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Regular Session, 2013
SENATE BILL NO. 90
BY SENATOR MILLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE. Provides for certain requirements which must be met by a physician who
performs an abortion. (gov sig)
AN ACT1
To amend and reenact R.S. 40:1299.35.1(7), 1299.35.2(A), and 1299.35.19(introductory2
paragraph) and (1) and to enact R.S. 40:1299.35.2.1, relative to abortions; to amend3
the definition of "physician"; to provide for certain requirements which must be met4
by a physician who performs an abortion; to provide for drugs or chemicals used; to5
provide for penalties; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1299.35.1(7), 1299.35.2(A), and 1299.35.19(introductory8
paragraph) and (1) are hereby amended and reenacted and R.S. 40:1299.35.2.1 is hereby9
enacted to read as follows:10
§1299.35.1. Definitions11
As used in R.S. 40:1299.35.0 through 1299.35.19, the following words have12
the following meanings:13
* * *14
(7) "Physician" means a person licensed to practice medicine in the state of15
Louisiana who meets the requirements of R.S. 40:1299.35.2.16
* * *17 SB NO. 90
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§1299.35.2. Abortion by physician; determination of viability; ultrasound test1
required; exceptions; penalties2
A. Physician requirement. No person shall perform or induce an abortion3
unless that person is a physician licensed to practice medicine in the state of4
Louisiana and is board certified or eligible in obstetrics and gynecology. Any5
outpatient abortion facility that knowingly or negligently employs, contracts with,6
or provides any valuable consideration for the performance of an abortion to in an7
outpatient abortion facility by any person who is not a physician licensed to8
practice medicine in the state of Louisiana, does not meet the requirements of this9
Section is subject to having its license denied, non-renewed, or revoked by the10
Department of Health and Hospitals in accord with R.S. 40:2175.6.11
* * *12
§1299.35.2.1. Drugs or chemicals used; follow-up visit; written instructions13
required; penalties14
A. When any drug or chemical is used for the purpose of inducing an15
abortion as defined in R.S. 40:1299.35.1(1), the drug or chemical shall be16
administered in the same room and in the physical presence of the physician17
who prescribed, dispensed, or otherwise provided the drug or chemical to the18
pregnant woman.19
B. The physician inducing the abortion, or a person acting on behalf of20
the physician inducing the abortion as defined in R.S. 40:1299.35.1(1), shall give21
the pregnant woman written instructions to return twelve to eighteen days after22
the administration or use of any drug or chemical for the purpose of inducing23
an abortion as defined in R.S. 40:1299.35.1(1) for a follow-up visit, so the24
physician may confirm the pregnancy has been terminated and assess the25
woman's medical condition. The woman's medical record shall include a brief26
description of the reasonable efforts made by the physician or someone acting27
on behalf of the physician to encourage the woman to attend the follow-up28
appointment, including the date, time, and identification by name of the person29 SB NO. 90
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making such efforts.1
C. Any person who knowingly or negligently performs or attempts to2
perform an abortion without complying with Subsection B of this Section shall3
be subject to penalties pursuant to R.S. 40:1299.35.19. No penalty may be4
assessed against the woman upon whom the abortion is performed or attempted5
to be performed.6
* * *7
§1299.35.19. Penalties8
Whoever violates the provisions of this Part shall be fined not more than one9
thousand dollars per incidence or occurrence, or imprisoned for not more than two10
years, or both. In addition to whatever remedies are otherwise available under the11
law of this state, failure to comply with the provisions of this Part shall:12
(1) Provide a basis for a civil malpractice action. Such action may be13
brought by the woman on whom the abortion was performed, the natural or14
biological father of the unborn child, or the maternal grandparents of the15
unborn child. Any intentional violation of this Part shall be admissible in a civil16
suit as prima facie evidence of a failure to comply with the requirements of this Part.17
When requested, the court shall allow a woman to proceed using solely her initials18
or a pseudonym and may close any proceedings in the case and enter other protective19
orders to preserve the privacy of the woman upon whom the abortion was performed.20
* * *21
Section 2. If any provision or item of this Act, or the application thereof, is held22
invalid, such invalidity shall not affect other provisions, items, or applications of the Act23
which can be given effect without the invalid provision, item, or application and to this end24
the provisions of this Act are hereby declared severable.25
Section 3. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28
vetoed by the governor and subsequently approved by the legislature, this Act shall become29 SB NO. 90
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effective on the day following such approval.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Present law defines a "physician" to mean a person licensed to practice medicine in the state
of Louisiana.
Proposed law amends present law to define a "physician" to mean a person licensed to
practice medicine in the state of Louisiana and is board certified or eligible in obstetrics and
gynecology.
Proposed law provides when any drug or chemical is used for the purpose of inducing an
abortion as defined in present law, the drug or chemical shall be administered in the same
room and in the physical presence of the physician who prescribed, dispensed, or otherwise
provided the drug or chemical to the pregnant woman.
Proposed law provides the physician inducing the abortion, or a person acting on behalf of
the physician inducing the abortion as defined in present law, shall give the pregnant woman
written instructions to return 12 to 18 days after the administration or use of any drug or
chemical for the purpose of inducing an abortion as defined in present law for a follow-up
visit, so the physician may confirm the pregnancy has been terminated and assess the
woman's medical condition. The woman's medical record shall include a brief description
of the reasonable efforts made by the physician or someone acting on behalf of the physician
to encourage the woman to attend the follow-up appointment, including the date, time, and
identification by name of the person making such efforts.
Proposed law provides any person who knowingly or negligently performs or attempts to
perform an abortion without complying with proposed law shall be subject to penalties
pursuant to present law. No penalty may be assessed against the woman upon whom the
abortion is performed or attempted to be performed.
Present law provides whoever violates the provisions of present law shall be fined not more
than $1,000, or imprisoned for not more than two years, or both. In addition to whatever
remedies are otherwise available under the law of this state, failure to comply with the
provisions of present law shall provide a basis for a civil malpractice action. Any intentional
violation of present law shall be admissible in a civil suit as prima facie evidence of a failure
to comply with the requirements of present law. When requested, the court shall allow a
woman to proceed using solely her initials or a pseudonym and may close any proceedings
in the case and enter other protective orders to preserve the privacy of the woman upon
whom the abortion was performed.
Proposed law amends present law to whoever violates the provisions of present law shall be
fined not more than $1,000 per incidence or occurrence, or imprisoned for not more than two
years, or both. In addition to whatever remedies are otherwise available under the law of this
state, failure to comply with the provisions of present law shall provide a basis for a civil
malpractice action. Such action may be brought by the woman on whom the abortion was
performed, the natural or biological father of the unborn child, or the maternal grandparents
of the unborn child. Any intentional violation of present law shall be admissible in a civil
suit as prima facie evidence of a failure to comply with the requirements of present law.
When requested, the court shall allow a woman to proceed using solely her initials or a
pseudonym and may close any proceedings in the case and enter other protective orders to
preserve the privacy of the woman upon whom the abortion was performed.
Effective upon signature of the governor or lapse of time for gubernatorial action. SB NO. 90
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(Amends R.S. 40:1299.35.1(7), 1299.35.2(A), and 1299.35.19(intro para) and (1) and adds
R.S. 40:1299.35.2.1)