N.Y. General Business Law § 394-e: Report 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.