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 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 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 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 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:
(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 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.
(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))