ENROLLED
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ACT No. 411
Regular Session, 2011
HOUSE BILL NO. 636 (Substitute for House Bill No. 586 by Representative Hoffmann)
BY REPRESENTATIVES HOFFMANN, ANDERS, ARNOLD, AUSTI N BADON,
BOBBY BADON, BALDONE, BARRAS, BARROW, BILLIOT, BURFORD,
HENRY BURNS, BURRELL, CARTER, CHAMPAGNE, CHANDLER, CHANEY,
CONNICK, CROMER, DANAHAY, DOVE, DOWNS, EDWARDS, EL LINGTON,
FANNIN, GEYMANN, GISCLAIR, GREENE, GUILLORY, GUINN, HARDY,
HAZEL, HENDERSON, HENRY, HENSGENS, HILL, HINES, HONORE,
HOWARD, HUTTER, JOHNSON, SAM JONES, KATZ, KL ECKLEY,
LABRUZZO, LAMBERT, LANDRY, LEBAS, LIGI, LITTLE, LOPINTO,
LORUSSO, MCVEA, MONICA, NOWLIN, PEARSON, PONTI, POPE, PUGH,
RICHARD, RICHARDSON, RITCHIE, ROBIDEAUX, ROY, SCHRODER,
SEABAUGH, SMILEY, GARY SMITH, JANE SMITH, TALBOT, TEMPLET,
THIBAUT, THIERRY, WHITE, WILLIAMS, AND WILLMOTT AND
SENATORS AMEDEE, APPEL, BROOME, CHEEK, CROWE, DONAHUE,
ERDEY, KOSTELKA, LAFLEUR, LONG, MARTINY, MICHOT, MILLS,
MORRISH, MOUNT, NEVERS, PERRY, QUINN, RISER, SHAW, SMITH,
THOMPSON, AND WAL SWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 40:1299.35.1(introductory paragraph) and (1)(b), 1299.35.2(A),2
1299.35.6, and 1299.35.19 and to enact R.S. 40:1299.35.1(11) and 1299.35.5.1,3
relative to abortion; to require certain signage in abortion facilities; to provide for4
certain requirements of the Department of Health and Hospitals relative to abortion;5
to provide for voluntary and informed consent criteria; to provide for delivery of6
certain information under the Woman's Right to Know law; to provide relative to7
conscience in health care protection, including provisions relative to living human8
embryos; to provide for penalties; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:1299.35.1(introductory paragraph) and(1)(b), 1299.35.2(A),11
1299.35.6, and 1299.35.19 are hereby amended and reenacted and R.S. 40:1299.35.1(11) and12
1299.35.5.1 are hereby enacted to read as follows: 13
§1299.35.1. Definitions14
As used in R.S. 40:1299.35.0 through 1299.35.18 1299.35.19, the following15
words have the following meanings:16 ENROLLEDHB NO. 636
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(1) "Abortion" or "induced abortion" means the act of using or prescribing1
any instrument, medicine, drug, or any other substance, device, or means with the2
intent to terminate the clinically diagnosable pregnancy of a woman with knowledge3
that the termination by those means will, with reasonable likelihood, cause the death4
of the unborn child. Such use, prescription, or means is not an abortion if done with5
the intent to:6
* * *7
(b) Remove a dead unborn child caused by or induce delivery of the uterine8
contents in case of a positive diagnosis, certified in writing in the woman's medical9
record along with the results of an obstetric ultrasound test, that the pregnancy has10
ended or is in the unavoidable and untreatable process of ending due to spontaneous11
miscarriage, also known in medical terminology as spontaneous abortion, missed12
abortion, or inevitable abortion, incomplete abortion, or septic abortion.13
* * *14
(11) "Department" means the Department of Health and Hospitals.15
* * *16
§1299.35.2. Abortion by physician; determination of viability; ultrasound test17
required; exceptions; penalties18
A. Physician requirement. No person shall perform or induce an abortion19
unless that person is a physician licensed to practice medicine in the state of20
Louisiana. Any outpatient abortion facility that knowingly employs, contracts with,21
or provides any valuable consideration for the performance of an abortion to any22
person who is not a physician licensed to practice medicine in the state of Louisiana,23
is subject to having its license denied, non-renewed, or revoked by the Department24
of Health and Hospitals in accord with R.S. 40:2175.6.25
* * *26
§1299.35.5.1. Prevention of forced abortion; signage in abortion facilities27
A. This Section shall be known and may be cited as the "Forced Abortion28
Prevention Sign Act".29 ENROLLEDHB NO. 636
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B. Any licensed Outpatient Abortion Facility as defined by R.S. 40:2175.31
shall conspicuously post a sign in a location defined in Subsection D of this Section2
which is clearly visible to patients, and which features the text contained in3
Paragraph (1) of this Subsection and the information contained in Paragraph (2) of4
this Subsection.5
(1) The sign shall feature the following text:6
"Notice: Women's Rights and Pregnancy Resources7
You can't be forced.8
* It is unlawful for anyone to make you have an abortion against your will,9
even if you are a minor.10
You and the father.11
* The father of your child must provide support of the child, even if he has12
offered to pay for an abortion.13
You and adoption.14
* The law allows adoptive parents to pay costs of prenatal care, childbirth15
and newborn care.16
You are not alone.17
* Many agencies are willing to help you to carry your child to term, and to18
assist after your child's birth."19
(2) The sign shall feature the web address of the pregnancy resources20
website maintained by the department pursuant to R.S. 40:1299.35.6, which shall be21
shown on the sign in a large, bold font designed to be clearly visible to patients,22
along with any additional information which is deemed necessary by the department23
and is in accordance with the provisions of R.S. 40:1299.35.6.24
C. The department shall cause the sign provided for in this Section to be25
designed and produced. All signs produced shall incorporate color graphics and26
shall be printed on durable signage material measuring sixteen inches by twenty27
inches with lettering presented in a size and style of font designed to be clearly28
visible to the patient.29 ENROLLEDHB NO. 636
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D. The sign provided for in this Section shall be conspicuously posted in1
each patient admission area, waiting room, and patient consultation room used by2
patients on whom abortions are performed, induced, prescribed for, or who are3
provided with the means for an abortion.4
* * *5
§1299.35.6. Woman's Right To Know6
A. Legislative findings and purposes. The Legislature of Louisiana finds7
that:8
(1) Act No. 435 of the 1978 Regular Session of the Legislature required the9
obtaining of the informed consent of a pregnant woman to the performance of an10
abortion. This law was declared unconstitutional in the cases of Margaret S. v.11
Edwards, and in Margaret S. v. Treen.12
(2) By Act No. 435 of the 1978 Regular Session of the Legislature (R.S.13
40:1299.35.7) a twenty-four-hour waiting period was required between the signing14
of an informed consent and the performance of an abortion. This law was repealed15
by Act No. 418 of the 1980 Regular Session of the Legislature because of the16
decision of the federal court in Margaret S. v. Edwards.17
(3) Subsequent to the above-referenced court decisions and legislative18
enactments, the United States Supreme Court has rendered a decision in the case of19
Planned Parenthood of Pennsylvania v. Casey, which upheld the constitutionality of20
the Pennsylva nia law which required informed consent, parental consent, and a21
twenty-four-hour waiting period prior to an abortion, and which decision has22
therefore impliedly overruled the decisions in the Margaret S. cases.23
(4) The judicial obstacles to such legislation now having been removed by24
virtue of the Casey decision, the legislature finds that it is in the public interest and25
in furtherance of the general health and welfare of the citizens of this state to reenact26
provisions of law similar to those heretofore either declared unconstitutional or27
repealed for the following reasons:28 ENROLLEDHB NO. 636
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(a) It is essential to the psychological and physical well-being of a woman1
considering an abortion that she receive complete and accurate information on2
regarding her alternatives.3
(b) The knowledgable exercise of a woman's decision to have an abortion4
depends on the extent to which the woman receives sufficient information to make5
an informed choice between two alternatives, giving birth or having an abortion.6
(c) The vast majority of all abortions are performed in clinics devoted solely7
to providing abortions and family planning services. Most women who seek8
abortions at these facilities do not have any relationship with the physician who9
performs the abortion, before or after the procedure. They do not return to the10
facility for postsurgical care. In most instances, the woman's only actual contact11
with the physician occurs simultaneously with the abortion procedure, with little12
opportunity to receive counseling concerning her decision.13
(d) The decision to abort "is an important, and often a stressful one, and it14
is desirable and imperative that it be made with full knowledge of its nature and15
consequences", Planned Parenthood v. Danforth.16
(e) "The medical, emotional, and psychological consequences of an abortion17
are serious and can be lasting...", H. L. v. Matheson.18
(f) Abortion facilities or providers offer only limited and/or impersonal19
counseling opportunities.20
(g) Many abortion facilities or providers hire untrained and unprofessional21
"counselors" whose primary goal is to sell abortion services.22
(5) Based on the above findings, it is the purpose of this Act to:23
(a) Ensure that every woman considering an abortion receive complete24
information on her alternatives and that every woman submitting to an abortion do25
so only after giving her voluntary and informed consent to the abortion procedure.26
(b) Protect unborn children from a woman's uninformed decision to have an27
abortion.28 ENROLLEDHB NO. 636
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(c) Reduce "the risk that a woman may elect an abortion only to discover1
later, with devastating psychological consequences, that her decision was not fully2
informed", Planned Parenthood v. Casey.3
(d) Ensure that every woman considering an abortion receive complete4
information regarding the availability of anesthesia or analgesics that would5
eliminate or alleviate organic pain to the unborn child that could be caused by the6
particular method of abortion to be employed.7
B. Informed consent; requirements. After a woman is determined to be8
pregnant, no abortion shall be performed or induced without the voluntary and9
informed consent of the woman upon whom the abortion is to be performed or10
induced. Except in the case of a medical emergency, consent to an abortion is11
voluntary and informed if and only if :12
(1) the The provisions of R.S. 40:1299.35.2 requiring an ultrasound test and13
determination of viability are met , and:.14
(2) The information required by this Section to be communicated orally and15
in person to the woman is provided to her individually and in a private room to16
protect her privacy, for the purpose of ensuring that the information focuses on her17
individual circumstances and that she has an adequate opportunity to ask questions.18
(1) (3) Oral information from the physician. At least twenty-four hours19
before the abortion, the physician who is to perform the abortion or the referring20
physician has informed the woman, orally and in person, of:21
(a) The name of the physician who meets the requirements of R.S.22
46:1299.35.2(A) and who will perform the abortion.23
(b) A description of the proposed abortion method and of those risks24
(including risks to the woman's reproductive health) and alternatives to the abortion25
that a reasonable patient would consider material to the decision of whether or not26
to undergo the abortion.27
(c) The probable gestational age of the unborn child at the time the abortion28
is to be performed; and, if the unborn child is viable or has reached the gestational29 ENROLLEDHB NO. 636
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age of twenty-four weeks and the abortion may be otherwise lawfully performed1
under existing law, that:2
(i) The unborn child may be able to survive outside the womb.3
(ii) The woman has the right to request the physician to use the method of4
abortion that is most likely to preserve the life of the unborn child.5
(iii) If the unborn child is born alive, that attending physicians have the legal6
obligation to take all reasonable steps necessary to maintain the life and health of the7
child.8
(d) The probable anatomical and physiological characteristics of the unborn9
child at the time the abortion is to be performed.10
(e) The medical risks associated with carrying her child to term.11
(f) Any need for anti-Rh immune globulin therapy, if she is Rh negative, the12
likely consequences of refusing such therapy, and a good faith estimate of the cost13
of the therapy.14
(g) The availability of anesthesia or analgesics to alleviate or eliminate15
organic pain to the unborn child that could be caused by the method of abortion to16
be employed.17
(h) The requirement that at least two hours prior to the woman having any18
part of an abortion performed or induced, the physician, referring physician, or19
qualified person working in conjunction with either physician must perform an20
obstetric ultrasound under the provisions of R.S. 40:1299.35.2 for the purpose of21
preserving the woman's health and determining the viability of the unborn child, and22
that neither the physician nor the woman shall be penalized should the woman23
choose not to view the obstetric ultrasound images or not to accept the photographic24
print that shall be provided offered to her in a sealed envelope.25
(i) The inclusion in her printed materials of a comprehensive list, compiled26
by the Department of Health and Hospitals department, of facilities that offer27
obstetric ultrasounds free of charge, along with an oral explanation of the provision28
that shall be included on the department's list that if the woman voluntarily chooses29
to obtain free ultrasound services, that ultrasound would likely be in addition to the30 ENROLLEDHB NO. 636
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ultrasound required by law for purposes of determining viability and preserving the1
woman's health, unless the free ultrasound is performed by the physician performing2
the abortion, the referring physician, or a qualified person working in conjunction3
with either physician. The list shall be arranged geographically and shall include the4
name, address, hours of operation, and telephone number of each entity.5
(2)(a) (4) Oral information from a physician or qualified person.6
(a) In the initial contact with an abortion provider by any person seeking to7
schedule an abortion for a minor or adult woman or for herself, whether such initial8
contact is by telephone, by Internet communication, in person, or by any other9
means, the physician who is to perform the abortion or any person acting on behalf10
of the physician informs the person of the Internet address of the department's11
abortion alternatives and informed consent website provided for in this Section.12
(b) At least twenty-four hours before the a scheduled abortion, the physician13
who is to perform the abortion, the referring physician, or a qualified person has14
informed the woman, orally and in person, that:15
(i) Medical assistance benefits may be available for prenatal care, childbirth,16
and neonatal care, and that more detailed information on the availability of such17
assistance is contained on the department's website and in the printed materials18
which shall be given to her and described as provided in this Section.19
(ii) The department's website and printed materials describe the unborn child20
and list agencies which offer alternatives to abortion.21
(iii) The father of the unborn child is liable to assist in the support of her22
child, even in instances where he has offered to pay for the abortion. In the case of23
rape, this information may be omitted.24
(iv) She is free to withhold or withdraw her consent to the abortion at any25
time before or during the abortion without affecting her right to future care or26
treatment and without the loss of any state or federally funded benefits to which she27
might otherwise be entitled.28 ENROLLEDHB NO. 636
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(b) (c) For purposes of this Paragraph, "qualified person" shall mean an1
agent of the physician who is a psychologist, licensed social worker, licensed2
professional counselor, registered nurse, or physician.3
(3) The information required by this Section is provided to the woman4
individually and in a private room to protect her privacy and maintain the5
confidentiality of her decision, to ensure that the information focuses on her6
individual circumstances, and that she has an adequate opportunity to ask questions.7
(4) (5) Provision of printed materials. At least twenty-four hours before the8
abortion, the woman is given a copy of the printed materials described in this Section9
by the physician who is to perform the abortion, the referring physician, or a10
qualified person as defined in Subparagraph (2)(b) (4)(c) of this Subsection. If the11
woman is unable to read the materials, they shall be read to her. If the woman asks12
questions concerning any of the information or materials, answers shall be provided13
to her in her own language. If an interpreter is necessary, the cost of such interpreter14
shall be borne by the state of Louisiana.15
(5) (6) Certification and reporting. The woman certifies in writing on a form16
provided by the Department of Health and Hospitals department, prior to the17
abortion, that the information and materials required to be provided under this18
Section have been provided at least twenty-four hours prior to the abortion. All19
physicians who perform abortions shall report the total number of certifications20
received monthly to the department. The department shall make the number of21
certifications received available to the public on an annual basis.22
(6) (7) Prior to the performance of the abortion, the physician who is to23
perform the abortion or his agent receives a copy of the written certification required24
by this Section.25
(7) (8) The woman is not required to pay any amount for the abortion26
procedures until the twenty-four-hour period has expired.27
C.(1) Publication of materials abortion alternatives and informed consent28
website.29 ENROLLEDHB NO. 636
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(1) The Department of Health and Hospitals department shall cause to be1
published in English, within ninety one hundred twenty days after June 20, 19952
enactment of this Act, and shall update on an annual basis, or as needed, the3
following easily comprehensible printed materials: information on a stable Internet4
website that shall be developed and maintained by the department5
(a) Geographically indexed materials designed to inform the public of the6
inform the woman of public and private agencies and services available to assist a7
woman through pregnancy, upon childbirth, and while her child is dependent,8
including but not limited to adoption agencies. The materials shall include a9
comprehensive list of the agencies, a description of the services they offer, and the10
telephone number and addresses of the agencies, and inform the woman about11
available the following information that shall indicate the agency's or service's12
physical address, telephone number, and web address if available:13
(a) Information about public and private agencies which provide medical14
assistance benefits that may be available for prenatal care, childbirth, and neonatal15
care, and easily comprehensible information on how to apply for such benefits.16
(b) Public and private pregnancy resource centers that provide information17
and services such as free abortion alternatives counseling, prenatal care, pantry18
services and parenting skills, and that do not refer, counsel, perform, induce,19
prescribe, or provide any means for abortion.20
(c) and Information about the support obligations of the father of a child who21
is born alive and information about the judicial enforcement of child support.22
(d) Information on a separate and featured subpage of the department's23
website that lists facilities that provide free obstetric ultrasound services under the24
provisions of R.S. 40:1299.35.2 and this Section.25
(e) Information on public and private adoption agencies.26
(f) Information on the anatomical and physiological characteristics of the27
unborn child pursuant to the provisions of this Section, including color photographs28
or images consistent with the most current technology depicting the unborn child at29
two-week gestational increments or closer.30 ENROLLEDHB NO. 636
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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.4
(i) Video clips that convey objective and medically accurate information5
about abortion procedures, abortion risks, abortion alternative resources, and6
medically accurate information on the development of an unborn child. Video clips7
may be produced with the in-house resources of the department, or acquired for no8
cost to the state from third parties if the video is approved by the secretary as9
providing objective and medically accurate information.10
(j) Information that helps women identify unlawful abortion coercion,11
including but not limited to resources or hotlines that a minor or adult woman may12
call if she is experiencing actual or threatened physical abuse or violence, loss of13
employment or employment privileges, loss of eligible social assistance, loss of14
educational scholarship, or loss of legally protected financial support or housing.15
(k) Information to assist minors who are considering abortion, including16
parental consent information, and resources to help minors seek the protection of17
state child welfare services, temporary guardianship, or law enforcement authorities18
to report abuse as defined in Article 603 of the Children's Code. The information19
designed to assist minors shall also include a link to pregnancy resource centers as20
defined in Subparagraph (1)(b) of this Subsection.21
(2) The home page of the department's main website shall feature a button22
or other link which accesses the department's abortion alternatives and informed23
consent website, and the home page of such website shall feature user-friendly24
buttons that link to the information required in this Section. The department shall25
ensure that the materials resources described in this Section are comprehensive and26
user-friendly, and that they do not directly or indirectly promote, exclude, or27
discourage the use of any agency or service described in this Section.28
(3) No information regarding who uses the website shall be collected or29
maintained. The department shall monitor the website to prevent and correct30 ENROLLEDHB NO. 636
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tampering and shall immediately notify abortion providers of any change of the1
website address.2
(4) The search capabilities on the department's main website shall ensure that3
entering the term "abortion" yields the website and information required by this4
Section, regardless of how the information is labeled.5
(5) The information on the department's abortion alternatives and informed6
consent website shall be printable. The printed materials required in Subsection D7
of this Section shall be available to download from the website in a portable8
document format without cost. The download of such information shall not be9
deemed to satisfy the requirements of Subsection B of this Section.10
(6) The department's abortion alternatives and informed consent website11
shall be accessible to the public without requiring registration or use of a user name,12
a password, or any user identification.13
(7) The department's abortion alternatives and informed consent website14
shall have the capability of detecting when it is being accessed by a mobile device15
and shall have the capability of converting to a platform designed to be easily16
viewable on mobile devices.17
(8) If an abortion provider has a website, the abortion provider's Internet18
website home page shall include a prominent link to the department's abortion19
alternatives and informed consent website.20
D. Publication of printed materials. The department shall cause to be21
published, within one hundred twenty days after enactment of this Act and shall22
update on an annual basis or as needed, the following printed materials:23
(1) The signs provided for in the Forced Abortion Prevention Sign Act, R.S.24
40:1299.35.5.1.25
(2) A list arranged geographically, including the name, address, hours of26
operation, website address if available, and telephone number of each entity which27
offers obstetric ultrasounds free of charge. The list shall not include any facility that28
counsels, refers, performs, induces, prescribes, or provides any means for abortion.29 ENROLLEDHB NO. 636
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(3) A printed booklet that features the web address of the department's1
dedicated pregnancy resource website printed in a bold large typeface. The booklet2
shall contain an outline of the various topics on the website as provided in3
Subsection C of this Section along with an explanation that more detailed4
information can be found at the department's website. The materials shall also5
contain a separate printed listing of facilities that provide obstetric ultrasound6
services free of charge, as described in Subparagraph (B)(1)(i) of this Section. All7
materials shall include a website address where the required materials can be8
accessed on the Internet. Such website shall be maintained by the Department of9
Health and Hospitals. The printed booklet materials shall state that it is unlawful for10
any individual to coerce a minor or adult woman to undergo an abortion, that any11
physician who performs an abortion upon a woman without her informed consent12
may be liable to her for damages in a civil action at law, and that the law permits13
adoptive parents to pay costs of prenatal care, childbirth, and neonatal care.14
(a) The department's website and printed booklet materials shall include the15
following statements:16
(i) "There are many public and private agencies willing and able to help you17
to carry your child to term, and to assist you and your child after your child is born,18
whether you choose to keep your child or to place her or him for adoption. The state19
of Louisiana strongly urges you to consult an independent physician about the risks20
of abortion to your physical and psychological well-being and to contact them the21
resources provided on our website before making a final decision about abortion.22
The law requires that your physician or his agent the abortion provider give you the23
opportunity to call contact agencies like these before you undergo an abortion."24
(ii) "By twenty weeks gestation, the unborn child has the physical structures25
necessary to experience pain. There is evidence that by twenty weeks gestation26
unborn children seek to evade certain stimuli in a manner which in an infant or an27
adult would be interpreted to be a response to pain. Anesthesia is routinely28
administered to unborn children who are twenty weeks gestational age or older who29
undergo prenatal surgery."30 ENROLLEDHB NO. 636
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(b) The printed booklet shall include Materials materials that inform the1
pregnant woman of the probable anatomical and physiological characteristics of the2
unborn child at a minimum of two-week gestational increments from fertilization to3
full term, including color pictures or drawings representing photographs or medical4
images consistent with the most current technology depicting the development of5
unborn children at two-week gestational increments, and any relevant information6
on the possibility of the unborn child's survival; provided that any such color pictures7
or drawings photographs or images shall contain the dimensions of the unborn child8
and shall be realistic medically accurate. The materials shall be objective,9
nonjudgmental, and designed to convey only accurate scientific information about10
the unborn child at the various gestational ages. The material shall also contain11
objective information describing the methods of abortion procedures commonly12
employed, the short-term and long-term medical risks commonly associated with13
each such procedure abortion as supported by peer-reviewed medical journals, and14
the medical risks commonly associated with carrying a child to term.15
(4) A certification form to be used by physicians or their agents as provided16
in Paragraph B(5) of this Section, which will list all the items of information which17
are to be given to women by physicians or their agents as required by this Section.18
(2) E. The materials provided for in Subsection D of this Section shall be19
printed in a typeface large enough to be clearly legible ., 20
(3) The materials required under this Section and shall be available at no cost21
from the department upon request and in appropriate number to any person, facility,22
or hospital. The department's abortion alternatives and informed consent website23
shall contain information on ordering printed materials.24
(4) The department shall promulgate rules and regulations relative to the25
appropriate number and methods of reporting at no cost methods of distribution of26
printed materials.27
D. F. Medical emergency. Where a medical emergency compels the28
performance of an abortion, the physician shall orally inform the woman, before the29
abortion, if possible, of the medical indications supporting his judgment that an30 ENROLLEDHB NO. 636
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abortion is necessary to avert her death or to avert substantial and irreversible1
impairment of a major bodily function. 2
E. G. Reporting requirements. Any physician who has provided the3
information and materials to any woman in accordance with the requirements of this4
Section shall provide to the department:5
(1) With respect to a woman upon whom an abortion is performed, all6
information as required by R.S. 40:1299.35.10 as well as the date upon which the7
information and materials required to be provided under this Section were provided,8
as well as an executed copy of the certification form required by Paragraph B(5) of9
this Section.10
(2) With respect to any woman to whom the printed and oral information and11
materials have been provided in accordance with this Section, but upon whom the12
physician has not performed an abortion, the name and address of the facility where13
the required information was provided and the information as required by R.S.14
40:1299.35.10(A)(1) and (4) through (18) inclusive, and if executed by the woman,15
a copy of the certification form required by Paragraph B(5) of this Section.16
F. H. Criminal penalties.17
(1) Any person who intentionally, knowingly, or recklessly fails to comply18
with all the requirements of this Section shall be subject to the penalties provided in19
R.S. 40:1299.35.18 R.S. 40:1299.35.19.20
(2) No physician shall be guilty of violating this Section if he or she can21
demonstrate, by a preponderance of the evidence, that he or she reasonably believed22
that furnishing the required information would have resulted in a severely adverse23
effect on the physical or mental health of the pregnant woman, provided that the24
pregnancy is terminated in a licensed hospital and that it is necessary, as certified25
with supporting medical reasons by the physician in the woman's medical record, to26
avert the woman's death or avoid serious risk of substantial and irreversible27
impairment of a major bodily function, or to induce the premature delivery of an28
unborn child who is eighteen weeks gestational age or greater when the physician29
has made a good faith medical judgment that the unborn child's medical condition30 ENROLLEDHB NO. 636
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are additions.
is such that there is no realistic possibility of maintaining the life of the unborn child1
outside the womb even if the unborn child were to be delivered after a full term2
pregnancy.3
G. Civil penalties. In addition to whatever remedies are otherwise available4
under the law of this state, failure to comply with the requirements of this Section5
shall:6
(1) Provide a basis for a civil malpractice action. Any intentional violation7
of this Section shall be admissible in a civil suit as prima facie evidence of a failure8
to obtain an informed consent. When requested, the court shall allow a woman to9
proceed using solely her initials or a pseudonym and may close any proceedings in10
the case and enter other protective orders to preserve the privacy of the woman upon11
whom the abortion was performed.12
(2) Provide a basis for professional disciplinary action under R.S. 37:126113
et seq.14
(3) Provide a basis for recovery for the woman for the death of her unborn15
child under Louisiana Civil Code Article 2315.2, whether or not the unborn child16
was viable at the time the abortion was performed, or was born alive.17
H. I. Limitation on civil liability. Any physician who complies with the18
provisions of this Section may not be held civilly liable to his patient for failure to19
obtain informed consent to the abortion under this Section. Any and all other rights20
and remedies are preserved to the patient.21
I. Severability. The provisions of the Act which originated as House Bill22
No. 2246 of the 1995 Regular Session of the Legislature are declared to be severable,23
and if any provision, word, phrase, or clause of the Act or the application thereof to24
any person shall be held invalid, such invalidity shall not affect the validity of the25
remaining portions of the Act.26
J. Construction.27
(1) Nothing in this Section shall be construed as creating or recognizing a28
right to abortion.29 ENROLLEDHB NO. 636
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are additions.
(2) It is not the intention of this Section to make lawful an abortion that is1
unlawful on June 20, 1995 upon the effective date of this Act, or which later2
becomes unlawful.3
K. Right of intervention. The author and coauthors who sponsored or4
cosponsored the Act which originated as House Bill No. 2246 of the 1995 Regular5
Session of the Legislature in his or her official standing and capacity shall intervene6
as a matter of right in any case in which the constitutionality of this Section is7
challenged.8
* * *9
§1299.35.19. Penalties 10
Whoever violates the provisions of this Part shall be fined not more than one11
thousand dollars, or imprisoned for not more than two years, or both. In addition to12
whatever remedies are otherwise available under the law of this state, failure to13
comply with the provisions of this Part shall:14
(1) Provide a basis for a civil malpractice action. Any intentional violation15
of this Part shall be admissible in a civil suit as prima facie evidence of a failure to16
comply with the requirements of this Part. When requested, the court shall allow a17
woman to proceed using solely her initials or a pseudonym and may close any18
proceedings in the case and enter other protective orders to preserve the privacy of19
the woman upon whom the abortion was performed.20
(2) Provide a basis for professional disciplinary action under R.S. 37:126121
et seq.22
(3) Provide a basis for recovery for the woman for the death of her unborn23
child under Louisiana Civil Code Article 2315.2, whether or not the unborn child24
was viable at the time the abortion was performed, or was born alive.25
Section 2. If any provision or item of this Act, or the application thereof, is held26
invalid, such invalidity shall not affect other provisions, items, or applications of the Act27 ENROLLEDHB NO. 636
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are additions.
which can be given effect without the invalid provision, item, or application and to this end1
the provisions of this Act are hereby declared severable.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: