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Gov. Andrew Cuomo signs the Reproductive Health Act into law in the Red Room in the State Capitol on Jan. 22, 2019. (flickr/governorandrewcuomo)

Gov. Andrew Cuomo signs the Reproductive Health Act into law in the Red Room in the State Capitol on Jan. 22, 2019. (flickr/governorandrewcuomo)

Gov. Andrew Cuomo signs the Reproductive Health Act into law in the Reddish Room in the State Capitol on January. 22, 2019. (flickr/governorandrewcuomo)

Abortion foe makes false claim about NY law

New York State's Reproductive Health Deed, signed into law in late January by Gov. Andrew Cuomo, has been the source of much disagreement between supporters and opponents of the law, and has caught the attention of President Donald Trump, who criticized it during his State of the Union accost.

Michael Long, chairman of the Conservative Party of New York State, criticized the new law during an interview with radio host John Catsimatidis, saying it had gone "also far."

"They've removed all the criminal penalties from it," Long said. "A woman could requite birth to a baby, and and so, they have a discussion with the doctor, if the baby was born alive, they would just let the infant expire. It's a very deplorable commentary."

We looked into Long's claim that "if the babe was born alive, they would just let the baby elapse."

What was repealed

In an interview, Long said he was sure the police didn't spell out that babies would exist left to dice. Just he said because the law allows abortions later in pregnancy, he questions what will happen to babies who are built-in live.

Long referred united states of america to Kathleen Gallagher, manager of pro-life activities at the New York Country Catholic Briefing, for specifics.

Gallagher said the new law repeals part of the country's Public Wellness Law. The repealed part states than in abortions after 20 weeks, a 2d doc must be present to "take control of and provide immediate medical care for any live nascence that is the event of the abortion." The repealed part besides states: "Such child should be afforded immediate legal protection under the laws of the land of New York, including but non limited to applicative provisions of the social services police, article v of the civil rights law and the penal police."

A representative of National Right to Life, an organisation that lobbies against ballgame, also took annotation of the repealed sections of the Public Wellness Law. Jennifer Popik, managing director of federal legislation for the organization, wrote in an e-mail that because New York'south police force allows licensed medical professionals other than doctors to perform abortions, it'southward possible that a person qualified to care for a baby would not exist present if a infant was born live.

Popik also referred us to data from the Centers for Illness Control from 2003-14. This data from selected states showed that in that location were 143 babies born alive afterward "induced terminations." That number could be underestimated, according to the CDC. The data does not reflect the full circumstances of their deaths, simply researchers noted that in 97 of those cases, there were maternal health complications or one or more congenital anomalies.

'All necessary medical care'

We asked ane of the new police force's sponsors, State Sen. Liz Krueger, if babies built-in live during an ballgame procedure would be left to "expire," as Long said.

Krueger'southward spokesman, Justin Flagg, wrote in an e-mail that "the RHA does not change standards of medical practice. Any infant born alive in New York State would exist treated similar any other alive nascence, and given appropriate medical care. This was the case earlier the RHA, and information technology remains the example now."

"A provider that inappropriately abandons or neglects a patient would violate professional person misconduct laws and be subject to significant sanctions which include losing his/her medical license, fines, besides as potential ceremonious and criminal liability," said Hazel Crampton-Hays, a spokeswoman for Cuomo. "The Reproductive Health Deed does null to change that."

Federal law also protects infants in this situation. The Born Alive Infants Protection Act of 2002 states that any person born alive under any circumstance has full rights as any other person.

'Non infanticide'

Dr. Vanessa Barnabei, chair of the Section of Obstetrics and Gynecology in the Jacobs School of Medicine and Biomedical Sciences at the University at Buffalo, said that she understands how the law could atomic number 82 some people to believe that babies who are born alive would be left to die, but said that'southward not what happens in practice.

Pregnancies are sometimes terminated in guild to save the life of the mother, merely that doesn't necessarily hateful the baby won't survive, Barnabei said. In her experience, the typical standard of care is to resuscitate infants born after 24 weeks, when they are considered viable, she said.

Abortions subsequently in the 2nd trimester or tertiary trimester are complex and require highly trained practitioners. Because of this, they are typically washed in hospitals, which use other providers able to intendance for any babe born alive, she said. Babies who are delivered with severe problems would not be resuscitated, if that was the parents' wishes, she said.

That standard of intendance for babies born alive when a pregnancy is terminated existed before the law was enacted, according to the bill'south sponsor.

Planned Parenthood of New York Urban center put us in affect with 1 of its lath members, Dr. Stephen Chasen, a professor of clinical obstetrics and gynecology at Weill Cornell Medical College.

Chasen said Long'south statement misrepresents what the RHA does and characterizes a situation that isn't ballgame.

"Information technology's well-nigh a model of hospice care that patients and their doctor take determined is the best course of activity, using the all-time medicine available, and not pursuing something that'south futile," he said.  "It's not infanticide. It's non indifference. And, it has nothing to exercise with abortion. It is hospice care, and hospice care tin apply to a range of situations," he said.

Our ruling

Long, chairman of the state Conservative Party, said that under the new police force, babies born live would be able to be left to "expire."

The land law repealed some protections for babies in these circumstances, but that part of the law was redundant, and under federal and state law, infants born live are due the same medical care and protections as anyone else.

In cases where a hospice approach is taken to babies delivered very early in pregnancy or those with lethal malformations, this approach predates the new law, and it is an accustomed standard of intendance.

We rate Long'southward statement Faux.

Michael Long interview, John Cats Roundtable, Feb. 3, 2019. Accessed February. 11, 2019.

Telephone conversation, Michael Long, February. xi, 2019.

Email chat, Justin Flagg, spokesman, Sen. Liz Krueger, Feb. 11, Feb. 12, 2019.

"No, New York abortion law doesn't let mothers arrest babies the infinitesimal before they would be born," PolitiFact, February. 1, 2019. Accessed Feb. 13, 2019.

"Addressing New York'due south New Abortion Police force," Factcheck.org, Feb. four, 2019. Accessed February. eleven, 2019.

Telephone, email conversations, Kathleen Gallagher, New York Land Catholic Conference, Feb. 11, 2019.

NYS Public Health Law Sect. 4164. Accessed Feb. 13, 2019.

NYS Bill S. 240, 2019-20 Session, Reproductive Health Act, filed Jan. nine, 2019. Accessed February. xiii, 2019.

Phone conversation, Dr. Stephen Chasen, Cornell Weill Medical College, Feb. 12, 2019.

Electronic mail chat, Hazel Crampton-Hays, spokeswoman, Gov. Andrew Cuomo, Feb. 12, 2019.

Email chat, Jennifer Popik, National Right to Life, Feb. xiii, 2019.

Email chat, Dr. Sarp Aksel, 2018 advocacy fellow, the American College of Obstetricians and Gynecologists, Feb. 13, 2019.

"Factchecking the State of the Union for 2019," PolitiFact, Feb. 5, 2019. Accessed Feb. thirteen, 2019.

"Gov. Cuomo Signs Legislation Protecting Women's Reproductive Rights," printing release, Jan. 22, 2019. Accessed Feb. 13, 2019.

Born Live Infants Protection Act of 2002, Public Law 107-207, Aug. 5, 2002. Accessed Feb. 18, 2019.

Telephone interview, Dr. Vanessa Barnabei, chair, Department of Obstetrics and Gynecology, Jacobs School of Medicine and Biomedical Sciences, University at Buffalo, Feb. 19, 2019.

Would a proposed Vermont law allow abortions 'right up to the moment of birth?' PolitiFact Vermont, Feb. fifteen, 2019.

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