{{About|a New York state law|the Philippine law also known as the "Reproductive Health Act"|Responsible Parenthood and Reproductive Health Act of 2012}} {{Infobox U.S. State legislation | State = New York | Full_name = Reproductive Health Act | Introduced = January 9, 2019 | Assembly_Voted = January 22, 2019 (92-47) | Senate_Voted = January 22, 2019 (38-24) | Signed = January 22, 2019 | Sponsors = Deborah J. Glick (Assembly),<br>Liz Krueger (Senate) | Governor = Andrew Cuomo | Code = | Section = | Resolution = | Associated_bills = | Status = current | Acronym = RHA }} The '''Reproductive Health Act''' is a New York law enacted on January 22, 2019 that protects reproductive rights, decriminalized abortion, and eliminated several restrictions on voluntary abortions in the state.<ref name="auto22">{{cite news|last=Bump|first=Bethany|date=22 January 2019|title=Cuomo signs Reproductive Health Act after Legislature votes|url=https://www.timesunion.com/news/article/New-York-lawmakers-to-vote-on-abortion-rights-13551825.php|website=Times Union}}</ref> The RHA repealed §4164 of the state Public Health Law.<ref name="senatevote22">{{cite web|date=2 January 2019|title=NY State Senate Bill S240|url=https://www.nysenate.gov/legislation/bills/2019/s240|website=NY State Senate}}</ref> The law has received national media attention.<ref name="democratandchronicle.com">{{cite web|url=https://www.democratandchronicle.com/story/news/politics/albany/2019/02/01/abortion-law-ny-what-reproductive-health-act-does-and-doesnt-do/2743142002/|title=Abortion law in New York: What the Reproductive Health Act does and doesn't do|website=Rochester Democrat and Chronicle}}</ref>
==Overview== Prior to the passage of the Reproductive Health Act (RHA), New York law banned abortions after 24 weeks of pregnancy, except when necessary to save the life of a pregnant woman.<ref>{{cite magazine|url=https://time.com/5514644/later-abortion-new-york-law/|title=A New York Law Has Catapulted Later Abortion Back Into the Political Spotlight|magazine=Time}}</ref><ref>{{cite magazine|url=https://www.newyorker.com/news/news-desk/how-abortion-law-in-new-york-will-change-and-how-it-wont|title=How Abortion Law in New York Will Change, and How It Won't|first=Jia|last=Tolentino|magazine=The New Yorker |author-link=Jia Tolentino|date=19 January 2019 |publisher= |via=www.newyorker.com}}</ref> In addition, New York law recognized licensed physicians as the only medical providers able to perform abortions.<ref name="auto22" /> Abortion was also included as part of the penal law under homicide, and could be charged as a criminal offense prior to the RHA.<ref name="senatevote22" />{{non primary source needed|date=May 2024}}
The Reproductive Health Act and similar bills were proposed in the New York State Legislature beginning in 2007,<ref>{{cite web|url=http://gothamist.com/2019/01/23/reproductive_health_act_ny.php|title=Cuomo Signs Historic Abortion Law, Celebrates By Turning One WTC Pink|first=Christopher|last=Robbins|website=Gothamist|date=23 January 2019 }}</ref><ref>{{cite web|url=https://www.newsday.com/news/region-state/roe-v-wade-state-legislature-r89918|archive-url=https://web.archive.org/web/20190124012141/https://www.newsday.com/news/region-state/roe-v-wade-state-legislature-1.26286007|url-status=live|archive-date=January 24, 2019|title=What to know about NY's expanded abortion law|website=Newsday}}</ref><ref>{{cite web|url=http://cny.org/stories/new-yorks-legislation-against-life,18504|title=New York's Legislation Against Life|website=Catholic New York|date=17 January 2019 }}</ref> but such legislation was blocked by Senate Republicans for years.<ref>{{cite web|url=https://buffalonews.com/2019/01/22/long-stalled-abortion-bill-passes-new-york-legislature/|title=Long-stalled abortion bill passes New York Legislature|first=Tom|last=Precious|date=22 January 2019|publisher=}}</ref> After Senate Democrats gained a majority in the State Senate in the 2018 elections,<ref>{{cite web|url=https://nypost.com/2018/11/07/democrats-take-control-of-ny-state-senate-for-first-time-in-a-decade/|title=Democrats take control of NY state Senate for first time in a decade|first=Carl|last=Campanile|date=7 November 2018|publisher=}}</ref> they vowed to make the passage of the Reproductive Health Act a priority.<ref>{{cite web|url=https://news.wbfo.org/post/ny-senators-elect-first-african-american-woman-majority-leader|title=NY senators elect first African-American woman as majority leader|first=Karen|last=DeWitt|website=news.wbfo.org|date=27 November 2018 }}</ref>
==Passage== The Reproductive Health Act passed the New York State Senate by a vote of 38–24 on January 22, 2019,<ref>{{cite web|url=https://newyork.cbslocal.com/2019/01/22/reproductive-health-act-new-york-legislature-gov-andrew-cuomo-roe-v-wade/|title=New York Dems Flex Muscles, Pass Reproductive Health Act|date=22 January 2019|publisher=}}</ref><ref name="senatevote22" /> the 46th anniversary of the United States Supreme Court's ''Roe v. Wade'' ruling. The state Assembly passed the Reproductive Health Act, 92–47, on the same day.<ref>{{cite web|url=https://www.democratandchronicle.com/story/news/politics/albany/2019/01/22/abortion-laws-new-york-how-they-change-immediately/2643065002/|title=Abortion laws in New York: How they changed with the Reproductive Health Act|website=Rochester Democrat and Chronicle}}</ref><ref name="housevote">{{cite web|url=https://www.nysenate.gov/legislation/bills/2019/a21|title=NY State Assembly Bill A21|date=2 January 2019|website=NY State Senate}}</ref> It was signed into law by Governor Andrew Cuomo that evening.<ref name="BN12219">[https://buffalonews.com/2019/01/22/long-stalled-abortion-bill-passes-new-york-legislature/ Long-stalled abortion bill passes New York Legislature] (The Buffalo News)</ref> Cuomo ordered One World Trade Center and other landmarks to be lit in pink to celebrate the bill's passage.<ref>{{cite web|url=https://www.governor.ny.gov/news/governor-cuomo-directs-one-world-trade-center-and-other-landmarks-be-lit-pink-celebrate-signing|title=Governor Cuomo Directs One World Trade Center and Other Landmarks to be Lit in Pink to Celebrate Signing of the Reproductive Health Act|date=22 January 2019|website=Governor Andrew M. Cuomo|access-date=26 January 2019|archive-date=31 May 2019|archive-url=https://web.archive.org/web/20190531082224/https://www.governor.ny.gov/news/governor-cuomo-directs-one-world-trade-center-and-other-landmarks-be-lit-pink-celebrate-signing|url-status=dead}}</ref> The celebratory lighting of One World Trade Center was criticized by conservative religious figures and politicians, including Vice President Mike Pence.<ref name="democratandchronicle.com"/> It was decried by one ''New York Daily News'' columnist as an act of trolling and politicizing the memorial to the victims of the September 11 attacks, to celebrate the passage of a divisive law.<ref>[https://www.nydailynews.com/opinion/ny-oped-rubbing-their-noses-in-it-20190124-story.html Rubbing their noses in it: Gov. Cuomo's lighting of the World Trade Center in pink to celebrate passage of the Reproductive Health Act was rude to abortion opponents] (New York Daily News)</ref>
{| class="wikitable" style="width:50%;" |+ Reproductive Health Act – Vote in the Assembly (January 22, 2019)<ref>{{Cite web|url=https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S00240&term=2019&Summary=Y&Actions=Y&Floor%26nbspVotes=Y&Memo=Y&Text=Y|title=New York State Assembly {{!}} Bill Search and Legislative Information|website=nyassembly.gov|access-date=2021-11-30}}</ref> |- ! colspan="2" | Party ! style="width:20%;" | Votes for ! style="width:20%;" | Votes against ! style="width:20%;" | Not voting/Not present |- | {{party name with colour|New York Democratic Party}} (105) | style="background-color:#cfc;" | '''94''' | {{collapsible list |title='''7''' | 1 = Michael G. Miller | 2 = William Colton | 3 = Simcha Eichenstein | 4 = Michael Cusick | 5 = Al Taylor | 6 = Marcos Crespo | 7 = Marianne Buttenschon}} | {{collapsible list |title='''5''' | 1 = Brian Barnwell | 2 = David F. Gantt | 3 = Joseph R. Lentol | 4 = Barbara Lifton | 5 = Robin Schimminger}} |- | {{party name with colour|New York Republican Party}} (43) | – | style="background-color:#ffc8c8;" | '''42''' | {{collapsible list |title='''1''' | 1 = Gary Finch}} |- | {{party name with colour|Independence Party of New York}} (1) | style="background-color:#cfc;" |{{collapsible list |title=1 | 1 = Fred Thiele}} | – | – |- ! colspan="2" | Total (150) ! 95 ! 49 ! 6 |}
{| class="wikitable" style="width:50%;" |+ Reproductive Health Act – Vote in the Senate (January 22, 2019)<ref name="senatevote22" /><ref>{{Cite web|url=https://www.wnyc.org/story/ny-legislature-approves-abortion-rights-bill/|title=Albany Approves Abortion Rights Bill {{!}} WNYC {{!}} New York Public Radio, Podcasts, Live Streaming Radio, News|website=WNYC|language=en|access-date=2020-01-25}}</ref> |- ! colspan="2" | Party ! style="width:20%;" | Votes for ! style="width:20%;" | Votes against ! style="width:20%;" | Not voting/Not present |- | {{party name with colour|New York Democratic Party}} (40) | style="background-color:#cfc;" | '''38''' | {{collapsible list |title='''2''' | 1 = Joseph Addabbo, Jr. | 2 = Simcha Felder}} | – |- | {{party name with colour|New York Republican Party}} (23) | – | style="background-color:#ffc8c8;" | '''22''' | {{collapsible list |title='''1''' | 1 = John J. Flanagan}} |- ! colspan="2" | Total (63) ! 38 ! 24 ! 1 |}
==Impact== The RHA legalizes all abortions on demand up to 24 weeks of gestation. Beyond 24 weeks gestation, abortion is legal if the woman's life or health are at risk, or if the fetus is not viable.<ref name="democratandchronicle.com" /> Per the norm to not define medical terms in the law, the terms "health", "at risk", and "viable" were not defined in the RHA. It was determined that it is up to the discretion of a woman's medical provider to determine if her health is at risk, and it is up to medical providers to determine if a fetus is viable, based on specific medical criteria.<ref name=":0">{{Cite web|date=2019-02-12|title=FAQs about the Reproductive Health Act|url=https://www.nysenate.gov/newsroom/articles/2019/liz-krueger/faqs-about-reproductive-health-act|access-date=2020-07-19|website=NY State Senate|language=en}}</ref>
The RHA permits advanced practice clinicians (APCs), including physician assistants, nurse practitioners, and licensed midwives, to lawfully provide abortion services if they have the appropriate qualifications, and if this falls within their scope of practice.<ref name="auto22" /><ref name="democratandchronicle.com" /><ref name=":0" /> Before the passage of the RHA, many state medical boards had already permitted APCs to provide abortions, given that studies have shown that APCs who are trained to provide abortion services provide safe abortions, comparable to those provided by physicians.<ref name=":1">{{Cite web|date=2019-01-04|title=Ensuring Access to Abortion at the State Level: Selected Examples and Lessons|url=https://www.guttmacher.org/gpr/2019/01/ensuring-access-abortion-state-level-selected-examples-and-lessons|access-date=2020-07-19|website=Guttmacher Institute|language=en}}</ref> APCs were providing abortions prior to the passage of the RHA in New York, and the passage of the RHA allowed this to be reflected in the law.<ref name=":0" /> This has been particularly important in making abortion more accessible by increasing the number of medical practitioners who can provide safe abortions.<ref name=":1" />
Supporters argued the bill was needed to codify abortion rights in the state, in the event that ''Roe v. Wade'' is overturned and the issue of abortion legality returns to the states (which later did occur in 2022 following the Supreme Court decision in ''Dobbs v. Jackson Women's Health Organization''.)<ref name="BN12219"/> Supporters also said the bill was needed to take abortion out of the state criminal code, and place it in public health law.<ref name="WQAD12519">[https://wqad.com/2019/01/25/how-new-yorks-abortion-law-has-changed/ How New York's abortion law has changed] (WQAD)</ref>
The RHA was criticized because it removed abortion from the criminal code, with potential consequences for crimes against pregnant women. State Representative Nicole Malliotakis said that removing abortion from the criminal code means that if a fetus dies as the result of an assault on a woman, there would be no prosecution.<ref>[https://www.cnn.com/2019/01/23/health/new-york-abortion-measures-trnd/index.html New York puts in measures to protect access to abortion even if Roe v. Wade is overturned] (CNN)</ref> Two legislators who sponsored the act wrote an op-ed, arguing that violence resulting in a loss of pregnancy could still be prosecuted as first-degree assault.<ref>[https://www.timesunion.com/opinion/article/Commentary-Claims-that-Reproductive-Act-go-13599557.php Commentary: Claims that Reproductive Act go beyond Roe are wrong] (Times-Union)</ref> In February 2019, the Queens district attorney's office dropped a charge of second-degree murder against a man who murdered his pregnant girlfriend, saying their ability to press the charge was repealed by the Reproductive Health Act. However, the man was still charged with murder, a superseding offense, and as such, the dropped charge would not affect sentencing.<ref>{{Cite web | first=Alex | last=Kasprak | title=Fact Check: Did a Man Escape a Murder Charge Because of New York's Reproductive Health Act? | url=https://www.snopes.com/fact-check/murder-new-york-rha/ | work=Snopes | date=February 15, 2019 | accessdate=April 3, 2019}}</ref>
==See also== *Repeal Act (Virginia)
==References== {{Reflist}}
Category:2019 in American law Category:2019 in New York (state) Category:New York (state) statutes Category:United States abortion law Category:United States state abortion legislation Category:Andrew Cuomo Category:2019 controversies in the United States