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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; penalties13
A. When any drug or chemical is used for the purpose of inducing an14
abortion as defined in R.S. 40:1299.35.1(1), the physician who prescribed the15
drug or chemical shall be in the same room and in the physical presence of the16
pregnant woman when the drug or chemical is initially administered, dispensed,17
or otherwise provided to the pregnant woman.18
B. Any person who knowingly performs or attempts to perform an19
abortion without complying with the requirements of this Section shall be20
subject to penalties pursuant to R.S. 40:1299.35.19. No penalty may be assessed21
against the woman upon whom the abortion is performed or attempted to be22
performed.23
* * *24
§1299.35.19. Penalties25
Whoever violates the provisions of this Part shall be fined not more than one26
thousand dollars per incidence or occurrence, or imprisoned for not more than two27
years, or both. In addition to whatever remedies are otherwise available under the28
law of this state, failure to comply with the provisions of this Part shall:29 SB NO. 90
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(1) Provide a basis for a civil malpractice action. Such action may be1
brought by the woman on whom the abortion was performed, the natural or2
biological father of the unborn child, or the maternal grandparents of the3
unborn child. Any intentional violation of this Part shall be admissible in a civil4
suit as prima facie evidence of a failure to comply with the requirements of this Part.5
When requested, the court shall allow a woman to proceed using solely her initials6
or a pseudonym and may close any proceedings in the case and enter other protective7
orders to preserve the privacy of the woman upon whom the abortion was performed.8
* * *9
Section 2. If any provision or item of this Act, or the application thereof, is held10
invalid, such invalidity shall not affect other provisions, items, or applications of the Act11
which can be given effect without the invalid provision, item, or application and to this end12
the provisions of this Act are hereby declared severable.13
Section 3. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Mills (SB 90)
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 physician who prescribed the drug or chemical shall
be in the same room and in the physical presence of the pregnant woman when the drug or
chemical is initially administered, dispensed, or otherwise provided to the pregnant woman.
Proposed law provides any person who knowingly 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 SB NO. 90
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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.
(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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Deletes requirement that the attending physician give certain written
instructions to pregnant woman regarding follow-up visit and the
requirement relative to medical records notation.
2. Removes negligence as a cause for penalties for non-compliance or
attempted non-compliance with the requirements regarding drugs or
chemicals to induce an abortion.
3. Technical change.