OR INDUCE THE  ABORTION
 OR  THE PHYSICIAN'S AGENT DOES EACH OF THE FOLLOWING IN PERSON, BY TELE-
 PHONE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY  REGULAR  MAIL
 EVIDENCED BY A CERTIFICATE OF MAILING:
   (1)  INFORM  THE  PREGNANT  WOMAN  OF THE NAME OF THE PHYSICIAN WHO IS
 SCHEDULED TO PERFORM OR INDUCE THE ABORTION;
   (2)  GIVE  THE  PREGNANT  WOMAN  COPIES  OF  THE  PUBLISHED  MATERIALS
 DESCRIBED IN SECTION FORTY-ONE HUNDRED SIXTY-FOUR-I OF THIS TITLE; AND
   (3)  INFORM  THE  PREGNANT  WOMAN THAT THE MATERIALS GIVEN PURSUANT TO
 SECTION FORTY-ONE HUNDRED SIXTY-FOUR-I OF THIS TITLE  ARE  PUBLISHED  BY
 THE  STATE  AND THAT THEY DESCRIBE THE EMBRYO OR FETUS AND LIST AGENCIES
 THAT OFFER ALTERNATIVES TO ABORTION.  THE PREGNANT WOMAN MAY  CHOOSE  TO
 EXAMINE  OR  NOT  TO EXAMINE THE MATERIALS. A PHYSICIAN OR AN AGENT OF A
 PHYSICIAN MAY CHOOSE TO BE DISASSOCIATED  FROM  THE  MATERIALS  AND  MAY
 CHOOSE TO COMMENT OR NOT COMMENT ON THE MATERIALS.
   (D)  IF  IT  HAS  BEEN DETERMINED THAT THE UNBORN HUMAN INDIVIDUAL THE
 PREGNANT WOMAN IS CARRYING HAS A DETECTABLE HEARTBEAT, THE PHYSICIAN WHO
 IS TO PERFORM OR INDUCE THE ABORTION  SHALL  COMPLY  WITH  THE  INFORMED
 CONSENT  REQUIREMENTS  IN SECTION FORTY-ONE HUNDRED SIXTY-FOUR-E OF THIS
 TITLE IN ADDITION TO COMPLYING WITH THE INFORMED CONSENT REQUIREMENTS OF
 THIS SECTION.
   (E) PRIOR TO THE PERFORMANCE OR INDUCEMENT OF THE ABORTION, THE  PREG-
 NANT WOMAN SIGNS A FORM CONSENTING TO THE ABORTION AND CERTIFIES BOTH OF
 THE FOLLOWING ON THAT FORM:
   (1)  SHE  HAS  RECEIVED  THE  INFORMATION  AND  MATERIALS DESCRIBED IN
 SECTION FORTY-ONE HUNDRED SIXTY-FOUR-I OF THIS TITLE, AND HER  QUESTIONS
 ABOUT  THE ABORTION THAT WILL BE PERFORMED OR INDUCED HAVE BEEN ANSWERED
 IN A SATISFACTORY MANNER; AND
   (2) SHE CONSENTS TO THE PARTICULAR  ABORTION  VOLUNTARILY,  KNOWINGLY,
 INTELLIGENTLY,  AND WITHOUT COERCION BY ANY PERSON, AND SHE IS NOT UNDER
 THE INFLUENCE OF ANY DRUG OF ABUSE OR ALCOHOL.
   (F) THE FORM SHALL CONTAIN THE NAME AND  CONTACT  INFORMATION  OF  THE
 PHYSICIAN  WHO  PROVIDED TO THE PREGNANT WOMAN THE INFORMATION DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (G) PRIOR TO THE PERFORMANCE OR INDUCEMENT OF THE ABORTION, THE PHYSI-
 CIAN WHO IS SCHEDULED TO PERFORM OR INDUCE THE ABORTION  OR  THE  PHYSI-
 A. 3307                             5

 CIAN'S  AGENT  RECEIVES  A  COPY  OF THE PREGNANT WOMAN'S SIGNED FORM ON
 WHICH SHE CONSENTS TO THE ABORTION AND THAT INCLUDES  THE  CERTIFICATION
 REQUIRED BY PARAGRAPH (E) OF THIS SUBDIVISION.
   2.  IF THE CONDITIONS SPECIFIED IN THIS SECTION ARE SATISFIED, CONSENT
 TO AN ABORTION SHALL BE PRESUMED TO BE VALID AND EFFECTIVE.
   § 4164-E. INFORMED CONSENT AFTER DETECTION OF A HEARTBEAT. 1.    IF  A
 PERSON  WHO INTENDS TO PERFORM OR INDUCE AN ABORTION ON A PREGNANT WOMAN
 HAS DETERMINED, UNDER SECTION FORTY-ONE  HUNDRED  SIXTY-FOUR-C  OF  THIS
 TITLE,  THAT  THE UNBORN HUMAN INDIVIDUAL THE PREGNANT WOMAN IS CARRYING
 HAS A DETECTABLE HEARTBEAT, THE PERSON SHALL NOT, EXCEPT AS PROVIDED  IN
 SUBDIVISION  TWO  OF  THIS SECTION, PERFORM OR INDUCE THE ABORTION UNTIL
 ALL OF THE FOLLOWING REQUIREMENTS HAVE BEEN MET AND AT LEAST TWENTY-FOUR
 HOURS HAVE ELAPSED AFTER THE LAST OF THE REQUIREMENTS IS MET:
   (A) THE PERSON INTENDING TO  PERFORM  OR  INDUCE  THE  ABORTION  SHALL
 INFORM  THE  PREGNANT  WOMAN IN WRITING THAT THE UNBORN HUMAN INDIVIDUAL
 THE PREGNANT WOMAN IS CARRYING HAS A FETAL HEARTBEAT;
   (B) THE PERSON INTENDING TO  PERFORM  OR  INDUCE  THE  ABORTION  SHALL
 INFORM THE PREGNANT WOMAN, TO THE BEST OF THE PERSON'S KNOWLEDGE, OF THE
 STATISTICAL PROBABILITY OF BRINGING THE UNBORN HUMAN INDIVIDUAL POSSESS-
 ING A DETECTABLE FETAL HEARTBEAT TO TERM BASED ON THE GESTATIONAL AGE OF
 THE  UNBORN  HUMAN  INDIVIDUAL  OR,  IF  THE  COMMISSIONER HAS SPECIFIED
 STATISTICAL PROBABILITY INFORMATION  PURSUANT  TO  RULES  ADOPTED  UNDER
 SUBDIVISION  THREE  OF THIS SECTION, SHALL PROVIDE TO THE PREGNANT WOMAN
 THAT INFORMATION; AND
   (C) THE PREGNANT WOMAN SHALL SIGN A FORM ACKNOWLEDGING THAT THE  PREG-
 NANT WOMAN HAS RECEIVED INFORMATION FROM THE PERSON INTENDING TO PERFORM
 OR  INDUCE  THE  ABORTION  THAT THE UNBORN HUMAN INDIVIDUAL THE PREGNANT
 WOMAN IS CARRYING HAS A FETAL HEARTBEAT AND THAT THE PREGNANT  WOMAN  IS
 AWARE  OF THE STATISTICAL PROBABILITY OF BRINGING THE UNBORN HUMAN INDI-
 VIDUAL THE PREGNANT WOMAN IS CARRYING TO TERM.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 IF  THE  PERSON  WHO  INTENDS TO PERFORM OR INDUCE THE ABORTION BELIEVES
 THAT A MEDICAL EMERGENCY  EXISTS  THAT  PREVENTS  COMPLIANCE  WITH  SUCH
 SUBDIVISION.
   3. THE COMMISSIONER MAY ADOPT RULES THAT SPECIFY INFORMATION REGARDING
 THE  STATISTICAL  PROBABILITY  OF  BRINGING  AN  UNBORN HUMAN INDIVIDUAL
 POSSESSING A DETECTABLE HEARTBEAT TO TERM BASED ON THE  GESTATIONAL  AGE
 OF  THE  UNBORN  HUMAN INDIVIDUAL. THE RULES SHALL BE BASED ON AVAILABLE
 MEDICAL EVIDENCE.
   4. THIS SECTION SHALL NOT HAVE THE EFFECT OF REPEALING OR LIMITING ANY
 OTHER PROVISION OF LAW RELATING TO INFORMED CONSENT FOR AN ABORTION.
   § 4164-F. PERFORMANCE OF ABORTION. 1. (A) A  PERSON  WHO  PERFORMS  OR
 INDUCES  AN  ABORTION  ON  A  PREGNANT  WOMAN  SHALL DO WHICHEVER OF THE
 FOLLOWING IS APPLICABLE:
   (1) IF THE REASON FOR THE ABORTION  PURPORTEDLY  IS  TO  PRESERVE  THE
 HEALTH  OF  THE  PREGNANT  WOMAN,  THE PERSON SHALL SPECIFY IN A WRITTEN
 DOCUMENT THE MEDICAL CONDITION THAT THE ABORTION IS ASSERTED TO  ADDRESS
 AND  THE MEDICAL RATIONALE FOR THE PERSON'S CONCLUSION THAT THE ABORTION
 IS NECESSARY TO ADDRESS THAT CONDITION; OR
   (2) IF THE REASON FOR THE ABORTION  IS  OTHER  THAN  TO  PRESERVE  THE
 HEALTH  OF  THE  PREGNANT  WOMAN,  THE PERSON SHALL SPECIFY IN A WRITTEN
 DOCUMENT THAT MATERNAL HEALTH IS NOT THE PURPOSE OF THE ABORTION.
   (B) THE PERSON WHO SPECIFIES THE INFORMATION IN THE DOCUMENT DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL PLACE  THE  DOCUMENT  IN  THE
 PREGNANT WOMAN'S MEDICAL RECORDS. FOR AT LEAST SEVEN YEARS FROM THE DATE
 A. 3307                             6
 
 THE  DOCUMENT IS CREATED, THE PERSON WHO SPECIFIES THE INFORMATION SHALL
 MAINTAIN A COPY OF THE DOCUMENT IN THE PERSON'S OWN RECORDS.
   2.  IN THE EVENT THAT TESTING REVEALS A FETAL HEARTBEAT AS PROVIDED IN
 SECTION FORTY-ONE HUNDRED SIXTY-FOUR-C OF THIS TITLE, EXCEPT AS PROVIDED
 IN SUBDIVISION THREE OF THIS SECTION,  NO  PERSON  SHALL  KNOWINGLY  AND
 PURPOSEFULLY  PERFORM OR INDUCE AN ABORTION ON A PREGNANT WOMAN WITH THE
 SPECIFIC INTENT OF CAUSING OR ABETTING THE TERMINATION OF  THE  LIFE  OF
 THE  UNBORN  HUMAN  INDIVIDUAL  THE  PREGNANT WOMAN IS CARRYING. WHOEVER
 VIOLATES THE PROVISIONS OF THIS SUBDIVISION IS GUILTY OF ABORTION IN THE
 THIRD DEGREE AS PROVIDED IN SECTION 125.30 OF THE PENAL LAW.
   3. (A) THE PROVISIONS OF SUBDIVISION TWO OF  THIS  SECTION  SHALL  NOT
 APPLY  TO  A  PHYSICIAN  WHO  PERFORMS  A MEDICAL PROCEDURE THAT, IN THE
 PHYSICIAN'S REASONABLE MEDICAL JUDGMENT,  IS  DESIGNED  OR  INTENDED  TO
 PREVENT  THE DEATH OF THE PREGNANT WOMAN OR TO PREVENT A SERIOUS RISK OF
 THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR  BODILY  FUNCTION
 OF  THE  PREGNANT WOMAN, AS PROVIDED IN SECTION FORTY-ONE HUNDRED SIXTY-
 FOUR-G OF THIS TITLE.
   (B) A PHYSICIAN WHO PERFORMS A MEDICAL PROCEDURE AS DESCRIBED IN  THIS
 SUBDIVISION  SHALL  DECLARE,  IN  A  WRITTEN  DOCUMENT, THAT THE MEDICAL
 PROCEDURE IS NECESSARY,  TO  THE  BEST  OF  THE  PHYSICIAN'S  REASONABLE
 MEDICAL  JUDGMENT,  TO  PREVENT  THE  DEATH  OF THE PREGNANT WOMAN OR TO
 PREVENT A SERIOUS RISK OF THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF
 A MAJOR BODILY FUNCTION OF THE PREGNANT  WOMAN.  IN  THE  DOCUMENT,  THE
 PHYSICIAN  SHALL SPECIFY THE PREGNANT WOMAN'S MEDICAL CONDITION THAT THE
 MEDICAL PROCEDURE IS ASSERTED TO ADDRESS AND THE MEDICAL  RATIONALE  FOR
 THE  PHYSICIAN'S  CONCLUSION  THAT THE MEDICAL PROCEDURE IS NECESSARY TO
 PREVENT THE DEATH OF THE PREGNANT WOMAN OR TO PREVENT A SERIOUS RISK  OF
 THE  SUBSTANTIAL  AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION
 OF THE PREGNANT WOMAN.
   (C) A PHYSICIAN WHO PERFORMS A MEDICAL PROCEDURE AS DESCRIBED IN  THIS
 SUBDIVISION  SHALL  PLACE THE WRITTEN DOCUMENT REQUIRED BY THIS SUBDIVI-
 SION IN THE PREGNANT WOMAN'S MEDICAL RECORDS. FOR AT LEAST  SEVEN  YEARS
 FROM  THE  DATE  THE DOCUMENT IS CREATED, THE PHYSICIAN SHALL MAINTAIN A
 COPY OF THE DOCUMENT IN THE PHYSICIAN'S OWN RECORDS.
   4. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION  SHALL  NOT  HAVE
 THE  EFFECT  OF  REPEALING  OR  LIMITING ANY OTHER PROVISION OF LAW THAT
 RESTRICTS OR REGULATES THE PERFORMANCE OR INDUCEMENT OF AN ABORTION BY A
 PARTICULAR METHOD OR DURING A PARTICULAR STAGE OF A PREGNANCY.
   § 4164-G. MEDICAL EMERGENCY. 1. IF  A  MEDICAL  EMERGENCY  OR  MEDICAL
 NECESSITY  COMPELS  THE  PERFORMANCE  OR  INDUCEMENT OF AN ABORTION, THE
 PHYSICIAN WHO WILL PERFORM OR INDUCE THE ABORTION, PRIOR TO ITS PERFORM-
 ANCE OR INDUCEMENT, IF POSSIBLE, SHALL INFORM THE PREGNANT WOMAN OF  THE
 MEDICAL  INDICATIONS SUPPORTING THE PHYSICIAN'S JUDGMENT THAT AN IMMEDI-
 ATE ABORTION IS NECESSARY.
   2. THE PROVISIONS  OF  SECTIONS  FORTY-ONE  HUNDRED  SIXTY-FOUR-D  AND
 FORTY-ONE HUNDRED SIXTY-FOUR-E OF THIS TITLE SHALL NOT APPLY TO A PHYSI-
 CIAN WHO PERFORMS OR INDUCES THE ABORTION IF THE PHYSICIAN BELIEVES THAT
 A MEDICAL EMERGENCY EXISTS THAT PREVENTS COMPLIANCE WITH THOSE SECTIONS.
   3. ANY PHYSICIAN WHO PERFORMS OR INDUCES AN ABORTION WITHOUT THE PRIOR
 SATISFACTION  OF  THE CONDITIONS SPECIFIED IN SECTIONS FORTY-ONE HUNDRED
 SIXTY-FOUR-D AND FORTY-ONE HUNDRED SIXTY-FOUR-E OF THIS TITLE BECAUSE OF
 A MEDICAL EMERGENCY OR MEDICAL NECESSITY SHALL MAKE WRITTEN NOTATIONS IN
 THE PREGNANT WOMAN'S MEDICAL RECORDS OF THE FOLLOWING:
   (A) THE PHYSICIAN'S BELIEF THAT A MEDICAL EMERGENCY NECESSITATING  THE
 ABORTION EXISTED;
 A. 3307                             7
 
   (B)  THE  MEDICAL  CONDITION  OF  THE  PREGNANT  WOMAN THAT ASSERTEDLY
 PREVENTED COMPLIANCE WITH THE PROVISIONS OF SECTIONS  FORTY-ONE  HUNDRED
 SIXTY-FOUR-D AND FORTY-ONE HUNDRED SIXTY-FOUR-E OF THIS TITLE; AND
   (C) THE REASONS FOR THE CONCLUSION THAT A MEDICAL EMERGENCY OR MEDICAL
 NECESSITY EXISTS.
   4.  THE PHYSICIAN SHALL MAINTAIN IN THE PHYSICIAN'S OWN RECORDS A COPY
 OF THE NOTATIONS REFERRED TO IN SUBDIVISION THREE OF THIS SECTION FOR AT
 LEAST SEVEN YEARS FROM THE DATE THE NOTATIONS ARE MADE.
   § 4164-H. REPORTING.  1.  A  PHYSICIAN  WHO  PERFORMS  OR  INDUCES  OR
 ATTEMPTS  TO  PERFORM  OR  INDUCE  AN ABORTION ON A PREGNANT WOMAN SHALL
 SUBMIT A REPORT TO THE DEPARTMENT IN ACCORDANCE WITH THE  FORMS,  RULES,
 AND  REGULATIONS  ADOPTED  BY  THE  DEPARTMENT  THAT INCLUDES ALL OF THE
 INFORMATION THE PHYSICIAN IS REQUIRED TO CERTIFY IN WRITING OR DETERMINE
 UNDER THE PROVISIONS OF THIS TITLE. IF A PERSON OTHER THAN THE PHYSICIAN
 MAKES OR MAINTAINS A RECORD AS REQUIRED ON THE PHYSICIAN'S BEHALF OR  AT
 THE  PHYSICIAN'S  DIRECTION, THAT PERSON SHALL COMPLY WITH THE REPORTING
 REQUIREMENTS AS IF THE PERSON WERE THE PHYSICIAN.
   2. BY SEPTEMBER THIRTIETH OF EACH YEAR, THE DEPARTMENT SHALL  ISSUE  A
 PUBLIC  REPORT  THAT  PROVIDES STATISTICS FOR THE PREVIOUS CALENDAR YEAR
 COMPILED FROM ALL OF THE REPORTS COVERING THAT CALENDAR  YEAR  SUBMITTED
 TO  THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION FOR EACH OF THE ITEMS
 LISTED IN SUBDIVISION ONE OF THIS SECTION. THE REPORT SHALL ALSO PROVIDE
 THE STATISTICS FOR EACH PREVIOUS CALENDAR YEAR IN  WHICH  A  REPORT  WAS
 FILED  WITH THE DEPARTMENT PURSUANT TO THIS SECTION, ADJUSTED TO REFLECT
 ANY ADDITIONAL INFORMATION THAT A PHYSICIAN PROVIDES TO  THE  DEPARTMENT
 IN A LATE OR CORRECTED REPORT.  THE DEPARTMENT SHALL ENSURE THAT NONE OF
 THE  INFORMATION  INCLUDED  IN  THE  REPORT COULD REASONABLY LEAD TO THE
 IDENTIFICATION OF ANY PREGNANT WOMAN UPON WHOM AN ABORTION IS PERFORMED.
   3. THE PHYSICIAN SHALL SUBMIT THE REPORT DESCRIBED IN SUBDIVISION  ONE
 OF THIS SECTION TO THE DEPARTMENT WITHIN FIFTEEN DAYS AFTER THE WOMAN IS
 DISCHARGED. IF THE PHYSICIAN FAILS TO SUBMIT THE REPORT MORE THAN THIRTY
 DAYS  AFTER THAT FIFTEEN-DAY DEADLINE, THE PHYSICIAN SHALL BE SUBJECT TO
 A LATE FEE OF FIVE HUNDRED DOLLARS FOR EACH ADDITIONAL THIRTY-DAY PERIOD
 OR PORTION OF A THIRTY-DAY PERIOD THE REPORT IS OVERDUE. A PHYSICIAN WHO
 IS REQUIRED TO SUBMIT TO THE DEPARTMENT A REPORT UNDER  SUBDIVISION  ONE
 OF  THIS  SECTION AND WHO HAS NOT SUBMITTED A REPORT OR HAS SUBMITTED AN
 INCOMPLETE REPORT MORE THAN ONE YEAR FOLLOWING THE FIFTEEN-DAY  DEADLINE
 MAY,  IN  AN ACTION BROUGHT BY THE DEPARTMENT, BE DIRECTED BY A COURT OF
 COMPETENT JURISDICTION TO SUBMIT A COMPLETE  REPORT  TO  THE  DEPARTMENT
 WITHIN  A  PERIOD  OF  TIME  STATED  IN  A  COURT ORDER OR BE SUBJECT TO
 CONTEMPT OF COURT.
   4. NO PERSON SHALL FALSIFY ANY REPORT  REQUIRED  UNDER  THIS  SECTION.
 WHOEVER  VIOLATES  THE  PROVISIONS OF THIS SECTION IS GUILTY OF ABORTION
 REPORT FALSIFICATION, A CLASS A MISDEMEANOR.
   § 4164-I. DUTIES OF THE DEPARTMENT. 1. THE DEPARTMENT SHALL PUBLISH IN
 ENGLISH AND IN SPANISH, IN A TYPEFACE LARGE ENOUGH TO BE  CLEARLY  LEGI-
 BLE,  AND IN AN EASILY COMPREHENSIBLE FORMAT, THE FOLLOWING MATERIALS ON
 THE DEPARTMENT'S WEB SITE:
   (A) MATERIALS THAT INFORM THE PREGNANT  WOMAN  ABOUT  FAMILY  PLANNING
 INFORMATION, OF PUBLICLY FUNDED AGENCIES THAT ARE AVAILABLE TO ASSIST IN
 FAMILY  PLANNING,  AND  OF PUBLIC AND PRIVATE AGENCIES AND SERVICES THAT
 ARE AVAILABLE TO ASSIST HER THROUGH THE PREGNANCY, UPON CHILDBIRTH,  AND
 WHILE  THE  CHILD  IS DEPENDENT, INCLUDING, BUT NOT LIMITED TO, ADOPTION
 AGENCIES. THE MATERIALS  SHALL  BE  GEOGRAPHICALLY  INDEXED;  INCLUDE  A
 COMPREHENSIVE  LIST  OF  THE  AVAILABLE  AGENCIES,  A DESCRIPTION OF THE
 SERVICES  OFFERED  BY  THE  AGENCIES,  AND  THE  TELEPHONE  NUMBERS  AND
 A. 3307                             8
 
 ADDRESSES OF THE AGENCIES; AND INFORM THE PREGNANT WOMAN ABOUT AVAILABLE
 MEDICAL  ASSISTANCE BENEFITS FOR PRENATAL CARE, CHILDBIRTH, AND NEONATAL
 CARE AND ABOUT THE SUPPORT OBLIGATIONS OF THE FATHER OF A CHILD  WHO  IS
 BORN  ALIVE. THE DEPARTMENT SHALL ENSURE THAT THE MATERIALS DESCRIBED IN
 THIS PARAGRAPH ARE COMPREHENSIVE  AND  DO  NOT  DIRECTLY  OR  INDIRECTLY
 PROMOTE,  EXCLUDE,  OR  DISCOURAGE  THE  USE  OF  ANY  AGENCY OR SERVICE
 DESCRIBED IN THIS SUBDIVISION.
   (B) MATERIALS THAT INFORM THE PREGNANT WOMAN OF THE  PROBABLE  ANATOM-
 ICAL  AND  PHYSIOLOGICAL  CHARACTERISTICS  OF  THE  ZYGOTE,  BLASTOCYTE,
 EMBRYO, OR FETUS  AT  TWO-WEEK  GESTATIONAL  INCREMENTS  FOR  THE  FIRST
 SIXTEEN  WEEKS OF PREGNANCY AND AT FOUR-WEEK GESTATIONAL INCREMENTS FROM
 THE SEVENTEENTH WEEK OF PREGNANCY TO FULL TERM, INCLUDING  ANY  RELEVANT
 INFORMATION  REGARDING  THE  TIME  AT  WHICH THE FETUS POSSIBLY WOULD BE
 VIABLE. THE DEPARTMENT SHALL CAUSE THESE MATERIALS TO BE PUBLISHED  ONLY
 AFTER  IT CONSULTS WITH THE MEDICAL SOCIETY OF THE STATE OF NEW YORK AND
 THE NEW YORK SECTION OF THE AMERICAN COLLEGE OF OBSTETRICIANS AND  GYNE-
 COLOGISTS  RELATIVE TO THE PROBABLE ANATOMICAL AND PHYSIOLOGICAL CHARAC-
 TERISTICS OF A ZYGOTE, BLASTOCYTE,  EMBRYO,  OR  FETUS  AT  THE  VARIOUS
 GESTATIONAL  INCREMENTS. THE MATERIALS SHALL USE LANGUAGE THAT IS UNDER-
 STANDABLE BY THE AVERAGE PERSON WHO IS NOT MEDICALLY TRAINED,  SHALL  BE
 OBJECTIVE  AND NONJUDGMENTAL, AND SHALL INCLUDE ONLY ACCURATE SCIENTIFIC
 INFORMATION ABOUT THE ZYGOTE, BLASTOCYTE, EMBRYO, OR FETUS AT THE  VARI-
 OUS  GESTATIONAL  INCREMENTS.  IF  THE MATERIALS USE A PICTORIAL, PHOTO-
 GRAPHIC, OR OTHER DEPICTION TO PROVIDE INFORMATION REGARDING THE ZYGOTE,
 BLASTOCYTE, EMBRYO, OR FETUS, THE MATERIALS SHALL INCLUDE, IN A CONSPIC-
 UOUS MANNER, A SCALE OR OTHER EXPLANATION THAT IS UNDERSTANDABLE BY  THE
 AVERAGE  PERSON AND THAT CAN BE USED TO DETERMINE THE ACTUAL SIZE OF THE
 ZYGOTE, BLASTOCYTE, EMBRYO, OR FETUS AT A PARTICULAR GESTATIONAL  INCRE-
 MENT  AS  CONTRASTED  WITH  THE DEPICTED SIZE OF THE ZYGOTE, BLASTOCYTE,
 EMBRYO, OR FETUS AT THAT GESTATIONAL INCREMENT.
   2. UPON THE SUBMISSION OF A REQUEST TO THE DEPARTMENT BY  ANY  PERSON,
 HOSPITAL,  PHYSICIAN,  OR MEDICAL FACILITY FOR ONE COPY OF THE MATERIALS
 PUBLISHED IN ACCORDANCE  WITH  SUBDIVISION  ONE  OF  THIS  SECTION,  THE
 DEPARTMENT  SHALL  MAKE THE REQUESTED COPY OF THE MATERIALS AVAILABLE TO
 THE PERSON, HOSPITAL, PHYSICIAN, OR MEDICAL FACILITY THAT REQUESTED  THE
 COPY.
   3.  THE  DEPARTMENT  SHALL  PREPARE  AND  CONDUCT A PUBLIC INFORMATION
 PROGRAM TO INFORM WOMEN OF ALL AVAILABLE GOVERNMENTAL PROGRAMS AND AGEN-
 CIES THAT PROVIDE SERVICES OR ASSISTANCE FOR FAMILY  PLANNING,  PRENATAL
 CARE, CHILD CARE, OR ALTERNATIVES TO ABORTION.
   §  4164-J. CULPABILITY OF THE PHYSICIAN. 1. THE FAILURE OF A PHYSICIAN
 TO SATISFY THE CONDITIONS OF SECTION FORTY-ONE HUNDRED  SIXTY-FOUR-D  OF
 THIS  TITLE  PRIOR TO PERFORMING OR INDUCING AN ABORTION UPON A PREGNANT
 WOMAN MAY BE THE BASIS OF BOTH OF THE FOLLOWING:
   (A) A CIVIL ACTION FOR COMPENSATORY AND EXEMPLARY DAMAGES AS DESCRIBED
 IN SUBDIVISION TWO OF THIS SECTION;
   (B) DISCIPLINARY ACTION UNDER SUBDIVISION FIFTY-ONE OF SECTION  SIXTY-
 FIVE HUNDRED THIRTY OF THE EDUCATION LAW.
   2. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION,
 ANY  PHYSICIAN WHO PERFORMS OR INDUCES AN ABORTION WITH ACTUAL KNOWLEDGE
 THAT THE CONDITIONS SPECIFIED IN SECTION FORTY-ONE HUNDRED  SIXTY-FOUR-D
 OF THIS TITLE HAVE NOT BEEN SATISFIED OR WITH A HEEDLESS INDIFFERENCE AS
 TO WHETHER THOSE CONDITIONS HAVE BEEN SATISFIED IS LIABLE IN COMPENSATO-
 RY  AND EXEMPLARY DAMAGES IN A CIVIL ACTION TO ANY PERSON, OR THE REPRE-
 SENTATIVE OF THE ESTATE OF ANY PERSON, WHO SUSTAINS  INJURY,  DEATH,  OR
 LOSS  TO  PERSON OR PROPERTY AS A RESULT OF THE FAILURE TO SATISFY THOSE
 A. 3307                             9
 
 CONDITIONS. IN THE CIVIL ACTION, THE COURT ADDITIONALLY  MAY  ENTER  ANY
 INJUNCTIVE OR OTHER EQUITABLE RELIEF THAT IT CONSIDERS APPROPRIATE.
   (B)  THE  FOLLOWING  SHALL  BE  AFFIRMATIVE DEFENSES IN A CIVIL ACTION
 AUTHORIZED BY PARAGRAPH (A) OF THIS SUBDIVISION:
   (1) THE PHYSICIAN PERFORMED OR INDUCED THE ABORTION UNDER THE  CIRCUM-
 STANCES  DESCRIBED  IN  SECTION  FORTY-ONE  HUNDRED SIXTY-FOUR-G OF THIS
 TITLE; AND
   (2) THE PHYSICIAN MADE A GOOD FAITH EFFORT TO SATISFY  THE  CONDITIONS
 SPECIFIED IN SECTION FORTY-ONE HUNDRED SIXTY-FOUR-D OF THIS TITLE.
   3.  AN EMPLOYER OR OTHER PRINCIPAL IS NOT LIABLE IN DAMAGES IN A CIVIL
 ACTION AUTHORIZED BY PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION ON
 THE BASIS OF THE DOCTRINE OF RESPONDENT SUPERIOR UNLESS  EITHER  OF  THE
 FOLLOWING APPLIES:
   (A)  THE  EMPLOYER  OR OTHER PRINCIPAL HAD ACTUAL KNOWLEDGE OR, BY THE
 EXERCISE OF REASONABLE DILIGENCE, SHOULD HAVE KNOWN THAT AN EMPLOYEE  OR
 AGENT  PERFORMED  OR  INDUCED AN ABORTION WITH ACTUAL KNOWLEDGE THAT THE
 CONDITIONS SPECIFIED IN SECTION FORTY-ONE HUNDRED SIXTY-FOUR-D  OF  THIS
 TITLE  HAD  NOT  BEEN  SATISFIED  OR  WITH A HEEDLESS INDIFFERENCE AS TO
 WHETHER THOSE CONDITIONS HAD BEEN SATISFIED; OR
   (B) THE EMPLOYER OR OTHER PRINCIPAL NEGLIGENTLY FAILED TO  SECURE  THE
 COMPLIANCE  OF  AN  EMPLOYEE  OR  AGENT  WITH  SECTION FORTY-ONE HUNDRED
 SIXTY-FOUR-D OF THIS TITLE.
   4. THE PROVISIONS OF THIS SECTION SHALL BE THE EXCLUSIVE CIVIL  REMEDY
 FOR PERSONS, OR THE REPRESENTATIVES OF ESTATES OF PERSONS, WHO ALLEGEDLY
 SUSTAIN  INJURY,  DEATH,  OR LOSS TO PERSON OR PROPERTY AS A RESULT OF A
 FAILURE TO SATISFY THE CONDITIONS SPECIFIED IN SECTION FORTY-ONE HUNDRED
 SIXTY-FOUR-D OF THIS TITLE.
   § 4164-K. CULPABILITY OF THE PREGNANT WOMAN. A PREGNANT WOMAN ON  WHOM
 AN  ABORTION  IS  PERFORMED OR INDUCED IN VIOLATION OF THE PROVISIONS OF
 THIS TITLE IS NOT GUILTY OF VIOLATING ANY OF THOSE  PROVISIONS;  IS  NOT
 GUILTY  OF  ATTEMPTING TO COMMIT, CONSPIRING TO COMMIT, OR COMPLICITY IN
 COMMITTING A VIOLATION OF ANY OF THOSE PROVISIONS; AND IS NOT SUBJECT TO
 A CIVIL PENALTY BASED ON THE ABORTION  BEING  PERFORMED  OR  INDUCED  IN
 VIOLATION OF ANY OF THOSE PROVISIONS.
   §  4164-L.  CIVIL  ACTION. 1. A WOMAN WHO MEETS ANY ONE OR MORE OF THE
 FOLLOWING CRITERIA MAY FILE A CIVIL ACTION FOR THE WRONGFUL DEATH OF HER
 UNBORN CHILD:
   (A) A WOMAN ON WHOM AN ABORTION WAS PERFORMED OR INDUCED IN  VIOLATION
 OF  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  SECTION FORTY-ONE HUNDRED
 SIXTY-FOUR-C  OR  SUBDIVISION   TWO   OF   SECTION   FORTY-ONE   HUNDRED
 SIXTY-FOUR-F OF THIS TITLE;
   (B)  A  WOMAN ON WHOM AN ABORTION WAS PERFORMED OR INDUCED WHO WAS NOT
 GIVEN THE INFORMATION DESCRIBED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION
 ONE OF SECTION FORTY-ONE HUNDRED SIXTY-FOUR-E OF THIS TITLE OR  WHO  DID
 NOT SIGN A FORM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION
 FORTY-ONE HUNDRED SIXTY-FOUR-E OF THIS TITLE.
   2.  A  WOMAN  WHO PREVAILS IN AN ACTION FILED UNDER SUBDIVISION ONE OF
 THIS SECTION SHALL RECEIVE BOTH OF THE FOLLOWING  FROM  THE  PERSON  WHO
 COMMITTED  THE  ONE  OR  MORE  ACTS DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION:
   (A) DAMAGES IN AN AMOUNT EQUAL TO TEN THOUSAND DOLLARS  OR  AN  AMOUNT
 DETERMINED  BY THE TRIER OF FACT AFTER CONSIDERATION OF THE EVIDENCE (AT
 THE MOTHER'S ELECTION AT ANY TIME PRIOR TO FINAL  JUDGMENT)  SUBJECT  TO
 THE  SAME  DEFENSES AND REQUIREMENTS OF PROOF, EXCEPT ANY REQUIREMENT OF
 LIVE BIRTH, AS WOULD APPLY TO A SUIT FOR THE WRONGFUL DEATH OF  A  CHILD
 WHO HAD BEEN BORN ALIVE; AND
 A. 3307                            10
 
   (B) COURT COSTS AND REASONABLE ATTORNEY'S FEES.
   3.  IF  THE DEFENDANT IN AN ACTION FILED UNDER SUBDIVISION ONE OF THIS
 SECTION PREVAILS AND THE COURT FINDS THE ACTION  TO  BE  FRIVOLOUS,  THE
 COURT SHALL AWARD THE DEFENDANT REASONABLE ATTORNEY'S FEES IN ACCORDANCE
 WITH  SECTION EIGHTY-THREE HUNDRED THREE-A OF THE CIVIL PRACTICE LAW AND
 RULES.
   § 3. Section 6530 of the education law is  amended  by  adding  a  new
 subdivision 51 to read as follows:
   (51)  FAILURE  TO COMPLY WITH ANY OF THE REQUIREMENTS REGARDING MAKING
 OR MAINTAINING MEDICAL RECORDS OR DOCUMENTS DESCRIBED IN SUBDIVISION ONE
 OF SECTION FORTY-ONE HUNDRED SIXTY-FOUR-C, SUBDIVISIONS ONE AND THREE OF
 SECTION FORTY-ONE HUNDRED SIXTY-FOUR-F OR SUBDIVISION THREE  OF  SECTION
 FORTY-ONE HUNDRED SIXTY-FOUR-G OF THE PUBLIC HEALTH LAW.
   §  4.  The penal law is amended by adding a new section 125.30 to read
 as follows:
 § 125.30 ABORTION IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ABORTION IN THE THIRD  DEGREE  WHEN  HE  OR  SHE
 COMMITS  AN ABORTIONAL ACT UPON A FEMALE, BEFORE DETERMINING WHETHER THE
 UNBORN HUMAN INDIVIDUAL THE PREGNANT FEMALE IS CARRYING HAS A DETECTABLE
 HEARTBEAT, AS PROVIDED IN TITLE  FIVE-B  OF  ARTICLE  FORTY-ONE  OF  THE
 PUBLIC HEALTH LAW.
   ABORTION IN THE THIRD DEGREE IS A CLASS E FELONY.
   §  5.  a.  There  is hereby created the joint legislative committee on
 adoption promotion and support. The committee may review  or  study  any
 matter that it considers relevant to the operation of the adoption proc-
 ess  in  New  York,  with priority given to the study or review of mech-
 anisms to enhance the effectiveness and awareness of the process.
   b. The committee shall  consist  of  three  members  of  the  assembly
 appointed by the speaker of the assembly and three members of the senate
 appointed  by  the  temporary president of the senate. Not more than two
 members appointed by the speaker of the assembly and not more  than  two
 members appointed by the temporary president of the senate may be of the
 same  political  party.  Each  member of the committee shall hold office
 during the legislative session in which  the  member  is  appointed  and
 until a successor has been appointed, notwithstanding the adjournment of
 the  session  in which the member was appointed or the expiration of the
 member's term as a member of the legislature.  Any  vacancies  occurring
 among  the members of the committee shall be filled in the manner of the
 original appointment.
   c. The committee shall have the  same  powers  as  other  standing  or
 select committees of the legislature.
   §  6.  a.  A  court  judgment  or  order suspending enforcement of any
 provision of this act shall not to be regarded as tantamount  to  repeal
 of that provision.
   b. After the issuance of a decision by the supreme court of the United
 States  overruling ROE V. WADE, 410 U.S. 113 (1973), the issuance of any
 other court order or judgment restoring, expanding,  or  clarifying  the
 authority  of  states  to  prohibit  or regulate abortion entirely or in
 part, or the effective date of an amendment to the Constitution  of  the
 United  States  restoring,  expanding,  or  clarifying  the authority of
 states to prohibit or regulate abortion entirely or in part, the  attor-
 ney general may apply to the pertinent state or federal court for either
 or both of the following:
   (1)  A  declaration  that  any  one or more provisions of this act are
 constitutional;
 A. 3307                            11
 
   (2) A judgment or order lifting an injunction against the  enforcement
 of any one or more provisions of this act.
   c.  If the attorney general fails to apply for the relief described in
 this section within the thirty-day period after  the  occurrence  of  an
 event  described in subdivision b of this section, any county prosecutor
 may apply to the appropriate state or federal court for such relief.
   § 7. The commissioner of the department of health  is  authorized  and
 directed  to promulgate all rules and regulations he or she deems neces-
 sary and appropriate to implement the  provisions  of  this  act  on  or
 before its effective date, including, but not limited to:
   a.  rules  specifying the appropriate methods of determining the pres-
 ence of a fetal heartbeat of an  unborn  individual  based  on  standard
 medical practice; and
   b.  information  required  to  be  submitted by a physician performing
 abortions to the department of health.
   § 8. 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-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   §  9. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.