New York ‘Life Appropriations Act’ and D&E Ban (A 8077)
This law was last updated on Sep 9, 2019
A 8077 would ban state funding of abortion and prohibit certain second-trimester abortions.
Life Appropriations Act
The bill would prohibit the state from awarding a grant to pay the direct or indirect costs of performing, inducing, referring, or counseling in favor of abortions, including without limitation:
- Administrative costs and expenses;
- Overhead costs;
- Employee salaries;
- Rent and mortgage payments; and
- Telephone and other utility payments.
The bill would prohibit the state from granting, appropriating or distributing a grant to an individual or entity that performs, induces, refers or counsels, in favor of “convenience abortions.” The bill would also prohibit the state from distributing a grant to an affiliate of any such person or entity.
The bill defines “convenience abortion” to mean:
[…]an elective abortion that means the act of using or prescribing an instrument, medicine, drug, device or another substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.
An abortion would not be considered a “convenience abortion” when it is done to:
- save the life of the pregnant person;
- save the life or preserve the health of the fetus;
- remove a fetus caused my a spontaneous abortion;
- remove an ectopic pregnancy; or
- abort and remove a fetus that is the result of rape or incest.
The bill clarifies that it does not affect the funding of a hospital, medical school or university. The restrictions would also not apply to funding available through New York’s Medicaid Program.
The bill claims that such appropriations constitute an endorsement of “nonsecular conduct that is inseparably linked to the religion of Secular Humanism.”
The bill claims that abortion clinics “tend to erode community standards of decency.”
20-Week Abortion Ban
Except in the case of a medical emergency, the bill would prohibit abortion at 20 weeks unless each of the following conditions are met:
- the abortion is necessary to prevent either the death of the pregnant person or the substantial and irreversible impairment of a major bodily function of the person;
- the physician performing the abortion certifies in writing of such a condition and their judgment is concurred by a second licensed physician;
- the abortion is performed in a hospital;
- the physician terminates the pregnancy in a manner which provides the best opportunity for the fetus to survive; and
- a second physician is present during the abortion to provide immediate medical care after extraction.
The bill would require the pregnant patient to have a private, in-person medical consultation with a physician to enable the physician to determine whether the abortion is necessary.
D and E Ban
The bill would prohibit a person from performing or attempting to perform a “dismemberment” abortion upon a pregnant person when the gestational age of the fetus is less than 20 weeks unless both of the following apply:
- a physician certifies in writing that the abortion is necessary to prevent either the death of the pregnant person or the substantial and irreversible impairment of a major bodily function of the person; and
- the physician’s judgement is concurred in writing by a second physician—based on their separate medical examination of the pregnant patient.
The bill defines “dismemberment abortion” to mean:
[…]the act of knowingly and purposefully causing the death of an unborn child by means of dismembering the the unborn child and extracting the unborn child one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors or similar instruments.
This provision targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)
The bill would require abortion providers to submit a report of each abortion performed and include the following information:
- identification of the physician who performed the abortion, the concurring physician, the second physician present during the abortion, the facility where the abortion is performed; and any referring physician, agency or service;
- the county and state in which the pregnant person resides;
- the pregnant person’s age;
- the number of prior pregnancies and prior abortions of the pregnant person;
- the gestational age of the fetus;
- pre-existing medical conditions of the pregnant person which would complicate pregnancy, and, if known, any medical complication which resulted from the abortion itself;
- why the physician believed the abortion was necessary to prevent the patient’s death or serious injury;
- the weight of the aborted fetus; and
- the basis for any medical judgement that a medical emergency existed.
The “Life Appropriations Act” provision is based on model legislation drafted by Chris Sevier, who is known for filing anti-LGBTQ stunt lawsuits.
5/31/19 – Introduced; referred to Assembly Health Committee.