Relates to establishing the born alive abortion survivors' protection act that places requirements on health care practitioners present at the time a child is born alive during an abortion.
Summary
Bill A02195 seeks to amend the public health law in New York by establishing the Born Alive Abortion Survivors' Protection Act. This legislation mandates that any healthcare practitioner present at the time a child is born alive during an abortion must provide the same level of care and skill to preserve the child's life as they would for any other child born at the same gestational age. Furthermore, the bill requires that the child be immediately transported to a hospital for further care. Violations of this act can lead to criminal charges, including class A misdemeanors for non-compliance and more severe penalties for intentional harm to the child.
Impact
If enacted, this bill would significantly alter the legal obligations of healthcare practitioners in New York regarding the treatment of infants born alive during abortion procedures. It introduces new legal responsibilities and potential liabilities for practitioners, as well as civil recourse for mothers whose children are not provided the mandated care. This could lead to increased scrutiny of abortion practices and may affect the overall landscape of reproductive health services in the state.
Sentiment
The sentiment surrounding Bill A02195 appears to be divisive, reflecting broader national debates on abortion rights and fetal personhood. Supporters argue that the bill is necessary to protect the lives of infants born alive during abortion procedures, while opponents contend that it could undermine women's reproductive rights and impose undue burdens on healthcare providers. The lack of voting history and committee discussions indicates that the bill may still be in the early stages of legislative consideration.
Contention
Notable points of contention include the implications of the bill for women's rights and the potential criminalization of healthcare providers. Advocates for reproductive rights argue that the bill could lead to increased legal risks for practitioners and may discourage them from providing necessary services. Conversely, proponents assert that the bill is a crucial step in safeguarding the lives of vulnerable infants. This divide often falls along party lines, with many Republican lawmakers supporting the bill and many Democrats opposing it.
Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.