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Prepared by Christopher D. Adams.
Ivey HB No. 1262
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
ABORTION. Provides relative to information to be conveyed to a woman prior to
abortion
DIGEST
Proposed law adds to the definition of "coerced abortion" to mean the use of force,
intimidation, threat of force, threat of deprivation of food and shelter, or the deprivation of
food and shelter by a parent or any other person in order to compel a female child to undergo
an abortion against her will, whether or not the abortion procedure has been attempted or
completed.
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 booklet 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, except
in the case of a medical emergency, 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 Page 2 of 4
Prepared by Christopher D. Adams.
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 prior to undergoing 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. Page 3 of 4
Prepared by Christopher D. Adams.
(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 provides the materials provided for in proposed law shall be printed in a
typeface large enough to be clearly legible and shall be available at no cost from the
department upon request and in appropriate number to any person, facility, or hospital.
DHH's website shall contain the content of the printed material, a printable electronic image
of the printed material, and information on ordering printed materials. DHH shall
promulgate rules and regulations relative to the methods of distribution of printed materials.
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. 603 et seq. 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 Page 4 of 4
Prepared by Christopher D. Adams.
law retains present law and adds the following to the enumerated list of items to be retained
and made part of the medical record:
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.
Proposed law provides for the provisions requiring a physician or a qualified person to
provide required printed materials to a woman considering an abortion shall become
effective 30 days after DHH publishes a notice of the availability of such materials.
(Amends Child. Code Art. 603(9) and R.S. 40:1299.35.12; Adds R.S. 40:1299.35.5.2 and
1299.35.8(A)(6))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Changed reference in proposed law to a certain type of printed item from
"pamphlet" to "booklet" for purposes of consistency with present law.
2. Made grammatical and technical changes, including a correction to the order in
which Sections of law appear within the legislative instrument.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Adds the definition of "coerced abortion" to mean the use of force, intimidation,
threat of force, threat of deprivation of food and shelter, or the deprivation of
food and shelter by a parent or any other person in order to compel a female child
to undergo an abortion against her will, whether or not the abortion procedure has
been attempted or completed.
2. Adds the exception for a medical emergency to the limitation on elective
abortions.
3. Provides for the requirements for the printed materials and what shall be
accessible and located on DHH's website. Provides DHH promulgate rules and
regulations relative to the methods of distribution of printed materials.
4. Removes the addition to the woman's right-to-know provision.
5. Removes the addition to the records provision that requires a physician to retain
and make part of the medical record 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 as required in law.
6. Provides that the provisions requiring a physician or a qualified person to provide
required printed materials to a woman considering an abortion shall become
effective 30 days after DHH publishes a notice of the availability of such
materials.
7. Makes technical corrections.