Bill > A579

Introduced Session

This bill requires a physician to provide a patient with an opportunity to undergo an ultrasound or sonogram and view an ultrasound or sonogram image of the embryo or fetus within 48 hours of a referral for an abortion, or at least 48 hours prior to an abortion procedure being performed, whichever is later. Any health irregularity that may endanger the health or safety of the patient disclosed by the ultrasound or sonogram must be communicated to the patient at least 24 hours prior to the scheduled abortion procedure. If a "medical emergency" exists with respect to the patient, the physician is not required to comply with the ultrasound or sonogram requirements of this bill, but must certify the specific medical condition that exists and include the certification in the patient's medical file. A "medical emergency," as defined by this bill, means a condition which, in the reasonable medical judgment made by a responsible licensed physician who is knowledgeable about the patient's medical condition and her treatment options, and by virtue of the physician's knowledge and experience, establishes that a delay in commencing an abortion procedure would create a serious risk or cause grave and irreversible physical harm entailing substantial impairment of a major bodily function, not including any psychological or emotional condition or function. Pursuant to the bill, the Department of Health and Senior Services is required to develop and distribute a form for physicians to use to verify in writing, within 14 workdays of the procedure or referral for the procedure, that the patient was offered an opportunity to undergo an ultrasound or sonogram and view the ultrasound or sonogram image prior to the abortion procedure being performed. Under the bill, a physician who knowingly fails or refuses to offer a patient desiring an abortion the opportunity undergo an ultrasound or sonogram and view the ultrasound or sonogram image prior to performing the abortion procedure shall be subject to civil penalties. Upon a finding by a court of competent jurisdiction that a respondent in an action commenced under this bill has knowingly violated a provision thereof, the court shall notify the State Board of Medical Examiners, and assess a civil penalty against the respondent in an amount of no less than $10,000, but not to exceed $100,000. Upon a second or subsequent offense, the court shall notify the State Board of Medical Examiners, and access a civil penalty against the respondent in an amount of no less than $25,000, but not to exceed $250,000. A patient who has had an abortion in violation of the provisions of this bill, or a parent or legal guardian of an unemancipated minor who has had an abortion in violation of the provisions of this bill, may commence a civil action against the physician for any willful violation thereof and seek actual and punitive damages. This bill takes effect on the 90th day after enactment, but the Commissioner of Health and Senior Services may take anticipatory administrative action in advance thereof in order to implement the provisions of this bill.

AI Summary

Committee Categories

John DiMaio (R)*,  Harold Wirths (R)*,  Ronald Dancer (R),  Parker Space (R), 

Introduced, Referred to Assembly Women and Children Committee (on 01/14/2020)

Official Document