STATE OF NEW YORK ________________________________________________________________________ 4338 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ 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: 1 Section 1. Legislative findings and intent. The legislature finds that 2 it is in the state's interest to ensure pregnant New Yorkers have timely 3 access to the full range of reproductive health services that are avail- 4 able to them, including prenatal care, emergency contraception, and 5 abortion. Article 25-A of the public health law, commonly referred to as 6 the reproductive health act of 2019 guarantees this right, clearly stat- 7 ing that "every individual who becomes pregnant has the fundamental 8 right to choose to carry the pregnancy to term, to give birth to a 9 child, or to have an abortion, pursuant to this article". 10 Moreover, the legislature finds that due to the sensitive timing of 11 receiving emergency contraception, the importance of receiving prompt 12 prenatal care in ensuring a healthy pregnancy, and statutory timeframes 13 that limit the legality of abortion services, pregnant New Yorkers must 14 receive timely and accurate information regarding their pregnancy. The 15 health care options available to them must be presented free from unnec- 16 essary delay or religious or moral persuasion. Any delay in receiving 17 reproductive health care services can lead to negative outcomes for the 18 pregnant person and their fetus, or a complete loss in ability to 19 receive emergency contraception or abortion services, effectively elimi- 20 nating their reproductive autonomy. 21 The legislature is aware that some limited service pregnancy centers 22 that are ideologically opposed to comprehensive reproductive health care 23 employ deceptive practices on customers that avail themselves of their 24 services. These practices include presenting themselves as medical EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06119-01-5
A. 4338 2 1 facilities through the use of medical history and health insurance 2 intake, wearing of medical clothes and devices such as lab coats and 3 stethoscopes, and siting of facilities near licensed health care facili- 4 ties. Pregnant New Yorkers who have visited limited service pregnancy 5 centers that are religiously or philosophically opposed to abortion have 6 been inappropriately led to believe that they have received care from a 7 New York state licensed health care professional. Although the legisla- 8 ture respects the right for individuals to seek any reproductive 9 services they wish to seek, it is critical that pregnant New Yorkers are 10 not misled into believing they have received services and medical coun- 11 seling from a licensed provider when in actuality they have received 12 unlicensed counseling from someone who is unwilling to objectively 13 discuss how to seek emergency contraception or abortion, and is unable 14 to refer for those services. 15 Therefore, it is the intent of the legislature to ensure pregnant 16 individuals are fully informed as to whether they are receiving services 17 and counseling from a licensed medical professional when they seek 18 prenatal care, emergency contraception, or abortion services. 19 § 2. The public health law is amended by adding a new section 2509-e 20 to read as follows: 21 § 2509-e. Limited services pregnancy centers; disclosure. 1. Any 22 limited services pregnancy center shall be required to disclose to a 23 client that it does not have a licensed medical provider on staff who 24 provides or directly supervises the provision of all reproductive health 25 services at such limited services pregnancy center. 26 2. For the purposes of this section, the following terms shall have 27 the following meanings: 28 (a) "Limited services pregnancy center" means a facility or entity, 29 including a mobile facility, the primary purpose of which is to provide 30 services to clients who are or may be pregnant, that: 31 (i) (1) is not a health care facility licensed by the state of New 32 York under article twenty-eight of this chapter or articles thirty-one 33 and thirty-two of the mental hygiene law; or 34 (2) is not providing services under the direction of a health care 35 provider licensed under title eight of the education law who is acting 36 within such health care provider's scope of practice; and 37 (ii) fails to provide or refer for the full range of comprehensive 38 reproductive and sexual health care services reimbursed under the 39 state's Medicaid program including, but not limited to contraception, 40 testing and treatment of sexually transmitted infections, abortion care, 41 and prenatal care. 42 (b) "Licensed medical provider" means a person licensed or otherwise 43 authorized under the provisions of article one hundred thirty-one, one 44 hundred thirty-one-A, one hundred thirty-one-B, one hundred thirty-nine, 45 or one hundred forty of the education law, to provide medical services. 46 3. The disclosure required by subdivision one of this section shall 47 be: 48 (a) provided in writing, in English and Spanish in a form prescribed 49 by the commissioner, and such written disclosure shall be posted in the 50 entrance of the limited services pregnancy center and in any area where 51 clients wait to receive services where it can easily be read by its 52 clients; and 53 (b) conducted orally upon first communication or first contact with 54 the client or potential client by staff assisting the potential client, 55 and such disclosure shall further be reasonably understandable to the 56 client.
A. 4338 3 1 4. Any person who believes that a violation of this section has 2 occurred may file a complaint with the department. Within thirty days of 3 receiving such complaint, the department shall investigate such 4 complaint and determine whether a violation has occurred. 5 5. Any limited services pregnancy center violating the provisions of 6 this section shall be subject to a civil fine of not less than two 7 hundred dollars and not more than one thousand dollars on the first 8 violation and not less than five hundred dollars and not more than twen- 9 ty-five hundred dollars on the second and all subsequent violations. 10 § 3. This act shall take effect immediately.