NEW YORK. New York Consolidated Laws. _

 

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[Executive Law]

 

  291. Equality of opportunity a civil right. 1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex or marital status is hereby recognized as and declared to be a civil right.

2. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommodations and commercial space without discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex or marital status, as specified in section two hundred ninety-six of this article, is hereby recognized as and declared to be a civil right.

3. The opportunity to obtain medical treatment of an infant prematurely born alive in the course of an abortion shall be the same as the rights of an infant born spontaneously.

 

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[Public Health Law]

  

17. Release of medical records. Upon the written request of any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or conservator of a conservatee, an examining, consulting or treating physician or hospital must release and deliver, exclusive of personal notes of the said physician or hospital, copies of all x-rays, medical records and test records including all laboratory tests regarding that patient to any other designated physician or hospital provided, however, that such records concerning the treatment of an infant patient for venereal disease or the performance of an abortion operation upon such infant patient shall not be released or in any manner be made available to the parent or guardian of such infant, and provided, further, that original mammograms, rather than copies thereof, shall be released and delivered.

 

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4160. Fetal deaths; registration. 1. Fetal death is defined as death prior to the complete expulsion or extraction from its mother of a product of conception; the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

2. A fetal death shall be registered within seventy-two hours after expulsion of such fetus, by filing directly with the commissioner a certificate of such death. In addition, a report of fetal death shall be reported to the registrar in the district in which the fetal death occurred.

3. For the purposes of this article, a fetal death shall be considered as a birth and as a death except that, for a fetal death, separate birth and death certificates shall not be required to be prepared and recorded.

4. Local registrars of each district in which fetal death certificates were filed prior to the effective date of this subdivision shall dispose of such certificates in the manner prescribed by the commissioner.

5. Notwithstanding any other provision of this chapter, the disclosure of information filed pursuant to this section shall be limited to the mother, her lawful representative and to authorized personnel of the department.

  

4161. Fetal death certificates; form and content; physicians, midwives and hospital administrators. 1. The certificate of fetal death and the report of fetal death shall contain such information and be in such form as the commissioner may prescribe, except that unless requested by the woman neither the certificate nor the report of fetal death shall contain the name of the woman, her social security number or any other information which would permit her to be identified except as provided in this subdivision. The report shall state that a certificate of fetal death was filed with the commissioner and the date of such filing. The commissioner shall develop a unique, confidential identifier to be used on the certificate of fetal death to be used in connection with the exercise of the commissioner's authority to monitor the quality of care provided by any individual or entity licensed to perform an abortion in this state and to permit coordination of data concerning the medical history of the woman for purposes of conducting surveillance scientific studies and research pursuant to the provisions of paragraph (j) of subdivision one of section two hundred six of this chapter.

2. In each case where a physician was in attendance at, or after, a fetal death it shall be the duty of such physician to certify to the birth and to the cause of death on the fetal death certificate. Where a nurse-midwife was in attendance at a fetal death it shall be the duty of such nurse-midwife to certify to the birth but she shall not certify to the cause of death on the fetal death certificate.

3. Fetal deaths occurring without the attendance of a physician as defined in subdivision two of this section shall be treated as deaths without medical attendance, as provided in this article.

4. When a fetal death occurs in a hospital, except in those cases where certificates are issued by coroners or medical examiners, the person in charge of such hopistal or his designated representative shall promptly present the certificate to the physician in attendance or a physician acting in his behalf who shall promptly certify to the facts of birth and of fetal death, provide the medical information required by the certificate, sign the medical certificate of birth and death and thereupon return such certificate to such person, so that the seventy-two hour registration time limit prescribed in section four thousand one hundred sixty of this chapter can be met.

  

4162. Fetal deaths; burial and removal; permits. 1. A permit shall be required for the removal, transportation, burial or other disposition of remains resulting from a fetal death, other than fetal tissue, hydatidiform mole or other evidence of pregnancy recovered by curettage or operative procedures or other products of conception of under twenty weeks uterogestation.

2. Such permit shall be issued by the local registrar of the district in which the fetal death occurred upon presentation by the funeral director of a report of fetal death, on the form prescribed by the commissioner. The issuance of such permit shall be subject to the provisions of title IV of this article.

 

4163. Penalties. Any person who shall release information which might disclose the identity of the woman in connection with a certificate of fetal death or report of fetal death in violation of the provisions of this title shall be subject to a civil penalty not to exceed five thousand dollars for each such release. Such penalty may be recovered in the same manner as the penalty provided in section twelve of this chapter.

  

4164. Induced viable births. 1. When an abortion is to be performed after the twelfth week of pregnancy it shall be performed only in a hospital and only on an in-patient basis [This provision is unconstitutional and unenforceable]. When an abortion is to be performed after the twentieth week of pregnancy, a physician other than the physician performing the abortion shall be in attendance to take control of and to provide immediate medical care for any live birth that is the result of the abortion. The commissioner of health is authorized to promulgate rules and regulations to insure the health and safety of the mother and the viable child, in such instances.

2. Such child shall be accorded immediate legal protection under the laws of the state of New York, including but not limited to applicable provisions of the social services law, article five of the civil rights law and the penal law.

3. The medical records of all life-sustaining efforts put forth for such a live aborted birth, their failure or success, shall be kept by attending physician. All other vital statistics requirements in the public health law shall be complied with in regard to such aborted child.

4. In the event of the subsequent death of the aborted child, the disposal of the dead body shall be in accordance with the requirements of this chapter.

 

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[Penal Law]

 

125.00 Homicide defined.

Homicide means conduct which causes the death of a person or an unborn child with which a female has been pregnant for more than twenty-four weeks under circumstances constituting murder, manslaughter in the first degree, manslaughter in the second degree, criminally negligent homicide, abortion in the first degree or self-abortion in the first degree.

 

125.05 Homicide, abortion and related offenses; definitions of terms.

The following definitions are applicable to this article:

1. "Person," when referring to the victim of a homicide, means a human being who has been born and is alive.

2. "Abortional act" means an act committed upon or with respect to a female, whether by another person or by the female herself, whether she is pregnant or not, whether directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause a miscarriage of such female.

3. "Justifiable abortional act." An abortional act is justifiable when committed upon a female with her consent by a duly licensed physician acting (a) under a reasonable belief that such is necessary to preserve her life, or, (b) within twenty-four weeks from the commencement of her pregnancy. A pregnant female's commission of an abortional act upon herself is justifiable when she acts upon the advice of a duly licensed physician (1) that such act is necessary to preserve her life, or, (2) within twenty-four weeks from the commencement of her pregnancy. The submission by a female to an abortional act is justifiable when she believes that it is being committed by a duly licensed physician, acting under a reasonable belief that such act is necessary to preserve her life, or, within twenty-four weeks from the commencement of her pregnancy.

 

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125.40 Abortion in the second degree.

A person is guilty of abortion in the second degree when he commits an abortional act upon a female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Abortion in the second degree is a class E felony.

 

125.45 Abortion in the first degree.

A person is guilty of abortion in the first degree when he commits upon a female pregnant for more than twenty-four weeks an abortional act which causes the miscarriage of such female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Abortion in the first degree is a class D felony.

 

125.50 Self-abortion in the second degree.

A female is guilty of self-abortion in the second degree when, being pregnant, she commits or submits to an abortional act upon herself, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Self-abortion in the second degree is a class B misdemeanor.

 

125.55 Self-abortion in the first degree.

A female is guilty of self-abortion in the first degree when, being pregnant for more than twenty-four weeks, she commits or submits to an abortional act upon herself which causes her miscarriage, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Self-abortion in the first degree is a class A misdemeanor.

  

125.60 Issuing abortional articles.

A person is guilty of issuing abortional articles when he manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in unlawfully procuring the miscarriage of a female.

Issuing abortional articles is a class B misdemeanor.

  

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240.70 Criminal interference with health care services or religious worship in the second degree.

1. A person is guilty of criminal interference with health services or religious worship in the second degree when:

(a) by force or threat of force or by physical obstruction, he or she intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person because such other person was or is obtaining or providing reproductive health services; or

(b) by force or threat of force or by physical obstruction, he or she intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person in order to discourage such other person or any other person or persons from obtaining or providing reproductive health services; or

(c) by force or threat of force or by physical obstruction, he or she intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person because such person was or is seeking to exercise the right of religious freedom at a place of religious worship; or

(d) he or she intentionally damages the property of a health care facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages the property of a place of religious worship.

2. A parent or legal guardian of a minor shall not be subject to prosecution for conduct otherwise prohibited by paragraph (a) or (b) of subdivision one of this section which is directed exclusively at such minor.

3. For purposes of this section:

(a) the term "health care facility" means a hospital, clinic, physician's office or other facility that provides

reproductive health services, and includes the building or structure in which the facility is located;

(b) the term "interferes with" means to restrict a person's freedom of movement;

(c) the term "intimidates" means to place a person in reasonable apprehension of physical injury to himself or herself or to another person;

(d) the term "physical obstruction" means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous; and

(e) the term "reproductive health services" means health care services provided in a hospital, clinic, physician's office or other facility and includes medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.

Criminal interference with health care services or religious worship in the second degree is a class A misdemeanor.

 

240.71 Criminal interference with health care services or religious worship in the first degree.

A person is guilty of criminal interference with health care services or religious worship in the first degree when he or she commits the crime of criminal interference with health care services or religious worship in the second degree and has been previously convicted of the crime of criminal interference with health care services or religious worship in the first or second degree.

Criminal interference with health care services or religious worship in the first degree is a class E felony.

   

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[Civil Rights Law] 

 

79-i. Discrimination against person who refuses to perform certain act prohibited. 1. When the performing of an abortion on a human being or assisting thereat is contrary to the conscience or religious beliefs of any person, he may refuse to perform or assist in such abortion by filing a prior written refusal setting forth the reasons therefor with the appropriate and responsible hospital, person, firm, corporation or association, and no such hospital, person, firm, corporation or association shall discriminate against the person so refusing to act.

A violation of the provisions of this section shall constitute a misdemeanor.

2. No civil action for negligence or malpractice shall be maintained against a person so refusing to act based on such refusal.

 

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New York Code of Rules and Regulations

 

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Title 10.

 

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405.9 Admission/discharge.

(a) General.

(1) The governing body shall establish and implement written admission and discharge policies to protect the health and safety of the patients and shall not assign or delegate the functions of admission and discharge to any referral agency and shall not permit the splitting or sharing of fees between a referring agency and the hospital.

(b) Admission. (1) Each patient shall be advised of their rights pursuant to section 405.7 of this Part and, as appropriate, the criteria for Medicaid eligibility.

 

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(10) No hospital shall be required to admit any patient for the purpose of performing an induced termination of pregnancy, nor shall any hospital be liable for its failure or refusal to participate in any such act, provided that the hospital shall inform the patient of its decision not to participate in such an act or acts. The hospital in such event shall inform the patient of appropriate resources for services or information.

 

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756.1 General requirements. When abortion services are provided, the operator shall ensure that:

(a) the center complies with the requirements set forth in section 755.3(b)-(d) and, if there are anesthesia services, section 755.4, and also complies with sections 755.6 through 755.8 of this Title;

(b) there is a documented plan and procedure for the transfer of patients to a nearby hospital when hospitalization is indicated. Such plans shall include arrangements for an ambulance service and, when appropriate, escort of the patient to the hospital by a clinical staff member of the abortion service; and

(c) services are provided in accordance with current standards of professional practice.

 

Section 756.1 - General Requirements

756.2 Medical director. In addition to the requirements set forth in section 751.4 of this Title, if the medical director is not an obstetrician/gynecologist who meets the definition of a qualified specialist as set forth in section 700.2 of this Title, there shall be consultation from an obstetrician/gynecologist in the development of policies and procedures governing the provision of abortion services.

 

756.3 Patient management. The operator shall ensure that:

(a) prior to performing the procedure, the patient receives a complete physical examination, with appropriate tests for a positive pregnancy diagnosis and sonography if there is a question of gestational age, and the results are documented in the patient's medical record;

(b) after the procedure, an evaluation of the physical and emotional status of the patient is made and documented in the patient's medical record;

(c) information and counseling about alternative methods of birth control are made available by a health care professional to all patients who want such information;

(d) referral is made to another facility for family planning services, if not available at the center, and if desired by the patient; and

(e) the determination of blood group and Rh type is made prior to the termination of pregnancy. The patient is evaluated for the risk of sensitization to Rho(D) antigen and, if the use of Rh immune globulin is indicated and the patient consents, an appropriate dosage is administered within 72 hours after the termination of pregnancy.

 

756.4 Physician services. The operator shall ensure that:

(a) physicians performing abortions at the center are qualified through training and experience; and

(b) at least one physician has admitting privileges at a hospital in order to ensure the necessary back-up for care.

 

756.5 Nursing services. The operator shall ensure that:

(a) nursing services are staffed to assure that the nursing needs of all patients are met;

(b) patient care responsibilities are delineated in writing for all nursing service personnel;

(c) as a minimum, a licensed nurse is present in each treatment room when an abortion procedure is being performed;

(d) the recovery area is staffed to allow for continual observation of post-procedure patients;

(e) if abortions are performed in operating rooms, a registered professional nurse is in charge of the nursing services in the operating rooms;

(f) if there are rooms for post-operative recovery of patients, a registered professional nurse is in charge of the nursing services for the recovery rooms to ensure continual observation of post-operative patients; and

(g) only registered professional nurses function as circulating nurses in the operating room.

 

756.6 Qualify assurance. In addition to the requirements set forth in section 751.8 of this Title, the operator shall ensure that there is a review of any abortion procedure complication with the use of these findings in the development and revision of policies and in consideration of renewing or granting staff privileges.

 

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[New York allows women eligible for state medical assistance for general health care to obtain public funds to pay for a medically necessary abortion. "Medically necessary" is defined as necessary to prevent, diagnose, correct, or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with a person's capacity for normal activity, or threaten some significant handicap. N.Y. Soc. Serv. Law 365-a(2); Medicaid Management Information System, Provider Manual, Physician, 2-71 (Rev. Dec. 1997). This information is taken from the NARAL Pro-Choice America website.]