2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
394-E - Report on request for abortional services.


NY Gen Bus L § 394-E (2012) What's This?
 
    §  394-e.  Report  on  request for abortional services. 1. It shall be
  unlawful for any person, firm or  corporation  doing  business  in  this
  state  to  furnish  a  report of a referral for abortional services or a
  report of an inquiry or request therefor, to any  person  or  government
  agency unless such person, firm or corporation has reasonable grounds to
  believe  that  the  person or government agency requesting the report is
  (a) a law enforcement agency, or (b) the state department of  health  or
  the  department  of health of the city of New York, or (c) authorized in
  writing by the subject of such report, or (d) unless such  person,  firm
  or  corporation shall have been ordered to furnish such report by a duly
  constituted court having jurisdiction to  issue  such  an  order.  Every
  request  for such a report shall be in writing and identify the name and
  address of the requestor. A request by a law  enforcement  agency  shall
  include  a  sworn  statement  that  the  agency is requesting the report
  solely for law enforcement purposes.
    2. A person may bring a civil action for  damages  or  to  restrain  a
  person, firm or corporation from violating this act or both and, in such
  case,  if it is found that such person, firm or corporation has wilfully
  violated this act the violator shall, in addition to any  liability  for
  actual  damages  as may be shown, be liable for exemplary damages of not
  less than one hundred dollars and not more than ten thousand dollars for
  each violation together with costs and reasonable  attorney's  fees  and
  disbursements incurred by the person bringing the action.
    3.  Except as provided in this section, no person, firm or corporation
  shall be entitled to claim any privilege, absolute  or  qualified  as  a
  defense  in  any  civil  action  brought  by  a  person aggrieved by the
  publication or dissemination of information  relating  to  referral  for
  abortional services or an inquiry or request therefor.
    4.  Any  person  who  requests  or  obtains a report of a referral for
  abortional services or an inquiry or request therefor from  any  person,
  firm  or  corporation under false pretenses or furnishes a report to any
  person except in accordance with this section shall be guilty of a class
  A misdemeanor.

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