NEW YORK NEW YORK. Defending Life 2012 RANKING: 44

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1 747 RANKING: 44 New Yrk lags behind ther states in prtecting the health and safety f wmen cnsidering r seeking abrtin. It des nt have either an infrmed cnsent r parental invlvement law, nr des it prvide effective limits n the public funding f abrtin. ABORTION: New Yrk des nt have an infrmed cnsent law fr abrtin and des nt prtect the right f parents t be invlved in the abrtin decisins f their minr daughters. In Hpe v. Perales, the due prcess prvisin f the New Yrk Cnstitutin was interpreted as prtecting a wman s right t abrtin. New Yrk taxpayers are required t fund medically necessary abrtins fr wmen receiving public assistance. New Yrk s requirement that abrtins after the first trimester be perfrmed in hspitals is, under current federal precedent, unenfrceable. Hwever, the state limits the perfrmance f abrtins t licensed physicians. New Yrk prvides funding t pregnancy care centers and ther abrtin alternatives. The state has an enfrceable abrtin reprting law, but des nt require the reprting f infrmatin t the Centers fr Disease Cntrl (CDC). The measure pertains t bth surgical and nnsurgical abrtins. Hspitals prviding emergency care fr sexual assault victims must prvide emergency cntraceptin. Health plans that prvide prescriptin cverage must prvide cverage fr cntraceptin. The prvisin includes an exemptin s narrw it excludes the ability f mst emplyers and insurers with mral r religius bjectins frm exercising the exemptin. New Yrk maintains the crime f aggravated interference with health care services in the first and secnd degrees. The statute prvides, in pertinent part, that a persn is guilty f the crime f aggravated interference with health care services when he r she causes physical injury t such ther persn wh was btaining r prviding, r Defending Life 2012

2 748 was assisting anther persn t btain r prvide reprductive health services. LEGAL RECOGNITION OF UNBORN AND NEWLY BORN: Under New Yrk law, the killing f an unbrn child after the 24th week f pregnancy is defined as a hmicide. The state allws wrngful death (civil) actins nly when an unbrn child is brn alive fllwing a negligent r criminal act and dies thereafter. New Yrk law states the pprtunity t btain medical treatment f an infant prematurely brn alive in the curse f an abrtin shall be the same as the rights f an infant brn spntaneusly. Thus, the state has created a specific affirmative duty f physicians t prvide medical care and treatment t brn-alive infants at any stage f develpment. New Yrk has a Baby Mses law, establishing a safe haven fr mthers t legally leave their infants at designated places and ensuring the infants receive apprpriate care and prtectin. The state funds drug treatment prgrams fr pregnant wmen and newbrns. BIOETHICS LAWS: New Yrk des nt prhibit human clning, destructive embry research, r fetal experimentatin. New Yrk maintains a state bard t disburse state mnies fr destructive embry research. The mnies may nt fund clning-t-prduce-children. Further, New Yrk is the first state t publicly fund the dangerus prcedure f egg harvesting. The state des nt regulate assisted reprductive technlgies. END OF LIFE LAWS: New Yrk expressly prhibits assisted suicide. Under a criminal statute, assisted suicide is defined as a frm f manslaughter. This prhibitin has been upheld by the U.S. Supreme Curt. Americans United fr Life

3 749 HEALTHCARE RIGHTS OF CONSCIENCE LAWS: Participatin in Abrtin: A persn wh bjects in writing and n the basis f religius beliefs r cnscience is nt required t perfrm r assist in an abrtin. Staff members f the Department f Scial Services may refuse t prvide family planning services if in cnflict with their cultural values, cnscience, r religius cnvictins. Participatin in Research Harmful t Human Life: New Yrk currently prvides n prtectin fr the rights f healthcare prviders wh cnscientiusly bject t participatin in human clning, destructive embry research, and ther frms f immral medical research. WHAT HAPPENED IN 2011: New Yrk cnsidered a measure requiring infrmed cnsent prir t an abrtin, as well as a measure requiring parental ntificatin. Cnversely, the state cnsidered a number f anti-life measures, including legislatin impsing unnecessary regulatry burdens n pregnancy care centers; defining as aggravated harassment in the third degree the phtgraphing f persns entering r leaving reprductive healthcare facilities; and creating a state versin f the Freedm f Chice Act (FOCA), elevating abrtin r reprductive privacy t a fundamental state cnstitutinal right and invalidating existing state regulatins and restrictins n abrtin. A preliminary injunctin has been filed in tw cases challenging a New Yrk City rdinance frcing pregnancy care centers t make written and verbal disclsures that they d nt refer fr abrtins. The city has appealed the cases t the Secnd Circuit. New Yrk cnsidered legislatin prtecting unbrn victims f vilence, as well as measures aimed at curbing substance abuse by pregnant wmen and related t the lawful abandnment f infants under circumstances that ensure their health and safety. New Yrk cnsidered measures bth prhibiting clning fr all purpses and nly prhibiting clning-t-prduce-children. Similarly, the state cnsidered measures t fund unethical frms f research, but als t encurage ethical frms f research. Defending Life 2012

4 750 The state cnsidered a number f measures related t assisted reprductive technlgies. In regard t end-f-life issues, New Yrk cnsidered a measure relating t advanced planning dcuments, as well as measures related t pain management and palliative care. New Yrk did nt cnsider any measures related t healthcare rights f cnscience. Americans United fr Life

5 751 RECOMMENDATIONS FOR TOP PRIORITIES: State Cnstitutinal Amendment (prviding that there is n state cnstitutinal right t abrtin) Persnhd Preamble Abrtin Mandate Opt-Out Act Abrtin Subsidy Prhibitin Act Wmen s Right t Knw Act Parental Ntificatin fr Abrtin Act Wmen s Health Prtectin Act Abrtin-Inducing Drugs Safety Act Crimes Against the Unbrn Child Act OTHER PRIORITIES: Abrtin Wmen s Ultrasund Right t Knw Act Cercive Abuse Against Mthers Preventin Act Child Prtectin Act Jint Reslutin Cmmending Pregnancy Centers Legal Recgnitin and Prtectin fr the Unbrn: Unbrn Wrngful Death Act Pregnant Wman s Prtectin Act Biethics: Human Clning Prhibitin Act Destructive Embry Research Act Prhibitin n Public Funding f Human Clning and Destructive Embry Research Act Healthcare Freedm f Cnscience: Healthcare Freedm f Cnscience Act Americans United fr Life