HLS 14RS-2920 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1262 (Substitute for House Bill No. 727 by Representative Ivey)
BY REPRESENTATIVES IVEY, BARROW, BURFORD, COX, HARRIS, HENSGENS,
HILL, HOFFMANN, KATRINA JACKSON, LEBAS, JAY MORRIS, POPE,
SIMON, STOKES, WHITNEY, PATRICK WILLIAMS, AND WILLMOTT
ABORTION: Provides relative to information to be conveyed to a woman prior to abortion
AN ACT1
To amend and reenact R.S. 40:1299.35.6(B)(5) and to enact R.S. 40:1299.35.5.2,2
1299.35.8(A)(6) and (7), and 1299.35.10(A)(27) and (28), relative to consent to3
abortion; to require provision of certain materials to women prior to abortion and to4
provide for the content of such materials; to provide for requirements of the5
Department of Health and Hospitals relative to development and publication of6
printed and Internet-based materials concerning abortion; to provide for duties of7
physicians who perform abortions; to provide for items to be retained in the medical8
record of each pregnant woman upon whom an abortion is performed or induced; to9
provide for the content of reports to the Department of Health and Hospitals by10
physicians concerning abortions performed or induced; to provide for a task force on11
informational materials to be delivered to women prior to abortion; and to provide12
for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 40:1299.35.6(B)(5) is hereby amended and reenacted and R.S.15
40:1299.35.5.2, 1299.35.8(A)(6) and (7), and 1299.35.10(A)(27) and (28) are hereby enacted16
to read as follows:17
§1299.35.6. Woman's Right To Know18
* * *19 HLS 14RS-2920 ORIGINAL
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B. Informed consent; requirements. After a woman is determined to be1
pregnant, no abortion shall be performed or induced without the voluntary and2
informed consent of the woman upon whom the abortion is to be performed or3
induced. Except in the case of a medical emergency, consent to an abortion is4
voluntary and informed if and only if:5
* * *6
(5)(a) Provision of printed materials. At least twenty-four hours before the7
abortion, the woman is given a copy of the printed materials described in this Section8
by the physician who is to perform the abortion, the referring physician, or a9
qualified person as defined in Subparagraph (4)(c) of this Subsection. If the woman10
is unable to read the materials, they shall be read to her. If the woman asks questions11
concerning any of the information or materials, answers shall be provided to her in12
her own language.13
(b) Each copy of a printed item that the department creates for the purpose14
of distribution to a woman considering abortion, as required by this Section, shall be15
marked with a unique identifier printed on three segments that are perforated and can16
be torn easily from the printed item.17
(c) When the physician or other qualified person conveys the pamphlet or18
other printed item to a woman or minor female considering an abortion as required19
in this Section, he shall remove two segments bearing the unique identifier and20
dispense with those segments as follows:21
(i) He shall place one segment bearing the unique identifier in the medical22
record of the woman along with all other documentation required by R.S.23
40:1299.35.8.24
(ii) He shall submit one segment bearing the unique identifier to the25
department within thirty days after the date of the abortion along with all other26
documentation required by R.S. 40:1299.35.10.27
(d) The department may produce copies of the materials described in this28
Section that do not bear unique identifiers, and such materials lacking unique29 HLS 14RS-2920 ORIGINAL
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identifiers may be distributed to persons other than women and minor females who1
are required to receive the materials by the provisions of this Section, and to have2
certification of receipt of the materials included in their medical records in3
accordance with R.S. 40:1299.35.8(A). All copies of materials that women and4
minor females considering abortion are required to receive shall bear a unique5
identifier in accordance with Subparagraph (b) of this Paragraph for the purpose of6
facilitating recordation in accordance with Subparagraph (c) of this Paragraph.7
* * *8
§1299.35.5.2. Information on psychological impacts, illegal coercion, abuse, and9
human trafficking required prior to abortion; task force on information10
resources11
A. The legislature hereby declares that women of this state have a right to12
know that undergoing an abortion may have serious psychological impacts, including13
severe emotional distress and mental and behavioral health afflictions.14
B. At least twenty-four hours prior to undergoing an elective abortion as15
defined in R.S. 40:1299.35.1, and as a condition for consent to the abortion to be16
deemed voluntary and informed, the woman or minor female considering abortion17
shall be given a copy of the printed materials described in this Section by the18
physician who is to perform the abortion or a qualified person as defined in R.S.19
40:1299.35.6(B)(4)(c).20
C.(1) The physician or qualified person shall provide to the woman or minor21
female seeking an abortion the printed materials required by this Section individually22
and in a private room for the purpose of ensuring that she has an adequate23
opportunity to ask questions and discuss her individual circumstances.24
(2) The physician or qualified person shall obtain the signature of the woman25
or minor female seeking an abortion on a form certifying that the printed materials26
were given to the woman or minor female.27
(3) In the case of a minor female considering an abortion, if a parent28
accompanies the minor female to the appointment with the physician or qualified29 HLS 14RS-2920 ORIGINAL
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person described in Subsection B of this Section, then the physician or qualified1
person shall provide to the parent copies of the materials given to the female in2
accordance with Paragraph (1) of this Subsection.3
(4) The signed certification form provided for in Paragraph (2) of this4
Subsection shall be kept within the medical record of the woman or minor female5
upon whom the abortion procedure was performed for a period of at least seven6
years.7
D. The department shall create printed materials and printable Internet-based8
resources that provide all of the following:9
(1)(a) Information, telephone numbers, and links to Internet websites of10
nonprofit organizations that offer free and confidential access to mental health11
professionals, social workers, and other trained counselors who serve women and12
minor females who may experience psychological distress or other mental,13
emotional, or behavioral health afflictions before an abortion.14
(b) The department shall take such actions as are necessary to ensure that any15
mental or behavioral health professional or other counselor to whom a woman or16
minor female may be referred through the organizations listed in the materials17
developed pursuant to this Paragraph meets all of the following criteria:18
(i) Provides counseling services that objectively address the mental,19
emotional, and behavioral health effects that may occur prior to an abortion.20
(ii) Is not affiliated with an abortion provider.21
(2)(a) Information, telephone numbers, and links to Internet websites of22
nonprofit organizations that offer free and confidential access to mental health23
professionals, social workers, and other trained counselors who serve women and24
minor females who may experience psychological distress or other mental,25
emotional, or behavioral health afflictions after undergoing an abortion.26
(b) The department shall take such actions as are necessary to ensure that any27
mental or behavioral health professional or other counselor to whom a woman or28 HLS 14RS-2920 ORIGINAL
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minor female may be referred through the organizations listed in the materials1
developed pursuant to this Paragraph meets all of the following criteria:2
(i) Provides counseling services that objectively address the mental,3
emotional, and behavioral health effects that may result from undergoing the4
abortion procedure.5
(ii) Is not affiliated with an abortion provider.6
(3)(a) Information, telephone numbers, and links to Internet websites of7
nonprofit organizations that offer free and confidential access to mental health8
professionals, social workers, and other trained counselors who are trained in9
counseling women and minor females who experience coercion to obtain an abortion10
concerning the psychological impacts or other mental, emotional, or behavioral11
health afflictions that may result from experiencing a coerced abortion.12
(b) The department shall take such actions as are necessary to ensure that any13
mental or behavioral health professional or other counselor to whom a woman or14
minor female may be referred through the organizations listed in the materials15
developed pursuant to this Paragraph meets all of the following criteria:16
(i) Provides counseling services that objectively address the mental,17
emotional, and behavioral health effects that may result from experiencing coercion18
to obtain an abortion.19
(ii) Is not affiliated with an abortion provider.20
(c) The materials developed pursuant to this Paragraph shall clearly indicate21
that coerced abortion is defined in Louisiana law, Children's Code Article 603, as a22
form of abuse that seriously endangers the physical, mental, and emotional health23
and safety of a child.24
(4)(a) Information, telephone numbers, and links to Internet websites of25
nonprofit organizations that offer free and confidential access to mental health26
professionals, social workers, and other trained counselors for women and minor27
females who are victims of the crime of human trafficking or the crime of trafficking28
of children for sexual purposes.29 HLS 14RS-2920 ORIGINAL
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(b) The department shall take such actions as are necessary to ensure that any1
mental or behavioral health professional or other counselor to whom a woman or2
minor female may be referred through the organizations listed in the materials3
developed pursuant to this Paragraph meets all of the following criteria:4
(i) Provides counseling services that objectively address the mental,5
emotional, and behavioral health effects that may result from being a victim of6
human trafficking.7
(ii) Is not affiliated with an abortion provider.8
(c) The materials developed pursuant to this Paragraph shall clearly indicate9
all of the following:10
(i) That victims of human trafficking can be safe after their rescue from11
being trafficked.12
(ii) That Louisiana provides for assistance to victims of human trafficking,13
as required by R.S. 46:2162 et seq..14
(iii) That there are public and private agencies providing valuable assistance15
to women and girls who have been commercially and sexually exploited; and that16
help available to victims of trafficking and other exploitation includes housing17
assistance, education, job training, and drug addiction counseling.18
(iv) That legal assistance is available to women and girls seeking to escape19
the sex trade, including assistance in vacating prior prostitution convictions.20
(v) That the crime of trafficking of children for sexual purposes is subject21
to the mandatory reporting laws set forth in Children's Code Articles 603, 609, and22
610.23
(d) Any pamphlet developed pursuant to this Paragraph shall be known as24
the "Point of Rescue" pamphlet.25
E.(1) Each copy of a pamphlet or other printed item that the department26
creates pursuant to Subsection D of this Section for distribution to women and minor27
females considering abortion shall be marked with a unique identifier printed on28 HLS 14RS-2920 ORIGINAL
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three segments that are perforated and can be torn easily from the pamphlet or other1
printed item.2
(2) When the physician or other qualified person conveys the pamphlet or3
other printed item to a woman or minor female considering an abortion as required4
in Subsection C of this Section, he shall remove two segments bearing the unique5
identifier and dispense with those segments as follows:6
(a) He shall place one segment bearing the unique identifier in the medical7
record of the woman along with all other documentation required by R.S.8
40:1299.35.8.9
(b) He shall submit one segment bearing the unique identifier to the10
department within thirty days after the date of the abortion along with all other11
documentation required by R.S. 40:1299.35.10.12
(3) The department may produce copies of the materials described in13
Subsection D of this Section that do not bear unique identifiers, and such materials14
lacking unique identifiers may be distributed to persons other than women and minor15
females who are required to receive the materials by the provisions of Subsection C16
of this Section, and to have certification of receipt of the materials included in their17
medical records in accordance with R.S. 40:1299.35.8(A). All copies of materials18
that women and minor females considering abortion are required to receive shall bear19
a unique identifier in accordance with Paragraph (1) of this Subsection for the20
purpose of facilitating recordation in accordance with Paragraph (2) of this21
Subsection.22
F. The governor shall convene a task force to assist the Department of Health23
and Hospitals in the preparation of the printed and Internet materials provided for in24
this Section. The task force shall be comprised of the following members:25
(1) One psychologist licensed by the Louisiana State Board of Examiners of26
Psychologists.27
(2) One physician who is board certified as a psychiatrist and licensed by the28
Louisiana State Board of Medical Examiners.29 HLS 14RS-2920 ORIGINAL
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(3) One licensed clinical social worker licensed by the Louisiana State Board1
of Social Work Examiners.2
(4) Two Louisiana residents who provide pre-abortion or post-abortion3
counseling in association with a nonprofit organization that does not counsel for or4
provide abortion.5
(5) Two attorneys licensed in Louisiana who specialize in advocacy for6
women and minor females who are at risk of being coerced into or psychologically7
harmed by abortion.8
(6) The executive director of the Louisiana Human Trafficking Task Force.9
(7) The executive director and the residential director of a residential10
program for women who have been commercially and sexually exploited.11
(8) Two members of the Senate appointed by the president.12
(9) Two members of the House of Representatives appointed by the speaker.13
(10) The secretary of the Department of Health and Hospitals, who shall14
serve as the chairperson of the task force.15
G. Nothing in this Section shall be construed to conflict with or supercede16
the requirement for mandatory reporting of child abuse provided in Children's Code17
Article 609.18
* * *19
§1299.35.8. Records20
A. Each physician shall retain and make part of the medical record of each21
pregnant woman upon whom an abortion is performed or induced, copies of the22
following:23
* * *24
(6) The signed certification form provided for in R.S. 40:1299.35.5.2(C)25
indicating that the woman acknowledged receipt of informational materials26
concerning psychological impacts, illegal coercion, abuse, and human trafficking.27 HLS 14RS-2920 ORIGINAL
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(7) The segments bearing the unique identifiers of the pamphlets and other1
printed items conveyed to a woman or minor female prior to the abortion procedure2
as required in R.S. 40:1299.35.6(B)(5) and R.S. 40:1299.35.5.2(E).3
* * *4
§1299.35.10. Reports5
A. An individual abortion report for each abortion performed or induced6
shall be completed by the attending physician. The report shall be confidential and7
shall not contain the name or address of the woman. The report shall include:8
* * *9
(27) The signed certification form provided for in R.S. 40:1299.35.5.2(C)10
indicating that the woman acknowledged receipt of informational materials11
concerning psychological impacts, illegal coercion, abuse, and human trafficking.12
(28) The segments bearing the unique identifiers of the pamphlets and other13
printed items conveyed to a woman or minor female prior to the abortion procedure14
as required in R.S. 40:1299.35.6(B)(5) and R.S. 40:1299.35.5.2(E).15
* * *16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ivey HB No. 1262
Abstract: Provides for information on psychological impacts, illegal coercion, abuse, and
human trafficking to be delivered to women and minor females prior to abortion.
Present law provides that after a woman is determined to be pregnant, no abortion shall be
performed or induced without the woman's voluntary and informed consent. Proposed law
retains present law and adds requirements and conditions for consent to an abortion to be
deemed voluntary and informed.
Present law provides that at least 24 hours before an abortion, the woman shall be given a
copy of certain printed materials described in the Woman's Right To Know law (R.S.
40:1299.35.6 of present law) by the physician who is to perform the abortion, the referring
physician, or a qualified person as defined in present law. Proposed law retains present law
and adds thereto a requirement that DHH mark each copy of a printed item it creates and
provides pursuant to present law with a unique identifier printed on three segments that are
perforated and can be torn easily from the printed item. Proposed law provides further that
when the physician or other qualified person conveys the pamphlet or other printed item to HLS 14RS-2920 ORIGINAL
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a woman or minor female considering an abortion, he shall remove two segments bearing
the unique identifier and dispense with those segments as follows:
(1)He shall place one segment bearing the unique identifier in the medical record of the
woman along with all other documentation required by present law, R.S.
40:1299.35.8.
(2)He shall submit one segment bearing the unique identifier to DHH within 30 days
after the date of the abortion along with all other documentation required by present
law R.S. 40:1299.35.10.
Proposed law authorizes DHH to produce copies of the materials described in present law
that do not bear unique identifiers. Provides that such materials lacking unique identifiers
may be distributed to persons other than women and minor females who are required to
receive the materials by present law, and to and to have certification of receipt of the
materials included in their medical records.
Proposed law provides a declaration indicating that women of this state have a right to know
that undergoing an abortion may have serious psychological impacts, including severe
emotional distress and mental and behavioral health afflictions.
Proposed law provides that at least 24 hours prior to undergoing an elective abortion, the
woman or minor female considering abortion shall be given a copy of the printed materials
on psychological impacts, illegal coercion, abuse, and human trafficking described in
proposed law. Proposed law stipulates that provision of these materials is a condition for
the woman's or minor female's consent to the abortion to be deemed voluntary and informed.
Proposed law requires that the physician or qualified person, as defined in present law, shall
provide to the woman or minor female seeking an abortion the materials required by
proposed law individually and in a private room for the purpose of ensuring that she has an
adequate opportunity to ask questions and discuss her individual circumstances.
Proposed law requires that the physician or qualified person obtain the signature of the
woman or minor female certifying that the printed materials were given to the her.
Proposed law provides that in the case of a minor female considering an abortion, if a parent
accompanies the minor female to the appointment with the physician or qualified person,
then the physician or qualified person shall provide to the parent copies of the materials that
were given to the female in accordance with proposed law.
Proposed law requires DHH to create printed materials and printable Internet-based
resources that provide information on mental, emotional, and behavioral health impacts prior
to abortion; mental, emotional, and behavioral health impacts after abortion; coerced
abortion; and human trafficking. Stipulates that provision of all materials described in
proposed law prior to abortion is a condition for the woman's or minor female's consent to
the abortion to be deemed voluntary and informed. Provides that the materials resources
shall include the following:
(1)Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals,
social workers, and other trained counselors who serve women and minor females
who may experience psychological distress or other mental, emotional, or behavioral
health afflictions before an abortion.
(2)Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals,
social workers, and other trained counselors who serve women and minor females HLS 14RS-2920 ORIGINAL
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who may experience psychological distress or other mental, emotional, or behavioral
health afflictions after undergoing an abortion.
(3)Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals,
social workers, and other trained counselors who are trained in counseling women
and minor females who experience coercion to obtain an abortion concerning the
psychological impacts or other mental, emotional, or behavioral health afflictions
that may result from experiencing a coerced abortion. Proposed law requires that
such materials clearly indicate that coerced abortion is defined in present law as a
form of abuse that seriously endangers the physical, mental, and emotional health
and safety of a child.
(4)Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals,
social workers, and other trained counselors for women and minor females who are
victims of the crime of human trafficking or the crime of trafficking of children for
sexual purposes. Proposed law requires that such materials clearly indicate all of the
following:
(a)That victims of human trafficking can be safe after their rescue from being
trafficked.
(b)That Louisiana provides by law for assistance to victims of human
trafficking.
(c)That there are public and private agencies providing valuable assistance to
women and girls who have been commercially and sexually exploited; and
that help available to victims of trafficking and other exploitation includes
housing assistance, education, job training, and drug addiction counseling.
(d)That legal assistance is available to women and girls seeking to escape the
sex trade, including assistance in vacating prior prostitution convictions.
(e)That the crime of trafficking of children for sexual purposes is subject to the
mandatory reporting requirements set forth in present law.
Proposed law provides that any pamphlet concerning human trafficking developed pursuant
to proposed law shall be known as the "Point of Rescue" pamphlet.
Proposed law requires DHH to ensure that any mental or behavioral health professional or
other counselor to whom a woman or minor female may be referred through the
organizations listed in the materials developed pursuant to proposed law meets all of the
following criteria:
(1)Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may result prior to abortion, after abortion, pursuant
to coerced abortion, and from human trafficking.
(2)Is not affiliated with an abortion provider.
Proposed law requires that each copy of a pamphlet or other printed item created pursuant
to proposed law shall be marked with a unique identifier printed on three segments that are
perforated and can be torn easily from the pamphlet or other printed item. Requires further
that when the physician or other qualified person conveys the pamphlet or other printed item
to a woman or minor female considering an abortion, he shall remove two segments bearing
the unique identifier and dispense with those segments as follows: HLS 14RS-2920 ORIGINAL
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are additions.
(1)He shall place one segment bearing the unique identifier in the medical record of the
woman along with all other documentation required by present law, R.S.
40:1299.35.8.
(2)He shall submit one segment bearing the unique identifier to DHH within 30 days
after the date of the abortion along with all other documentation required by present
law R.S. 40:1299.35.10.
Proposed law authorizes DHH to produce copies of the materials described in proposed law
that do not bear unique identifiers. Provides that such materials lacking unique identifiers
may be distributed to persons other than women and minor females who are required to
receive the materials by proposed law, and to and to have certification of receipt of the
materials included in their medical records.
Proposed law provides that the governor shall convene a 14-member task force to assist
DHH in the preparation of the printed and Internet materials provided for in proposed law.
Provides that the task force shall be comprised of the following members:
(1)One psychologist licensed by the La. State Board of Examiners of Psychologists.
(2)One physician who is board certified as a psychiatrist and licensed by the La. State
Board of Medical Examiners.
(3)One licensed clinical social worker licensed by the La. State Board of Social Work
Examiners.
(4)Two La. residents who provide pre-abortion or post-abortion counseling in
association with a nonprofit organization that does not counsel for or provide
abortion.
(5)Two attorneys licensed in La. who specialize in advocacy for women and minor
females who are at risk of being coerced into or psychologically harmed by abortion.
(6)The executive director of the La. Human Trafficking Task Force.
(7)The executive director and the residential director of a residential program for
women who have been commercially and sexually exploited.
(8)Two members of the Senate appointed by the president.
(9)Two members of the House of Representatives appointed by the speaker.
(10)The secretary of DHH, who shall serve as the chairperson of the task force.
Proposed law stipulates that nothing therein shall be construed to conflict with or supercede
the requirement for mandatory reporting of child abuse provided in Ch.C. Art. 609 of present
law.
Present law, R.S. 40:1299.35.8, requires each physician who performs an abortion to retain
and make part of the medical record of each pregnant woman upon whom an abortion is
performed or induced copies of certain forms, certificates, and other documents. Proposed
law retains present law and adds the following to the enumerated list of items to be retained
and made part of the medical record:
(1)The signed certification form provided for in proposed law indicating that the woman
acknowledged receipt of the informational materials concerning psychological
impacts, illegal coercion, abuse, and human trafficking. HLS 14RS-2920 ORIGINAL
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are additions.
(2)The segments bearing the unique identifiers of the pamphlets and other printed items
conveyed to a woman or minor female prior to the abortion procedure addressing
psychological impacts, illegal coercion, abuse, and human trafficking as required in
proposed law.
Present law, R.S. 40:1299.35.10, requires each physician who performs an abortion to
submit to DHH, within 30 days of the date of the abortion, a report encompassing de-
identified health and demographic data on the woman upon whom the abortion was
performed, along with certain other forms and documents. Proposed law retains present law
and adds the following to the enumerated list of items to be included in the report to DHH:
(1)The signed certification form provided for in proposed law indicating that the woman
acknowledged receipt of the informational materials concerning psychological
impacts, illegal coercion, abuse, and human trafficking.
(2)The segments bearing the unique identifiers of the pamphlets and other printed items
conveyed to a woman or minor female prior to the abortion procedure addressing
psychological impacts, illegal coercion, abuse, and human trafficking as required in
proposed law.
(Amends R.S. 40:1299.35.6(B)(5); Adds R.S. 40:1299.35.5.2, 1299.35.8(A)(6) and (7), and
1299.35.10(A)(27) and (28))