Disclosure by Pregnancy Services Centers
Proposed Rules: Closed to Comments
Due to a stay issued by the United States Court of Appeals, DCA is cancelling the Public Hearing on the Proposed Rules to Require Pregnancy Services Centers to Make Certain Disclosures.
Statement of Basis and Purpose of Proposed Rule
Section 20-816(b) of the Administrative Code, enacted as part of section 2 to Local Law 17 of 2011, provides that a pregnancy services center “shall disclose if it does or does not have a licensed medical provider on staff who provides or directly supervises the provision of all of the services at such pregnancy services center.” Section 20-816(f) of the Administrative Code requires that the disclosure must be made “(1) in writing, in English and Spanish in a size and style as determined in accordance with rules promulgated by the commissioner on (i) at least one sign conspicuously posted in the entrance of the pregnancy services center; (ii) at least one additional sign posted in any area where clients wait to receive services; and (iii) in any advertisement promoting the services of such pregnancy services center in clear and prominent letter type and in a size and style to be determined in accordance with rules promulgated by the commissioner”. The proposed rules set forth the size, color and location of the disclosure signs required to be posted at the pregnancy services center and in advertisements promoting the services of the pregnancy services center.
Proposed section 5-266 of Title 6 of the Rules of the City of New York would require a pregnancy services center to post a sign stating whether it has a licensed medical provider on staff who provides or directly supervises the provision of all services at such pregnancy services center. Under the rule, the Department will provide the signage on its web site for the Pregnancy Services Center to download. The sign will measure eleven (11) inches by seventeen (17) inches and the lettering will be one-inch high. The required statement will be in both English and Spanish. The proposed rule would require the pregnancy services center to post the sign at the public entrance to the pregnancy services center and in waiting areas, and specifies the locations where the pregnancy services center must post the signs.
Proposed section 5-267 provides a non-inclusive list of print and electronic visual representations that the term “advertisement promoting the services of a pregnancy services center” comprises. It would require that the required disclosure on printed materials be clear, legible, in the same color and darkness, and in type size at least one-third as high and one-third as broad as the largest print in the advertisement. The rule would require that the disclosure in internet advertisements is clear, legible and in close proximity to the description of services provided at the pregnancy services center.