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ACT No. 569
Regular Session, 2014
HOUSE BILL NO. 1262 (Substitute for House Bill No. 727 by Representative Ivey)
BY REPRESENTATIVES IVEY, ADAMS, BARROW, BURFORD, HENRY BURNS,
CHANEY, COX, GREENE, HARRIS, HARRISON, HAVARD, HENSGENS,
HILL, HODGES, HOFFMANN, HOLLIS, HOWARD, KATRINA JACKSON,
KLECKLEY, LEBAS, LORUSSO, JAY MORRIS, POPE, PYLANT, SCHRODER,
SEABAUGH, SIMON, STOKES, WHITNEY, PATRICK WILLIAMS, AND
WILLMOTT AND SENATORS BROOME AND THOMPSON
AN ACT1
To amend and reenact Children's Code Article 603(9) and R.S. 40:1299.35.12 and to enact2
R.S. 40:1299.35.5.2 and 1299.35.8(A)(6), relative to consent to abortion; to require3
provision of certain materials to women prior to abortion and to provide for the4
content of such materials; to provide for requirements of the Department of Health5
and Hospitals relative to development and publication of printed and Internet-based6
materials concerning abortion; to provide for duties of physicians who perform7
abortions; to provide for items to be retained in the medical record of each pregnant8
woman upon whom an abortion is performed or induced; to provide for the content9
of reports to the Department of Health and Hospitals by physicians concerning10
abortions performed or induced; to provide for a task force on informational11
materials to be delivered to women prior to abortion; to provide relative to a12
definition; to provide relative to an effective date; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. Children's Code Article 603(9) is hereby amended and reenacted to read15
as follows:16
Art. 603. Definitions17
As used in this Title:18
* * *19
(9) "Coerced abortion" means the use of force, intimidation, threat of force,20
threat of deprivation of food and shelter, or the deprivation of food and shelter by a21
parent or any other person in order to compel a female child to undergo an abortion22 ENROLLEDHB NO. 1262
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against her will, whether or not the abortion procedure has been attempted or1
completed.2
* * *3
Section 2. R.S. 40:1299.35.12 is hereby amended and reenacted and R.S.4
40:1299.35.5.2 and 1299.35.8(A)(6) are hereby enacted to read as follows:5
§1299.35.5.2. Information on psychological impacts, illegal coercion, abuse, and6
human trafficking required prior to abortion; task force on information7
resources8
A. The legislature hereby declares that women of this state have a right to9
know that undergoing an abortion may have serious psychological impacts, including10
severe emotional distress and mental and behavioral health afflictions.11
B. At least twenty-four hours prior to undergoing an elective abortion as12
defined in R.S. 40:1299.35.1, and as a condition for consent to the abortion to be13
deemed voluntary and informed, the woman or minor female considering abortion14
shall be given a copy of the printed materials described in this Section by the15
physician who is to perform the abortion or a qualified person as defined in R.S.16
40:1299.35.6(B)(4)(c), except in the case of medical emergency as provided in R.S.17
40:1299.35.12.18
C.(1) The physician or qualified person shall provide to the woman or minor19
female seeking an abortion the printed materials required by this Section individually20
and in a private room for the purpose of ensuring that she has an adequate21
opportunity to ask questions and discuss her individual circumstances.22
(2) The physician or qualified person shall obtain the signature of the woman23
or minor female seeking an abortion on a form certifying that the printed materials24
were given to the woman or minor female.25
(3) In the case of a minor female considering an abortion, if a parent26
accompanies the minor female to the appointment with the physician or qualified27
person described in Subsection B of this Section, then the physician or qualified28
person shall provide to the parent copies of the materials given to the female in29
accordance with Paragraph (1) of this Subsection.30 ENROLLEDHB NO. 1262
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(4) The signed certification form provided for in Paragraph (2) of this1
Subsection shall be kept within the medical record of the woman or minor female2
upon whom the abortion procedure was performed for a period of at least seven3
years.4
D. The department shall create printed materials and printable Internet-based5
resources that provide all of the following:6
(1)(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 serve women and9
minor females who may experience psychological distress or other mental,10
emotional, or behavioral health afflictions prior to undergoing an abortion.11
(b) The department shall take such actions as are necessary to ensure that any12
mental or behavioral health professional or other counselor to whom a woman or13
minor female may be referred through the organizations listed in the materials14
developed pursuant to this Paragraph meets all of the following criteria:15
(i) Provides counseling services that objectively address the mental,16
emotional, and behavioral health effects that may occur prior to an abortion.17
(ii) Is not affiliated with an abortion provider.18
(2)(a) Information, telephone numbers, and links to Internet websites of19
nonprofit organizations that offer free and confidential access to mental health20
professionals, social workers, and other trained counselors who serve women and21
minor females who may experience psychological distress or other mental,22
emotional, or behavioral health afflictions after undergoing an abortion.23
(b) The department shall take such actions as are necessary to ensure that any24
mental or behavioral health professional or other counselor to whom a woman or25
minor female may be referred through the organizations listed in the materials26
developed pursuant to this Paragraph meets all of the following criteria:27
(i) Provides counseling services that objectively address the mental,28
emotional, and behavioral health effects that may result from undergoing the29
abortion procedure.30 ENROLLEDHB NO. 1262
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(ii) Is not affiliated with an abortion provider.1
(3)(a) Information, telephone numbers, and links to Internet websites of2
nonprofit organizations that offer free and confidential access to mental health3
professionals, social workers, and other trained counselors who are trained in4
counseling women and minor females who experience coercion to obtain an abortion5
concerning the psychological impacts or other mental, emotional, or behavioral6
health afflictions that may result from experiencing coercion to obtain an abortion.7
(b) The department shall take such actions as are necessary to ensure that any8
mental or behavioral health professional or other counselor to whom a woman or9
minor female may be referred through the organizations listed in the materials10
developed pursuant to this Paragraph meets all of the following criteria:11
(i) Provides counseling services that objectively address the mental,12
emotional, and behavioral health effects that may result from experiencing coercion13
to obtain an abortion.14
(ii) Is not affiliated with an abortion provider.15
(c) The materials developed pursuant to this Paragraph shall clearly indicate16
that coerced abortion is defined in Louisiana law, Children's Code Article 603, as a17
form of abuse that seriously endangers the physical, mental, and emotional health18
and safety of a child.19
(4)(a) Information, telephone numbers, and links to Internet websites of20
nonprofit organizations that offer free and confidential access to mental health21
professionals, social workers, and other trained counselors for women and minor22
females who are victims of the crime of human trafficking or the crime of trafficking23
of children for sexual purposes.24
(b) The department shall take such actions as are necessary to ensure that any25
mental or behavioral health professional or other counselor to whom a woman or26
minor female may be referred through the organizations listed in the materials27
developed pursuant to this Paragraph meets all of the following criteria:28 ENROLLEDHB NO. 1262
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(i) Provides counseling services that objectively address the mental,1
emotional, and behavioral health effects that may result from being a victim of2
human trafficking or a victim of trafficking of children for sexual purposes.3
(ii) Is not affiliated with an abortion provider.4
(c) The materials developed pursuant to this Paragraph shall clearly indicate5
all of the following:6
(i) That victims of trafficking can be safe after their rescue from being7
trafficked.8
(ii) That Louisiana provides for assistance to victims of human trafficking,9
as required by R.S. 46:2162 et seq.10
(iii) That there are public and private agencies providing valuable assistance11
to women and minor females who have been commercially and sexually exploited;12
and that help available to victims of trafficking and other exploitation includes13
housing assistance, education, job training, and drug addiction counseling.14
(iv) That legal assistance is available to women and minor females seeking15
to escape the sex trade, including assistance in vacating prior prostitution16
convictions.17
(v) That the crime of trafficking of children for sexual purposes is subject18
to the mandatory reporting laws set forth in Children's Code Articles 603, 609, and19
610.20
(d) Any pamphlet developed pursuant to this Paragraph shall be known as21
the "Point of Rescue" pamphlet.22
E. The materials provided for in Subsection D of this Section shall be printed23
in a typeface large enough to be clearly legible and shall be available at no cost from24
the department upon request and in appropriate number to any person, facility, or25
hospital. The department's website shall contain the content of the printed material,26
a printable electronic image of the printed material, and information on ordering27
printed materials. The department shall promulgate rules and regulations relative to28
the methods of distribution of printed materials.29 ENROLLEDHB NO. 1262
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F. The governor shall convene a task force to assist the Department of Health1
and Hospitals in the preparation of the printed and Internet materials provided for in2
this Section. The task force shall be comprised of the following members:3
(1) One psychologist licensed by the Louisiana State Board of Examiners of4
Psychologists.5
(2) One physician who is board certified as a psychiatrist and licensed by the6
Louisiana State Board of Medical Examiners.7
(3) One licensed clinical social worker licensed by the Louisiana State Board8
of Social Work Examiners.9
(4) Two Louisiana residents who provide pre-abortion or post-abortion10
counseling in association with a nonprofit organization that does not counsel for or11
provide abortion.12
(5) Two attorneys licensed in Louisiana who specialize in advocacy for13
women and minor females who are at risk of being coerced into or psychologically14
harmed by abortion.15
(6) The executive director of the Louisiana Human Trafficking Task Force.16
(7) The executive director and the residential director of a residential17
program for women who have been commercially and sexually exploited.18
(8) Two members of the Senate appointed by the president.19
(9) Two members of the House of Representatives appointed by the speaker.20
(10) The secretary of the Department of Health and Hospitals, who shall21
serve as the chairperson of the task force.22
G. Nothing in this Section shall be construed to conflict with or supercede23
the requirement for mandatory reporting of child abuse provided in Children's Code24
Article 603 et seq.25
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§1299.35.8. Records1
A. Each physician shall retain and make part of the medical record of each2
pregnant woman upon whom an abortion is performed or induced, copies of the3
following:4
* * *5
(6) The signed certification form provided for in R.S. 40:1299.35.5.2(C)6
indicating that the woman or minor female acknowledged receipt of informational7
materials concerning psychological impacts, illegal coercion, abuse, and human8
trafficking.9
* * *10
§1299.35.12. Emergency11
The provisions of R.S. 40:1299.35.2, 1299.35.4, 1299.35.5, and 1299.35.612
this Part shall not apply when a medical emergency compels the immediate13
performance of an abortion because the continuation of the pregnancy poses an14
immediate threat and grave risk to the life or permanent physical health of the15
pregnant woman. Within twenty-four hours, the attending physician shall certify to16
the emergency need for the abortion and shall enter such certification in the medical17
record of the pregnant woman.18
Section 3. The provisions of Section 2 of this Act requiring a physician or a qualified19
person to provide required printed materials to a woman considering an abortion shall20
become effective thirty days after the Department of Health and Hospitals publishes a notice21
of the availability of such materials.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: