RDCSB90 2709 3510
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The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Michelle Broussard-Johnson.
DIGEST
Mills (SB 90)
Present law defines "physician", for the purposes of present law relative to abortion, as a
person licensed to practice medicine in the state of Louisiana. Proposed law amends present
law to define "physician" as a person licensed to practice medicine in the state of Louisiana
and who is currently enrolled in or has completed a residency in obstetrics and gynecology
or family medicine.
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. 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); 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. RDCSB90 2709 3510
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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.
Senate Floor Amendments to engrossed bill
1. Changes the physician requirement from board certification or eligibility to
completion of residency in obstetrics and gynecology.
2. Changes the civil malpractice action from being brought upon by the woman
whom the abortion was performed, natural or biological father or the
maternal grandparents to being brought upon by any woman upon whom the
abortion was performed.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
reengrossed bill.
1. Added the following as physicians authorized to perform or induce an abortion
pursuant to present law and proposed law:
(a)A physician who is currently enrolled in a residency in obstetrics and
gynecology.
(b)A physician who has completed a residency in family medicine.
(c)A physician who is currently enrolled in a residency in family medicine