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 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.