AN ACT to amend the public health law, in relation to enacting the
reproductive health act and revising existing provisions of law
regarding abortion; to amend the penal law, the criminal procedure
law, the county law and the judiciary law, in relation to abortion; to
repeal certain provisions of the public health law relating to
abortion; to repeal certain provisions of the education law relating
to the sale of contraceptives; and to repeal certain provisions of the
penal law relating to abortion
26 ARTICLE 25-A
27 REPRODUCTIVE HEALTH ACT
28 Section 2599-aa. Policy and purpose.
29 2599-bb. Abortion.
30 § 2599-aa. Policy and purpose. The legislature finds that comprehen-
31 sive reproductive health care is a fundamental component of every indi-
32 vidual’s health, privacy and equality. Therefore, it is the policy of
33 the state that:
34 1. Every individual has the fundamental right to choose or refuse
35 contraception or sterilization.
36 2. Every individual who becomes pregnant has the fundamental right to
37 choose to carry the pregnancy to term, to give birth to a child, or to
38 have an abortion, pursuant to this article.
39 3. The state shall not discriminate against, deny, or interfere with
40 the exercise of the rights set forth in this section in the regulation
41 or provision of benefits, facilities, services or information.
42 § 2599-bb. Abortion. 1. A health care practitioner licensed, certi-
43 fied, or authorized under title eight of the education law, acting with-
44 in his or her lawful scope of practice, may perform an abortion when,
45 according to the practitioner’s reasonable and good faith professional
46 judgment based on the facts of the patient’s case: the patient is within
47 twenty-four weeks from the commencement of pregnancy, or there is an
48 absence of fetal viability, or the abortion is necessary to protect the
49 patient’s life or health.
50 2. This article shall be construed and applied consistent with and
51 subject to applicable laws and applicable and authorized regulations
52 governing health care procedures.
1 § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal
2 law are REPEALED, and the article heading of article 125 of the penal
3 law is amended to read as follows:
4 HOMICIDE[, ABORTION] AND RELATED OFFENSES
5 § 6. Section 125.00 of the penal law is amended to read as follows:
6 § 125.00 Homicide defined.
7 Homicide means conduct which causes the death of a person [or an
8 unborn child with which a female has been pregnant for more than twen-
9 ty-four weeks] under circumstances constituting murder, manslaughter in
10 the first degree, manslaughter in the second degree, or criminally
11 negligent homicide[, abortion in the first degree or self-abortion in
12 the first degree].
13 § 7. The section heading, opening paragraph and subdivision 1 of
14 section 125.05 of the penal law are amended to read as follows:
15 Homicide[, abortion] and related offenses; [definitions of terms]
17 The following [definitions are] definition is applicable to this arti-
19 [1.] “Person,” when referring to the victim of a homicide, means a
20 human being who has been born and is alive.
That’s right: it is no longer murder to kill a child right up until the moment of birth
SUMMARY AS INTRODUCED:
Abortion; eliminate certain requirements. Eliminates the requirement that an abortion in the second trimester of pregnancy and prior to the third trimester be performed in a hospital. The bill eliminates all the procedures and processes, including the performance of an ultrasound, required to effect a woman’s informed written consent to the performance of an abortion; however, the bill does not change the requirement that a woman’s informed written consent be first obtained. The bill eliminates the requirement that two other physicians certify that a third trimester abortion is necessary to prevent the woman’s death or impairment of her mental or physical health, as well as the need to find that any such impairment to the woman’s health would be substantial and irremediable. The bill also removes language classifying facilities that perform five or more first-trimester abortions per month as hospitals for the purpose of complying with regulations establishing minimum standards for hospitals.
§ 18.2-73. When abortion lawful during second trimester of pregnancy.
Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy.
Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2-73, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to the second trimester, provided that the following conditions are met:
The following are actually REMOVED under this bill:
(a) 1. Said operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
(b) 2. The physician and two consulting physicians certify certifies and so enter enters in the hospital record of the woman, that in their the physician’s medical opinion, based upon their the physician’s best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.
(c) 3. Measures for life support for the product of such abortion or miscarriage must shall be available and utilized if there is any clearly visible evidence of viability.
§ 18.2-76. Informed written consent required.
A. Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in § 18.2-72, 18.2-73, or 18.2-74, the physician shall obtain the informed written consent of the pregnant woman. However, if the woman has been adjudicated incapacitated by any court of competent jurisdiction or if the physician knows or has good reason to believe that such woman is incapacitated as adjudicated by a court of competent jurisdiction, then only after permission is given in writing by a parent, guardian, committee, or other person standing in loco parentis to the woman, may the physician perform the abortion or otherwise terminate the pregnancy.
B. At least 24 hours before the performance of an abortion, a qualified medical professional trained in sonography and working under the supervision of a physician licensed in the Commonwealth shall perform fetal transabdominal ultrasound imaging on the patient undergoing the abortion for the purpose of determining gestational age. If the pregnant woman lives at least 100 miles from the facility where the abortion is to be performed, the fetal ultrasound imaging shall be performed at least two hours before the abortion. The ultrasound image shall contain the dimensions of the fetus and accurately portray the presence of external members and internal organs of the fetus, if present or viewable. Determination of gestational age shall be based upon measurement of the fetus in a manner consistent with standard medical practice in the community for determining gestational age. When only the gestational sac is visible during ultrasound imaging, gestational age may be based upon measurement of the gestational sac. If gestational age cannot be determined by a transabdominal ultrasound, then the patient undergoing the abortion shall be verbally offered other ultrasound imaging to determine gestational age, which she may refuse. A print of the ultrasound image shall be made to document the measurements that have been taken to determine the gestational age of the fetus.
The provisions of this subsection shall not apply if the woman seeking an abortion is the victim of rape or incest, if the incident was reported to law-enforcement authorities. Nothing herein shall preclude the physician from using any ultrasound imaging that he considers to be medically appropriate pursuant to the standard medical practice in the community.
C. The qualified medical professional performing fetal ultrasound imaging pursuant to subsection B shall verbally offer the woman an opportunity to view the ultrasound image, receive a printed copy of the ultrasound image and hear the fetal heart tones pursuant to standard medical practice in the community, and shall obtain from the woman written certification that this opportunity was offered and whether or not it was accepted and, if applicable, verification that the pregnant woman lives at least 100 miles from the facility where the abortion is to be performed. A printed copy of the ultrasound image shall be maintained in the woman’s medical record at the facility where the abortion is to be performed for the longer of (i) seven years or (ii) the extent required by applicable federal or state law.
D. For purposes of this section:
“Informed written consent” means the knowing and voluntary written consent to abortion by a pregnant woman of any age, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion by the physician who is to perform the abortion or his agent. The basic information to effect such consent, as required by this subsection, shall be provided by telephone or in person to the woman at least 24 hours before the abortion by the physician who is to perform the abortion, by a referring physician, or by a licensed professional or practical nurse working under the direct supervision of either the physician who is to perform the abortion or the referring physician; however, the information in subdivision 5 may be provided instead by a licensed health-care professional working under the direct supervision of either the physician who is to perform the abortion or the referring physician. This basic information shall include:
1. A full, reasonable and comprehensible medical explanation of the nature, benefits, and risks of and alternatives to the proposed procedures or protocols to be followed in her particular case;
2. An instruction that the woman may withdraw her consent at any time prior to the performance of the procedure;
3. An offer for the woman to speak with the physician who is to perform the abortion so that he may answer any questions that the woman may have and provide further information concerning the procedures and protocols;
4. A statement of the probable gestational age of the fetus at the time the abortion is to be performed and that fetal ultrasound imaging shall be performed prior to the abortion to confirm the gestational age; and
5. An offer to review the printed materials described in subsection F. If the woman chooses to review such materials, they shall be provided to her in a respectful and understandable manner, without prejudice and intended to give the woman the opportunity to make an informed choice and shall be provided to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by first-class mail or, if the woman requests, by certified mail, restricted delivery. This offer for the woman to review the material shall advise her of the following:
(i) the Department of Health publishes printed materials that describe the unborn child and list agencies that offer alternatives to abortion;
(ii) medical assistance benefits may be available for prenatal care, childbirth and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department;
(iii) the father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion, that assistance in the collection of such support is available, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department;
(iv) she has the right to review the materials printed by the Department and that copies will be provided to her free of charge if she chooses to review them; and
(v) a statewide list of public and private agencies and services that provide ultrasound imaging and auscultation of fetal heart tone services free of charge. Where the woman has advised that the pregnancy is the result of a rape, the information in clause (iii) may be omitted.
3. What Is This Exactly?
These are just so wrong.
Even those who are “pro-choice” should be shocked at the idea of killing an infant that within minutes or hours would have been born. Of course, even “clumps of cells” aborted don’t always die. See here.
Apparently it’s no longer an issue of “when” children can be aborted. Guess the new slippery slope is how long after birth can we kill them.
Just call it a 4th trimester abortion.
Remember kids: it’s not murder as long as your mother is complicit in it.