Section 394-E. Report on request for abortional services  


Latest version.
  • 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.