New York's network of pro-life "crisis pregnancy centers" that masquerade as clinics do not have to comply with a city law that requires them to disclose to patients whether or not they provide actual medical services or employ licensed medical professionals on-site. The U.S. Court of Appeals for the Second Circuit approved a request from the groups to uphold an injunction against the law until they can attempt to challenge it in the Supreme Court.
According to NARAL, Local Law 13, passed by the City Council in 2011, required the crisis pregnancy centers (CPCs) to notify patients:
(1) whether they have a licensed medical provider on staff; (2) that the NYC DOH encourages women who are or may be pregnant to consult with a licensed provider; and (3) whether they provide or refer for abortion, EC, or prenatal care. The law also requires CPCs to abide by standard confidentiality practices, since medical privacy laws do not apply to CPCs.
Failure to make the disclosures would result in fines as high as $1,000.
Later that year, a federal judge temporarily struck down the law, calling it "offensive to free speech principles." However, the judge also wrote that “the prevention of deception related to reproductive health care is of paramount importance," and that unlicensed professionals wielding ultrasounds “operating in pseudo-medical settings can spawn significant harms to pregnant, at-risk women who believe they are receiving care.”
A federal appeals court lifted the injunction against the medical provider provision, but the other injunctions remain. The law will not go into effect until the Supreme Court decided whether it will take the case or not.
The Law Department's press office declined to comment on the ruling.
“Today's Second Circuit ruling means that crisis pregnancy centers (CPCs) will, at least in the near term, be able to continue the dishonest practices that prevent pregnant women from receiving timely medical care by certified health care professionals," NARAL New York said in a statement.
"We are disappointed that the appeals court has, for now, stayed that ruling. Every day that CPCs are able to perpetuate their lies and continue to block New York City women from accessing legitimate reproductive health care services in a timely fashion undermines women's health and well-being."
An NARAL report in 2010 [PDF] showed that many of the clinics provided patients with false medical information, including pamphlets that link abortion to breast cancer and assert that condoms are permeable to HIV.
