Abortion Access in New York

1. What are the state-level laws governing abortion access in New York?


In New York, abortion is legal and accessible throughout all nine months of pregnancy. There are no gestational limits on access to the procedure. The state requires that all healthcare providers offering abortion services must be properly licensed. There are also some restrictions in place regarding parental involvement, with minors under the age of 18 needing to obtain either parental consent or judicial bypass in order to receive an abortion. In addition, if an abortion is performed after 24 weeks of gestation, the healthcare provider must certify that the procedure is medically necessary due to the woman’s physical or mental health. Financial assistance for abortion services is available for eligible patients through Medicaid and other state-funded programs.

2. When did the state of New York legalize abortion?


The New York State Legislature passed the Reproductive Health Act in 2019, which made abortion legal in the state of New York up to 24 weeks of pregnancy, or if a woman’s life or health was at risk.

3. How does the state of New York regulate abortion procedures?


New York State regulates abortion procedures by requiring that all abortions be performed in a licensed health facility. All abortion care provided in the state must adhere to the state’s regulation of abortion facilities, which includes the scope of services provided, the qualifications of personnel, facility requirements, and reporting requirements. Additionally, New York State prohibits abortion after 24 weeks of pregnancy unless necessary to protect the life or health of the woman. The state also requires all patients seeking an abortion to receive counseling from a qualified health care provider at least 24 hours before the procedure is performed.

4. What are the legal requirements for obtaining an abortion in New York?


In New York, abortion is legal up to the 24th week of pregnancy and later if the woman’s health is endangered by the pregnancy. A woman seeking an abortion must receive information about the procedure and its risks at least 24 hours before the procedure and must sign a consent form. In addition, minors must receive parental consent before receiving an abortion. Finally, abortion is only available from authorized providers, such as a licensed physician or certified nurse practitioner.

5. Does the state of New York offer comprehensive reproductive health services?


Yes, the state of New York offers comprehensive reproductive health services. These services include birth control, reproductive cancer screenings, STI testing and treatment, preconception health care, and abortion services.

6. Does New York have any restrictions on late-term abortions?


Yes, New York has restrictions on late-term abortions. The state allows late-term abortions when the life or health of the patient is at risk. As per the New York State Department of Health, no abortion can be performed after 24 weeks of fetal viability, unless a licensed physician certifies that the abortion is necessary to protect the life or health of the patient.

7. What is the parental consent law for minors seeking an abortion in New York?


In New York, minors must obtain written consent from a parent or legal guardian before having an abortion.

8. Does New York fund abortion services through Medicaid?


Yes, New York State does fund abortion services through Medicaid. The New York State Department of Health states that “the New York State Medicaid Program covers medically necessary abortion services”.

9. Does New York require that women receive counseling prior to obtaining an abortion?


No, New York does not require that women receive counseling prior to obtaining an abortion.

10. Does New York impose waiting periods before a woman can obtain an abortion?


Yes, New York imposes a 24-hour waiting period before a woman can obtain an abortion.

11. Are there any restrictions on telemedicine abortion services in New York?


Yes, there are restrictions on telemedicine abortion services in New York. New York requires that all telemedicine abortion services must be provided by a licensed physician, and the physician must have a valid New York medical license and registration. Additionally, the physician must have a valid state-issued controlled substance registration license and certification to provide abortion services via telemedicine. Furthermore, the physician must be physically present during the consultation and must obtain informed consent from the patient prior to providing the service. Lastly, the patient must receive all medications at an appropriate healthcare setting.

12. Is insurance coverage for abortion services available in New York?


Yes, insurance coverage for abortion services is available in New York. New York has passed the Reproductive Health Act, which ensures that insurance plans provide coverage for abortions. Insurance plans are required to cover medically necessary abortions without any cost-sharing from the patient.

13. Does the state of New York require providers to offer medically accurate information about abortion services?


Yes, the state of New York requires providers to offer medically accurate information about abortion services.

14. Are there any laws regarding the disposal of fetal remains in New York?


Yes, New York has laws regarding the disposal of fetal remains. All healthcare facilities that provide abortion services must provide for the dignified disposal of fetal remains. Currently, the only lawful method for disposal of fetal remains in New York is burial or cremation. The law requires that the facility must obtain written consent from the patient prior to disposal, and must ensure that all necessary legal documentation is completed. In addition, any facility that provides abortion services must provide information to the patient regarding her rights to arrange for the burial or cremation of fetal remains.

15. Are there any restrictions on the use of public funds for abortion services in New York?


Yes. Public funds can only be used for abortions when the life of the mother is at risk or in cases of rape or incest, according to New York state law.

16. Is there a ban on abortion based on sex selection in New York?


No, New York does not have a ban on abortion based on sex selection.

17. Does New York allow pharmacists to refuse to fill prescriptions for contraception or abortion medication?


Yes, pharmacists in New York are allowed to refuse to fill prescriptions for contraception or abortion medication. Pharmacists must provide patients with written notification of their refusal, and direct them to an alternative pharmacist or other health care provider.

18. Does the state of New York require parental notification if a minor seeks an abortion?


Yes, the state of New York does require parental notification if a minor seeks an abortion. Under current state law, a minor seeking an abortion must obtain the informed written consent of a parent or legal guardian.

19. Is there an informed consent requirement for women seeking an abortion in New York?


Yes, women seeking an abortion in New York must give informed consent prior to the procedure. This includes receiving information about the risks and benefits of the procedure, alternatives to the procedure, and any other relevant information.

20. What are the requirements for a safe and legal abortion in New York?


In New York, an abortion can be legally performed if:

1. The person is within the first 24 weeks of pregnancy.
2. The abortion is performed by a licensed physician or a qualified health care provider.
3. The abortion is done in a hospital or clinic licensed and approved by the Department of Health.
4. The patient has given her informed consent before the procedure, and has been provided with information about available alternatives to abortion.
5. The patient has been given a physical examination by a qualified physician or health care provider, and any necessary tests have been administered.
6. The patient has been given counseling related to the medical, emotional, and social aspects of the procedure.
7. If the patient is under 18 years old, parental consent must be obtained, unless a judicial waiver or other exception applies.