New York § 394-E - 394-EReport on request for abortional services

§ 394-E. 394-EReport on request for abortional services

§ 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.