HLS 11RS-842 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 586
BY REPRESENTATIVE HOFFMANN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ABORTION: Provides for the Forced Abortion Prevention Sign and Woman's Right to
Know laws
AN ACT1
To amend and reenact R.S. 40:1299.35.6, 1299.35.9, and 1299.35.19 and to enact R.S.2
40:1299.35.5.1, relative to abortion; to require certain signage in abortion facilities;3
to provide for certain requirements of the Department of Health and Hospitals4
relative to abortion; to provide for informed consent; to provide for delivery of5
certain information to women under the Woman's Right to Know law; to provide6
relative to conscience in health care protection, including provisions relative to living7
human embryos; to provide for penalties; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:1299.35.6, 1299.35.9, and 1299.35.19 are hereby amended and10
reenacted and R.S. 40:1299.35.5.1 is hereby enacted to read as follows: 11
§1299.35.5.1. Prevention of forced abortion; signage in abortion facilities12
This Section shall be known and may be cited as the "Forced Abortion13
Prevention Sign Act".14
A. Any ambulatory surgical center, private office, freestanding outpatient15
clinic, or other facility or clinic in which abortions are performed, induced,16
prescribed for, or where the means for an abortion are provided shall conspicuously17
post a sign in a location defined in Subsection C of this Section which is clearly18
visible to patients, and which features the text contained in Paragraph (1) of this19
Subsection and the information contained in Paragraph (2) of this Subsection.20 HLS 11RS-842 ORIGINAL
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(1) The sign shall feature the following text:1
"Notice: Women's Rights and Pregnancy Resources2
You can't be forced.3
* It is unlawful for an abortion to be forced on you without your voluntary4
and informed consent, regardless of your age.5
You and the father.6
* The father of your child is liable to assist in the support of the child, even7
if he has offered to pay for an abortion.8
You and adoption.9
* The law permits adoptive parents to pay costs of prenatal care, childbirth10
and newborn care.11
You are not alone.12
* Many public and private agencies are willing to help you to carry your child13
to term, and to assist after your child's birth."14
(2) The sign shall feature the web address of the pregnancy resources15
website maintained by the Department of Health and Hospitals pursuant to R.S.16
40:1299.35.6, which shall be shown on the sign in a large, bold font designed to be17
clearly visible to patients, along with any additional information as deemed18
necessary by the department and is in accordance with the provisions of R.S.19
40:1299.35.6.20
B. The department shall cause the sign provided for in this Section to be21
designed and produced. All signs produced shall incorporate color graphics and22
shall be printed on durable signage material measuring at least sixteen inches by23
twenty inches with lettering presented in a size and style of font designed to be24
clearly visible to the patient. The department shall assess all costs associated with25
design and production of the signs to the facilities which are required by law to post26
the signs.27
C. The sign provided for in this Section, shall be posted in each patient28
admission area, waiting room, and patient consultation room used by patients on29 HLS 11RS-842 ORIGINAL
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whom abortions are performed, induced, prescribed for, or who are provided with1
the means for an abortion.2
§1299.35.6. Woman's Right To Know3
* * *4
B. Informed consent; requirements. After a woman is determined to be5
pregnant, no abortion shall be performed or induced without the voluntary and6
informed consent of the woman upon whom the abortion is to be performed or7
induced. Except in the case of a medical emergency, consent to an abortion is8
voluntary and informed if and only if :9
(1) the The provisions of R.S. 40:1299.35.2 requiring an ultrasound test and10
determination of viability are met , and:.11
(2) The information required by this Section to be communicated orally and12
in person to the woman is provided to her individually and in a private room to13
protect her privacy, for the purpose of ensuring that the information focuses on her14
individual circumstances and that she has an adequate opportunity to ask questions.15
(1) (3) Oral information from the physician. At least twenty-four hours16
before the abortion, the physician who is to perform the abortion or the referring17
physician has informed the woman, orally and in person, of:18
* * *19
(h) The requirement that at least two hours prior to the woman having any20
part of an abortion performed or induced, the physician, referring physician, or21
qualified person working in conjunction with either physician must perform an22
obstetric ultrasound under the provisions of R.S. 40:1299.35.2 for the purpose of23
preserving the woman's health and determining the viability of the unborn child, and24
that neither the physician nor the woman shall be penalized should the woman25
choose not to view the obstetric ultrasound images or to not accept the photographic26
print that shall be provided offered to her in a sealed envelope.27
(i) The inclusion in her printed materials of a comprehensive list, compiled28
by the Department of Health and Hospitals, of facilities that offer obstetric29 HLS 11RS-842 ORIGINAL
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ultrasounds free of charge, along with an oral explanation of the provision that shall1
be included on the department's list that if the woman voluntarily chooses to obtain2
free ultrasound services, that ultrasound would likely be in addition to the ultrasound3
required by law for purposes of determining viability and preserving the woman's4
health, unless the free ultrasound is performed by the physician performing the5
abortion, the referring physician, or a qualified person working in conjunction with6
either physician. The list shall be and shall include the name, address, hours of7
operation, and telephone number of each entity.8
(2)(a) (4) Oral information from a physician or qualified person.9
(a) In the initial contact with any person seeking to schedule an abortion,10
whether such contact is by telephone, by internet communication, or in person, the11
physician who is to perform the abortion, the referring physician, or a qualified12
person informs the person of the website address of the Department of Health and13
Hospitals abortion alternatives resource page and informed consent website address14
as provided in this Section.15
(b) At least twenty-four hours before the a scheduled abortion, the physician16
who is to perform the abortion, the referring physician, or a qualified person has17
informed the woman, orally and in person, that:18
(i) Medical assistance benefits may be available for prenatal care, childbirth,19
and neonatal care, and that more detailed information on the availability of such20
assistance is contained on the Department of Health and Hospitals website and in the21
printed materials which shall be given to her and described as provided in this22
Section.23
(ii) The Department of Health and Hospitals website and printed materials24
describe the unborn child and list agencies which offer alternatives to abortion.25
* * *26
(b) (c) For purposes of this Paragraph, "qualified person" shall mean an27
agent of the physician who is a psychologist, licensed social worker, licensed28
professional counselor, registered nurse, or physician.29 HLS 11RS-842 ORIGINAL
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(3) The information required by this Section is provided to the woman1
individually and in a private room to protect her privacy and maintain the2
confidentiality of her decision, to ensure that the information focuses on her3
individual circumstances, and that she has an adequate opportunity to ask questions.4
(4) (5) Provision of printed materials. At least twenty-four hours before the5
abortion, the woman is given a copy of the printed materials described in this Section6
by the physician who is to perform the abortion, the referring physician, or a7
qualified person as defined in Subparagraph (2)(b) (4)(c) of this Subsection. If the8
woman is unable to read the materials, they shall be read to her. If the woman asks9
questions concerning any of the information or materials, answers shall be provided10
to her in her own language. If an interpreter is necessary, the cost of such interpreter11
shall be borne by the state of Louisiana.12
(5) (6) Certification and reporting. The woman certifies in writing on a form13
provided by the Department of Health and Hospitals, prior to the abortion, that the14
information and materials required to be provided under this Section have been15
provided at least twenty-four hours prior to the abortion. All physicians who16
perform abortions shall report the total number of certifications received monthly to17
the department. The department shall make the number of certifications received18
available to the public on an annual basis.19
(6) (7) Prior to the performance of the abortion, the physician who is to20
perform the abortion or his agent receives a copy of the written certification required21
by this Section.22
(7) (8) The woman is not required to pay any amount for the abortion23
procedures until the twenty-four-hour period has expired.24
C.(1) Publication of materials abortion alternatives and informed consent25
website.26
(1) The Department of Health and Hospitals shall cause to be published in27
English with optional translations into other languages as determined by the28
secretary, within ninety one hundred twenty days after June 20, 1995 enactment of29 HLS 11RS-842 ORIGINAL
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this Act, and shall update on an annual basis, or as needed, the following easily1
comprehensible printed materials: information on a stable internet website that shall2
be developed and maintained by the Department of Health and Hospitals3
(a) Geographically indexed materials designed to provide the informed4
consent information required by this section and to inform the woman of public and5
private agencies and services available to assist a woman through pregnancy, upon6
childbirth, and while her child is dependent, including but not limited to adoption7
agencies. The materials shall include a comprehensive list of the agencies, a8
description of the services they offer, and the telephone number and addresses of the9
agencies, and inform the woman about available the following information that shall10
indicate the agency or service's physical address, telephone number and web address11
if available:12
(a) Information about public or private agencies that provide medical13
assistance benefits that may be available for prenatal care, childbirth, and neonatal14
care, and easily comprehensible information on how to apply for such benefits.15
(b) Public or private pregnancy resource centers that provide information and16
services that may include free abortion alternatives counseling, prenatal care, pantry17
services and parenting skills, and that do not refer, counsel, perform, induce,18
prescribe, or provide any means for abortion.19
(c) and Information about the support obligations of the father of a child who20
is born alive.21
(d) Information on a separate and featured subpage of the department's22
website that lists facilities that provide free obstetric ultrasound services under the23
provisions of R.S. 40: 1299.35.2 and this Section.24
(e) Information on public and private adoption agencies.25
(f) Information on the anatomical and physiological characteristics of the26
unborn child under the provisions of this section, including color photographs or27
images consistent with the most current technology depicting the unborn child at28
two-week gestational increments or closer.29 HLS 11RS-842 ORIGINAL
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(g) Information describing the various methods of abortion procedures, the1
short-term and long-term medical risks associated with abortion, and the medical2
risks associated with carrying a child to term.3
(h) Information on the unborn child's ability to experience pain under the4
provisions of this Section.5
(i) Video clips that convey objective and medically accurate information6
about abortion procedures, abortion risks, abortion alternative resources, and7
medically accurate information on the development of an unborn child. Video clips8
may be produced with the in-house resources of the department, or acquired for no9
cost to the state from third parties if the video is approved by the secretary as10
providing objective and medically accurate information.11
(j) Information that helps women identify unlawful abortion coercion,12
including but not limited to phone numbers or hotlines that a minor or adult woman13
may call if she is experiencing actual or threatened physical abuse or violence, loss14
of employment or employment privileges, loss of eligible social assistance, loss of15
educational scholarship, or loss of legally protected financial support or housing.16
(k) Information to assist minors who are considering abortion, including17
parental consent information, and resources to help minors seek the protection of18
Child and Family Services, temporary guardianship, and/or law enforcement19
authorities to report abuse as defined in Section 603 of the Children's Code. The20
information designed to assist minors shall also include a link to pregnancy resource21
centers as defined in Subparagraph (C)(1)(b) of this Section.22
(2) The home page of the department's main website shall feature a button23
linking to the department's abortion alternatives and informed consent website, and24
the home page of such website shall feature user-friendly buttons that link to the25
information required in this section. The department shall ensure that the materials26
resources described in this Section are comprehensive and user-friendly, and that27
they do not directly or indirectly promote, exclude, or discourage the use of any28
agency or service described in this Section.29 HLS 11RS-842 ORIGINAL
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(3) No information regarding who uses the website shall be collected or1
maintained. The department shall monitor the website on a daily basis to prevent and2
correct tampering and shall immediately notify abortion providers of any change of3
the website address.4
(4) The search capabilities on the department's main website shall ensure that5
entering the term "abortion" yields the website and information required by this6
section, regardless of how the information is labeled.7
(5) The information on the department's abortion alternatives and informed8
consent website shall be printable, and must give clear, prominent instructions on9
how to receive the printed booklet, the list of free ultrasound resources and any other10
printed material required by this Section.11
(6) The department's abortion alternatives and informed consent website12
shall be accessible to the public without requiring registration or use of a user name,13
a password, or any user identification.14
(7) The department's abortion alternatives and informed consent website15
shall have the capability of detecting when it is being accessed by a mobile device16
and shall have the capability of converting to a platform designed to be easily17
viewable on mobile devices.18
(8) If an abortion provider has a website, the abortion provider's Internet19
website home page must include a prominent link to the department's abortion20
alternatives and informed consent website.21
D. Publication of printed materials. The Department of Health and Hospitals22
shall cause to be published in English with optional translations into other languages23
as determined by the Secretary, within one-hundred and twenty days after enactment24
of this Act and shall update on an annual basis or as needed, the following printed25
materials:26
(1) The signs provided for in the Forced Abortion Prevention Sign Act.27
(2) A list arranged geographically, including the name, address, hours of28
operation, website address if available, and telephone number of each entity. The list29 HLS 11RS-842 ORIGINAL
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shall not include any facility that counsels, refers, performs, induces, prescribes, or1
provides any means for abortion.2
(3) A printed booklet that features the web address of the department's3
dedicated pregnancy resource website printed in a bold large typeface. The booklet4
shall contain an outline of the various topics on the website as provided in5
Subsection C of this Section along with an explanation that more detailed6
information can be found at the department's website.7
(4) The materials shall also contain a separate printed listing of facilities that8
provide obstetric ultrasound services free of charge, as described in Subparagraph9
(B)(1)(i) of this Section. All materials shall include a website address where the10
required materials can be accessed on the Internet. Such website shall be maintained11
by the Department of Health and Hospitals. The printed materials shall state that it12
is unlawful for any individual to coerce a minor or adult woman to undergo an13
abortion, that any physician who performs an abortion upon a woman without her14
informed consent may be liable to her for damages in a civil action at law, and that15
the law permits adoptive parents to pay costs of prenatal care, childbirth, and16
neonatal care. The department shall also design and print signs to be posted in17
abortion facilities according the provisions of the Forced Abortion Prevention Sign18
Act.19
(3) The department's website and printed materials shall include the20
following statements:21
(i) (a) "There are many public and private agencies willing and able to help22
you to carry your child to term, and to assist you and your child after your child is23
born, whether you choose to keep your child or to place her or him for adoption. The24
state of Louisiana strongly urges you to consult an independent physician about the25
risks of abortion to your physical and psychological well-being and to contact them26
the resources provided on our website before making a final decision about abortion.27
The law requires that your physician or his agent the abortion provider give you the28
opportunity to call contact agencies like these before you undergo an abortion."29 HLS 11RS-842 ORIGINAL
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(ii) (b) "By twenty weeks gestation, the unborn child has the physical1
structures necessary to experience pain. There is evidence that by twenty weeks2
gestation unborn children seek to evade certain stimuli in a manner which in an3
infant or an adult would be interpreted to be a response to pain. Anesthesia is4
routinely administered to unborn children who are twenty weeks gestational age or5
older who undergo prenatal surgery."6
(b) (4) The printed booklet shall include Materials materials that inform the7
pregnant woman of the probable anatomical and physiological characteristics of the8
unborn child at two-week gestational increments from fertilization to full term,9
including color pictures or drawings representing photographs or medical images10
consistent with the most current technology depicting the development of unborn11
children at two-week gestational increments or closer, and any relevant information12
on the possibility of the unborn child's survival; provided that any such color pictures13
or drawings photographs or images must contain the dimensions of the unborn child14
and must be realistic medically accurate. The materials shall be objective,15
nonjudgmental, and designed to convey only accurate scientific information about16
the unborn child at the various gestational ages. The material shall also contain17
objective information describing the methods of abortion procedures commonly18
employed, the short-term and long-term medical risks commonly associated with19
each such procedure abortion, including the increased risk of breast cancer associated20
with the loss of protective effect of a first full-term pregnancy and any independent21
risk as supported by peer-reviewed medical journals, and the medical risks22
commonly associated with carrying a child to term.23
(c) (5) A certification form to be used by physicians or their agents as24
provided in Paragraph B(5) of this Section, which will list all the items of25
information which are to be given to women by physicians or their agents as required26
by this Section.27
(2) E. The materials provided for in Subsection D of this Section shall be28
printed in a typeface large enough to be clearly legible .,29 HLS 11RS-842 ORIGINAL
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(3) The materials required under this Section and shall be available at no cost1
from the department upon request and in appropriate number to any person, facility,2
or hospital. The department's abortion alternatives and informed consent website3
shall contain information on ordering printed materials.4
(4) The department shall promulgate rules and regulations relative to the5
appropriate number methods of distribution of printed materials and methods of6
reporting at no cost.7
D. F. Medical emergency. Where a medical emergency compels the8
performance of an abortion, the physician shall orally inform the woman, before the9
abortion, if possible, of the medical indications supporting his judgment that an10
abortion is necessary to avert her death or to avert substantial and irreversible11
impairment of a major bodily function. If the informed consent requirements of this12
Section have not been met due to medical emergency, the physician shall employ a13
method of terminating the pregnancy that gives the unborn child the greatest chance14
of survival consistent with protecting the life and physical health of the mother. The15
physician shall record the medical indications supporting the necessity for an16
abortion without informed consent in the patient's medical record, which shall be17
maintained for seven years.18
E. G. Reporting requirements. Any physician who has provided the19
information and materials to any woman in accordance with the requirements of this20
Section shall provide to the department:21
(1) With respect to a woman upon whom an abortion is performed, all22
information as required by R.S. 40:1299.35.10 as well as the date upon which the23
information and materials required to be provided under this Section were provided,24
as well as an executed copy of the certification form required by Paragraph B(5) of25
this Section.26
(2) With respect to any woman to whom the printed and oral information and27
materials have been provided in accordance with this Section, but upon whom the28
physician has not performed an abortion, the name and address of the facility where29 HLS 11RS-842 ORIGINAL
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the required information was provided and the information as required by R.S.1
40:1299.35.10(A)(1) and (4) through (18) inclusive, and if executed by the woman,2
a copy of the certification form required by Paragraph B(5) of this Section.3
F. H. Criminal penalties.4
(1) Any person who intentionally, knowingly, or recklessly fails to comply5
with all the requirements of this Section shall be subject to the penalties provided in6
R.S. 40:1299.35.18. 7
(2) No physician shall be guilty of violating this Section if he or she can8
demonstrate, by a preponderance of the evidence, that he or she reasonably believed9
that furnishing the required information would have resulted in a severely adverse10
effect on the physical or mental health of the pregnant woman.11
G. I. Civil penalties. In addition to whatever remedies are otherwise12
available under the law of this state, failure to comply with the requirements of this13
Section shall:14
* * *15
H. J. Limitation on civil liability. Any physician who complies with the16
provisions of this Section may not be held civilly liable to his patient for failure to17
obtain informed consent to the abortion under this Section. Any and all other rights18
and remedies are preserved to the patient.19
I. K. Severability. The provisions of the Act which originated as House Bill20
No. 2246 of the 1995 Regular Session of the Legislature are declared to be severable,21
and if any provision, word, phrase, or clause of the Act or the application thereof to22
any person shall be held invalid, such invalidity shall not affect the validity of the23
remaining portions of the Act.24
J. L. Construction.25
* * *26
(2) It is not the intention of this Section to make lawful an abortion that is27
unlawful on June 20, 1995 upon the effective date of this Act, or which later28
becomes unlawful.29 HLS 11RS-842 ORIGINAL
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K. M. Right of intervention. The author and coauthors who sponsored or1
cosponsored the Act which originated as House Bill No. 2246 of the 1995 Regular2
Session of the Legislature in his or her official standing and capacity shall have the3
ability to intervene as a matter of right in any case in which the constitutionality of4
this Section is challenged.5
* * *6
§1299.35.9. Conscience in health care protection; definitions7
A.(1) Any person has the right not to participate in, and no person shall be8
required to participate in any health care service that violates his conscience to the9
extent that patient access to health care is not compromised. No person shall be held10
civilly or criminally liable, discriminated against, dismissed, demoted, or in any way11
prejudiced or damaged for declining to participate in any health care service that12
violates his conscience.13
* * *14
B. For purposes of this Section:15
* * *16
(2) "Health care service" is limited to abortion, dispensation of abortifacient17
drugs, human embryonic stem cell research including destruction of any living18
human embryo for the purpose of harvesting the inner cell mass, human embryo19
cloning, euthanasia, or physician-assisted suicide.20
* * *21
§1299.35.19. Penalties 22
A. Whoever violates the provisions of this Part shall be fined not more than23
one thousand dollars by the Department of Health and Hospitals according to the24
provisions of Subsection B of this Section, or imprisoned for not more than two25
years, or both.26
B. The Department of health and Hospitals shall establish a penalty schedule27
through administrative rule. Fines provided in the penalty schedule shall be:28 HLS 11RS-842 ORIGINAL
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(1) In an amount not less than one thousand dollars for each violation1
associated with an individual patient record or the required reporting of such records2
to the Department of Health and Hospitals.3
(2) In an amount not less than ten thousand dollars per day for any private4
office, ambulatory surgical care center, freestanding outpatient clinic or other facility5
or clinic which fails to post a sign in knowing, reckless, or negligent violation of the6
Forced Abortion Prevention Sign Act for each day that the sign is not posted during7
any portion of business hours.8
(3) In an amount not less than fifty thousand dollars for each violation not9
provided for in Paragraphs (1) and (2) of this Subsection.10
C. The sanctions and actions provided in this Section shall not displace any11
other applicable sanction provided by law.12
D. The Department of Health and Hospitals shall promulgate rules in13
accordance with the Administrative Procedure Act for implementation of the14
provisions of this Section.15
Section 2. If any provision or item of this Act, or the application thereof, is held16
invalid, such invalidity shall not affect other provisions, items, or applications of the Act17
which can be given effect without the invalid provision, item, or application and to this end18
the provisions of this Act are hereby declared severable.19
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 586
Abstract: Provides for the Forced Abortion Prevention Sign and Woman's Right to Know
laws.
Proposed law provides for the Forced Abortion Prevention Sign Act.
Proposed law provides that the Forced Abortion Prevention Sign Act applies to every facility
in which abortions are performed, induced, prescribed for, or where the means for an
abortion are provided.
Proposed law requires such facilities to display signage which provides messages as
specified in proposed law regarding women's rights, forced abortion, fatherhood, and HLS 11RS-842 ORIGINAL
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adoptive parents; and provides the web address for the pregnancy resources website
maintained by DHH.
Proposed law assigns the duty of designing and producing such signs to DHH.
Proposed law provides that DHH shall assess the full cost of design and production of such
signs to facilities which are required by proposed law to display the signs.
Proposed law requires that information delivered personally to women per the provisions of
the Woman's Right to Know law be offered in a manner that ensures the woman's privacy,
considers the woman's individual circumstances, and allows the woman to ask questions.
Proposed law provides that except in the case of a medical emergency, this requirement is
a condition for consent to an abortion being voluntary and informed.
Present law provides that at least 24 hours before an abortion, the physician who is to
perform the abortion or the referring physician shall provide, among other printed materials
specified in present law, a list of facilities which offer obstetric ultrasounds free of charge.
Proposed law requires that such list of facilities offering obstetric ultrasounds free of charge
not include any facility that counsels, refers, performs, induces, prescribes, or provides any
means for abortion.
Proposed law requires that in the initial contact with the woman seeking an abortion, the
physician who is to perform the abortion, the referring physician, or a qualified person
inform the woman of the website address of the DHH abortion alternatives resource page
and informed consent website address. Proposed law provides that except in the case of a
medical emergency, this requirement is a condition for consent to an abortion being
voluntary and informed.
Proposed law requires that at least 24 hours prior to a scheduled abortion, the physician who
is to perform the abortion, the referring physician, or a qualified person inform the woman,
orally and in person, that the DHH website:
(1)May indicate medical assistance benefits available for prenatal care, childbirth, and
neonatal care.
(2)Describes the unborn child and lists agencies which offer alternatives to abortion
Proposed law provides that except in the case of a medical emergency, the above
requirement concerning indication of information on the DHH website is a condition for
consent to an abortion being voluntary and informed.
Proposed law repeals present law which provides that if an interpreter is necessary to
communicate certain required information to a woman, the cost of such interpreter shall be
borne by the state of Louisiana.
Present law requires that for consent to an abortion to be voluntary and informed, the
woman shall certify in writing prior to the abortion on a form provided by DHH that the
information and materials required to be provided under present law have been provided.
Proposed law adds requirement that such certification also indicate that information and
materials required to be provided under present law and proposed law was provided at least
24 hours prior to the abortion.
Present law requires DHH to publish certain printed materials providing information on
abortion, alternatives to abortion, and the physiology of the unborn child. HLS 11RS-842 ORIGINAL
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are additions.
Proposed law requires that in addition to certain printed materials provided for in proposed
law, DHH also publish an abortion alternatives and informed consent website. Proposed law
provides that such website shall:
(1)Be published within 120 days of enactment of proposed law.
(2)Provide the informed consent information required by proposed law.
(3)Provide information about public or private agencies that provide medical assistance
benefits that may be available for prenatal care, childbirth, and neonatal care, and
easily comprehensible information on how to apply for such benefits.
(4)Provide information about public or private pregnancy resource centers that provide
information and services that may include free abortion alternatives counseling,
prenatal care, pantry services and parenting skills, and that do not refer, counsel,
perform, induce, prescribe, or provide any means for abortion.
(5)Provide information about the support obligations of the father of a child who is born
alive.
(6)Provide information on a separate and featured subpage of the DHH website that lists
facilities that provide free obstetric ultrasound services under the provisions of
present law and proposed law.
(7)Provide information on public and private adoption agencies.
(8)Provide information on the anatomical and physiological characteristics of the
unborn child under the provisions of this section, including color photographs or
images consistent with the most current technology depicting the unborn child at
two-week gestational increments or closer.
(9)Provide information describing the various methods of abortion procedures, the
short-term and long-term medical risks associated with abortion, and the medical
risks associated with carrying a child to term.
(10)Provide information on the unborn child's ability to experience pain under the
provisions of this Section.
(11)Provide video clips that convey objective and medically accurate information about
abortion procedures, abortion risks, abortion alternative resources, and medically
accurate information on the development of an unborn child. Proposed law provides
that such video clips may be produced with the in-house resources of DHH, or
acquired for no cost to the state from third parties if the video is approved by the
secretary as providing objective and medically accurate information.
(12)Provide information that helps women identify unlawful abortion coercion, including
but not limited to phone numbers or hotlines that a minor or adult woman may call
if she is experiencing actual or threatened physical abuse or violence, loss of
employment or employment privileges, loss of eligible social assistance, loss of
educational scholarship, or loss of legally protected financial support or housing.
(13)Provide information to assist minors who are considering abortion, including
parental consent information, and resources to help minors seek the protection of
Child and Family Services [DCFS? or Child Protective Svcs?], temporary
guardianship, and/or law enforcement authorities to report abuse as defined in
Section 603 of the Children's Code. The information designed to assist minors shall
also include a link to pregnancy resource centers as defined in section (C)(1)(b) of
this Section. HLS 11RS-842 ORIGINAL
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are additions.
(14)Provide information on ordering printed materials provided for in proposed law.
Proposed law provides that no information regarding who uses the DHH website required
to be published under proposed law shall be collected or maintained, and that DHH shall
monitor the website on a daily basis to prevent and correct tampering and shall immediately
notify abortion providers of any change of the website address.
Proposed law provides that the search capabilities on the DHH main website shall ensure
that entering the term "abortion" yields the website and information required to be published
under proposed law regardless of how the information is labeled.
Proposed law provides that the information on the DHH website required to be published
under proposed law shall be printable, and must give clear, prominent instructions on how
to receive the printed booklet, the list of free ultrasound resources and any other printed
material required by proposed law.
Proposed law provides that the DHH website required to be published under proposed law
shall be accessible to the public without requiring registration or use of a user name, a
password, or any user identification.
Proposed law provides that the DHH website required to be published under proposed law
shall have the capability of detecting when it is being accessed by a mobile device and shall
have the capability of converting to a platform designed to be easily viewable on mobile
devices.
Proposed law provides that if an abortion provider has a website, then the home page of such
website must include a prominent link to the DHH website required to be published under
proposed law.
Proposed law provides that within 120 days of enactment of proposed law, DHH shall cause
to be published a printed booklet that features the web address of the DHH website required
to be published under proposed law featured in a bold large typeface.
Proposed lawrequires that the printed booklet provided for in proposed law include the
following:
(1)An outline of the various topics on the DHH website required to be published under
proposed law along with an explanation that more detailed information can be found
at such website.
(2)Materials that inform the pregnant woman of the probable anatomical and
physiological characteristics of the unborn child at two-week gestational increments
from fertilization to full term, including color photographs or medical images
consistent with the most current technology depicting the development of unborn
children at two-week gestational increments or closer, and any relevant information
on the possibility of the unborn child's survival; provided that any such color
photographs or images must contain the dimensions of the unborn child and must be
medically accurate.
Proposed law requires that the DHH website and printed materials provided for in proposed
law include the following statements:
(1)"There are many public and private agencies willing and able to help you to carry
your child to term, and to assist you and your child after your child is born, whether
you choose to keep your child or to place her or him for adoption. The state of
Louisiana strongly urges you to consult an independent physician about the risks of
abortion to your physical and psychological well-being and to contact the resources
provided on our website before making a final decision about abortion. The law HLS 11RS-842 ORIGINAL
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are additions.
requires that the abortion provider give you the opportunity to contact agencies like
these before you undergo an abortion."
(2)"By twenty weeks gestation, the unborn child has the physical structures necessary
to experience pain. There is evidence that by twenty weeks gestation unborn
children seek to evade certain stimuli in a manner which in an infant or an adult
would be interpreted to be a response to pain. Anesthesia is routinely administered
to unborn children who are twenty weeks gestational age or older who undergo
prenatal surgery."
Proposed law requires the printed materials provided for in proposed law to be objective,
nonjudgmental, and designed to convey only accurate scientific information about the
unborn child at the various gestational ages.
Proposed law requires that the printed materials provided for in proposed law contain
objective information describing the methods of abortion procedures and the short-term and
long-term medical risks associated with abortion, including the increased risk of breast
cancer associated with the loss of protective effect of a first full-term pregnancy and any
independent risk as supported by peer-reviewed medical journals, and the medical risks
associated with carrying a child to term.
Proposed law requires the printed materials provided for in proposed law to be available at
no cost from DHH upon request and in appropriate number to any person, facility, or
hospital.
Proposed law provides that DHH shall promulgate rules and regulations relative to the
methods of distribution of printed materials and methods of reporting.
Proposed law provides that if the informed consent to abortion requirements of proposed law
have not been met due to medical emergency, the physician shall employ a method of
terminating the pregnancy that gives the unborn child the greatest chance of survival
consistent with protecting the life and physical health of the mother. Proposed law provides
that in such cases the physician shall record the medical indications supporting the necessity
for an abortion without informed consent in the patient's medical record, which shall be
maintained for seven years.
Proposed law repeals present law providing that no physician shall be guilty of violating
informed consent to abortion requirements if he or she can demonstrate, by a preponderance
of the evidence, that he or she reasonably believed that furnishing the required information
would have resulted in a severely adverse effect on the physical or mental health of the
pregnant woman.
Proposed law provides that it is not the intention of proposed law to make lawful an abortion
that is unlawful upon the effective date of proposed law, or which later becomes unlawful.
Present law provides that no person shall be required to participate in any health care service
that violates his conscience to the extent that patient access to health care is not
compromised.
Proposed law repeals the provision of present law relating to compromise of patient access
to health care, providing unconditionally that a person shall not be required to participate in
any health care service that violates his conscience.
Proposed law provides that for the purposes of proposed law, "human embryonic stem cell
research" includes any destruction of a living human embryo for the purpose of harvesting
the inner cell mass. HLS 11RS-842 ORIGINAL
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are additions.
Present law provides that whoever violates the provisions of the Part of present law relative
to abortion (Part XVIII of Chapter 5 of Title 40 of the La. Revised Statutes) shall be fined
not more than one thousand dollars, or imprisoned for not more than two years, or both.
Proposed law retains imprisonment penalty provided in present law.
Proposed law revises provisions for fines in present law, and provides that fines shall be
assessed according to the following schedule:
(1)In an amount not less than one thousand dollars for each violation associated with
an individual patient record or the required reporting of such records to DHH.
(2)In an amount not less than ten thousand dollars per day for any facility or clinic
subject to provisions of the Forced Abortion Prevention Sign Act established by
proposed law for failing to post a sign in knowing, reckless, or negligent violation
of proposed law.
(3)In an amount not less than fifty thousand dollars for each violation not provided for
in (1) and (2) above.
Proposed law specifies that DHH shall have the duty of assessing such fines, and shall
promulgate such rules as are necessary to establish the penalty schedule prescribed by
proposed law.
Proposed law provides that the sanctions and actions prescribed in proposed law shall not
displace any other applicable sanction provided by law.
Proposed law provides that its provisions shall be severable.
(Amends R.S. 40:1299.35.9 and 1299.35.19; Adds R.S. 40:1299.35.5.1)