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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2013 ENROLLED
SENATE BILL NO. 90
BY SENATORS MILLS, APPEL, BROOME, CORTEZ, CROWE, JOHNS, LONG,
MARTINY, NEVERS, PEACOCK, PERRY, RISER, TARVER,
THOMPSON AND WARD AND REPRESENTATIV ES ADAMS,
ANDERS, BARROW, BROADWATER, BURFORD, HENRY BURNS,
TIM BURNS, CARTER, CHAMPAGNE, CHANEY, COX, DOVE,
FRANKLIN, GAROFALO, GISCLAIR, GUILLORY, HARRISON,
HAVARD, HAZEL, HENRY, HENSGENS, HILL, HODGES,
HOFFMANN, HONORE, HOWARD, I VEY, KATRINA JACKSON,
JOHNSON, LEBAS, LORUSSO, MILLER, MONTOUCET, JAY
MORRIS, ORTEGO, POPE, PUGH, PYL ANT, REYNOLDS,
RICHARD, SEABAUGH, SIMON, ST. GERMAIN, STOKES,
TALBOT, THIBAUT, THOMPSON, WHI TNEY, PATRICK
WILLIAMS AND WILLMOTT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 40:1299.35.1(7), 1299.35.2(A), 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), 1299.35.19(introductory paragraph)8
and (1) are hereby amended and reenacted and R.S. 40:1299.35.2.1 is hereby enacted to read9
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
§1299.35.2. Abortion by physician; determination of viability; ultrasound test18
required; exceptions; penalties19
ACT No. 259 SB NO. 90 ENROLLED
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A. Physician requirement. No person shall perform or induce an abortion1
unless that person is a physician licensed to practice medicine in the state of2
Louisiana and is currently enrolled in or has completed a residency in obstetrics3
and gynecology or family medicine. Any outpatient abortion facility that4
knowingly or negligently employs, contracts with, or provides any valuable5
consideration for the performance of an abortion to in an outpatient abortion6
facility by any person who is not a physician licensed to practice medicine in the7
state of Louisiana, does not meet the requirements of this Section is subject to8
having its license denied, non-renewed, or revoked by the Department of Health and9
Hospitals in accord with R.S. 40:2175.6.10
* * *11
§1299.35.2.1. Drugs or chemicals used; penalties12
A. When any drug or chemical is used for the purpose of inducing an13
abortion as defined in R.S. 40:1299.35.1(1), the physician who prescribed the14
drug or chemical shall be in the same room and in the physical presence of the15
pregnant woman when the drug or chemical is initially administered, dispensed,16
or otherwise provided to the pregnant woman.17
B. Any person who knowingly performs or attempts to perform an18
abortion without complying with the requirements of this Section shall be19
subject to penalties pursuant to R.S. 40:1299.35.19. No penalty may be assessed20
against the woman upon whom the abortion is performed or attempted to be21
performed.22
* * *23
§1299.35.19. Penalties24
Whoever violates the provisions of this Part shall be fined not more than one25
thousand dollars per incidence or occurrence, or imprisoned for not more than two26
years, or both. In addition to whatever remedies are otherwise available under the27
law of this state, failure to comply with the provisions of this Part shall:28
(1) Provide a basis for a civil malpractice action. Such an action may be29
brought by the woman upon whom the abortion was performed. Any intentional30 SB NO. 90 ENROLLED
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violation of this Part shall be admissible in a civil suit as prima facie evidence of a1
failure to comply with the requirements of this Part. When requested, the court shall2
allow a woman to proceed using solely her initials or a pseudonym and may close3
any proceedings in the case and enter other protective orders to preserve the privacy4
of the woman upon whom the abortion was performed.5
* * *6
Section 2. If any provision or item of this Act, or the application thereof, is held7
invalid, such invalidity shall not affect other provisions, items, or applications of the Act8
which can be given effect without the invalid provision, item, or application and to this end9
the provisions of this Act are hereby declared severable.10
Section 3. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: