Reproductive Health Act
Strengthen New York's Reproductive Health
Law
The Reproductive Health Act will protect the right to choose
or refuse abortion and to choose or refuse contraception.
In the face of aggressive federal attacks on reproductive rights,
New York's laws need to be strengthened to protect women's health
and safety. In 2007, the US Supreme Court set a new and dangerous
precedent when it upheld an abortion restriction that eroded the
protection of a woman's health.
New York has a proud tradition of protecting reproductive rights.
In 1970, New York was one of the first states in the nation to
permit safe and legal abortion, greatly reducing maternal morbidity
and mortality. While the law was groundbreaking at the time, it
does not contain a health exception and needs to be strengthened
to safeguard women's health and reproductive rights.
The Reproductive Health Act is needed
because:
- We must protect women in the face of aggressive federal attacks
on their health and rights.
- If the federal government continues to chip away at reproductive
rights, New York's law will be insufficient to protect a woman's
health.
- We need to strengthen state law to firmly establish the protection
of a woman's health.
- We must protect an individual's right to make private reproductive
health care decisions without government intrusion.
- Laws related to abortion services should be located in the
public health code.
- We have the chance to strengthen our laws and continue New
York's proud tradition of supporting women's reproductive health
and rights.
It is important to know what The Reproductive
Health Act would NOT do:
- The Act would not force religiously affiliated hospitals
to provide abortion services. The Act does not change existing
state and federal laws that allow providers to refrain from
performing abortions based on their moral or religious beliefs.
- The Act would not allow unqualified medical professionals
to provide abortion services. The provision of abortion without
the proper qualifications would lead to medical misconduct charges.
- The Act would not legalize abortion through all nine
months of pregnancy. Consistent with Roe v. Wade, the Act would
allow abortion up to the time of viability and after that, only
if there is a threat to the woman's health or life.
- The Act would not prevent additional regulations on
abortion services in New York. The State will continue to regulate
abortion in the same way it regulates the delivery of other
health care services. The Act would prevent the State from imposing
regulations on the provision of abortion that have no relation
to health or safety.
The Act clearly states: "Nothing
in this article shall prohibit the enforcement of generally applicable
statutes and regulations governing matters such as practitioner
licensing, pharmaceuticals and medical devices, and medical procedures."
The Reproductive Health Act does not change current practice.