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.
(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)