S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9773
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to requiring  limited
   services  pregnancy  centers  to  disclose to clients that they do not
   have a licensed medical provider on staff
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and intent. The legislature finds that
 it is in the state's interest to ensure pregnant New Yorkers have timely
 access to the full range of reproductive health services that are avail-
 able  to  them,  including  prenatal  care, emergency contraception, and
 abortion. Article 25-A of the public health law, commonly referred to as
 the reproductive health act of 2019 guarantees this right, clearly stat-
 ing that "every individual who  becomes  pregnant  has  the  fundamental
 right  to  choose  to  carry  the  pregnancy to term, to give birth to a
 child, or to have an abortion, pursuant to this article".
   Moreover, the legislature finds that due to the  sensitive  timing  of
 receiving  emergency  contraception,  the importance of receiving prompt
 prenatal care in ensuring a healthy pregnancy, and statutory  timeframes
 that  limit the legality of abortion services, pregnant New Yorkers must
 receive timely and accurate information regarding their  pregnancy.  The
 health care options available to them must be presented free from unnec-
 essary  delay  or  religious or moral persuasion. Any delay in receiving
 reproductive health care services can lead to negative outcomes for  the
 pregnant  person  and  their  fetus,  or  a  complete loss in ability to
 receive emergency contraception or abortion services, effectively elimi-
 nating their reproductive autonomy.
   The legislature is aware that some limited service  pregnancy  centers
 that are ideologically opposed to comprehensive reproductive health care
 employ  deceptive  practices on customers that avail themselves of their
 services. These  practices  include  presenting  themselves  as  medical
 facilities  through  the  use  of  medical  history and health insurance
 intake, wearing of medical clothes and devices such  as  lab  coats  and
 stethoscopes, and siting of facilities near licensed health care facili-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15140-01-4
 A. 9773                             2
 
 ties.  Pregnant  New  Yorkers who have visited limited service pregnancy
 centers that are religiously or philosophically opposed to abortion have
 been inappropriately led to believe that they have received care from  a
 New  York state licensed health care professional. Although the legisla-
 ture respects  the  right  for  individuals  to  seek  any  reproductive
 services they wish to seek, it is critical that pregnant New Yorkers are
 not  misled into believing they have received services and medical coun-
 seling from a licensed provider when in  actuality  they  have  received
 unlicensed  counseling  from  someone  who  is  unwilling to objectively
 discuss how to seek emergency contraception or abortion, and  is  unable
 to refer for those services.
   Therefore,  it  is  the  intent  of the legislature to ensure pregnant
 individuals are fully informed as to whether they are receiving services
 and counseling from a  licensed  medical  professional  when  they  seek
 prenatal care, emergency contraception, or abortion services.
   §  2.  The public health law is amended by adding a new section 2509-d
 to read as follows:
   § 2509-D. LIMITED  SERVICES  PREGNANCY  CENTERS;  DISCLOSURE.  1.  ANY
 LIMITED  SERVICES  PREGNANCY  CENTER  SHALL BE REQUIRED TO DISCLOSE TO A
 CLIENT THAT IT DOES NOT HAVE A LICENSED MEDICAL PROVIDER  ON  STAFF  WHO
 PROVIDES OR DIRECTLY SUPERVISES THE PROVISION OF ALL REPRODUCTIVE HEALTH
 SERVICES AT SUCH LIMITED SERVICES PREGNANCY CENTER.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "LIMITED SERVICES PREGNANCY CENTER" MEANS A  FACILITY  OR  ENTITY,
 INCLUDING  A MOBILE FACILITY, THE PRIMARY PURPOSE OF WHICH IS TO PROVIDE
 SERVICES TO CLIENTS WHO ARE OR MAY BE PREGNANT, THAT:
   (I) (1) IS NOT A HEALTH CARE FACILITY LICENSED BY  THE  STATE  OF  NEW
 YORK  UNDER  ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR ARTICLES THIRTY-ONE
 AND THIRTY-TWO OF THE MENTAL HYGIENE LAW; OR
   (2) IS NOT PROVIDING SERVICES UNDER THE DIRECTION  OF  A  HEALTH  CARE
 PROVIDER  LICENSED  UNDER TITLE EIGHT OF THE EDUCATION LAW WHO IS ACTING
 WITHIN SUCH HEALTH CARE PROVIDER'S SCOPE OF PRACTICE; AND
   (II) FAILS TO PROVIDE OR REFER FOR THE  FULL  RANGE  OF  COMPREHENSIVE
 REPRODUCTIVE  AND  SEXUAL  HEALTH  CARE  SERVICES  REIMBURSED  UNDER THE
 STATE'S MEDICAID PROGRAM INCLUDING, BUT NOT  LIMITED  TO  CONTRACEPTION,
 TESTING AND TREATMENT OF SEXUALLY TRANSMITTED INFECTIONS, ABORTION CARE,
 AND PRENATAL CARE.
   (B)  "LICENSED  MEDICAL PROVIDER" MEANS A PERSON LICENSED OR OTHERWISE
 AUTHORIZED UNDER THE PROVISIONS OF ARTICLE ONE HUNDRED  THIRTY-ONE,  ONE
 HUNDRED THIRTY-ONE-A, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-NINE,
 OR ONE HUNDRED FORTY OF THE EDUCATION LAW, TO PROVIDE MEDICAL SERVICES.
   3.  THE  DISCLOSURE  REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL
 BE:
   (A) PROVIDED IN WRITING, IN ENGLISH AND SPANISH IN A  FORM  PRESCRIBED
 BY  THE COMMISSIONER, AND SUCH WRITTEN DISCLOSURE SHALL BE POSTED IN THE
 ENTRANCE OF THE LIMITED SERVICES PREGNANCY CENTER AND IN ANY AREA  WHERE
 CLIENTS  WAIT  TO  RECEIVE  SERVICES  WHERE IT CAN EASILY BE READ BY ITS
 CLIENTS; AND
   (B) CONDUCTED ORALLY UPON FIRST COMMUNICATION OR  FIRST  CONTACT  WITH
 THE  CLIENT OR POTENTIAL CLIENT BY STAFF ASSISTING THE POTENTIAL CLIENT,
 AND SUCH DISCLOSURE SHALL FURTHER BE REASONABLY  UNDERSTANDABLE  TO  THE
 CLIENT.
   4.  ANY  PERSON  WHO  BELIEVES  THAT  A  VIOLATION OF THIS SECTION HAS
 OCCURRED MAY FILE A COMPLAINT WITH THE DEPARTMENT. WITHIN THIRTY DAYS OF
 A. 9773                             3
 
 RECEIVING  SUCH  COMPLAINT,  THE  DEPARTMENT  SHALL   INVESTIGATE   SUCH
 COMPLAINT AND DETERMINE WHETHER A VIOLATION HAS OCCURRED.
   5.  ANY  LIMITED SERVICES PREGNANCY CENTER VIOLATING THE PROVISIONS OF
 THIS SECTION SHALL BE SUBJECT TO A CIVIL  FINE  OF  NOT  LESS  THAN  TWO
 HUNDRED  DOLLARS  AND  NOT  MORE  THAN ONE THOUSAND DOLLARS ON THE FIRST
 VIOLATION AND NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN TWEN-
 TY-FIVE HUNDRED DOLLARS ON THE SECOND AND ALL SUBSEQUENT VIOLATIONS.
   § 3. This act shall take effect immediately.