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ACT No. 620
Regular Session, 2014
HOUSE BILL NO. 388
BY REPRESENTATIVES KATRINA JACKSON, ADAMS, ARMES, BARRAS,
BARROW, STUART BISHOP, BROADWATER, BURFORD, HENRY BURNS,
TIM BURNS, BURRELL, CARMODY, CHAMPAGNE, CHANEY, CONNI CK,
COX, DANAHAY, GEYMANN, GISCLAIR, GREENE, GUINN, HARRIS,
HARRISON, HAVARD, HAZEL, HENRY, HENSGENS, HILL, HODGES,
HOFFMANN, HOLLIS, HOWARD, IVEY, JOHNSON, KLECKLEY, LEBAS,
LORUSSO, JAY MORRIS, ORTEGO, PEARSON, PONTI, POPE, PYLANT,
REYNOLDS, ROBIDEAUX, SCHRODER, SEABAUGH, SIMON, STOKES,
THOMPSON, WHITNEY, PATRICK WILLIAMS, AND WILLMOTT AND
SENATORS CROWE, JOHNS, LONG, NEVERS, AND THOMPSON
AN ACT1
To amend and reenact R.S. 40:1299.35.2(A), 1299.35.2.1, and 2175.3(2) and (5), relative to2
abortion; to provide for requirements of physicians who perform abortions; to require3
delivery of certain information concerning health care facilities and services to a4
pregnant woman prior to abortion; to provide relative to penalties; to provide5
regulations for the practice of inducing an abortion through use of drugs or6
chemicals; to provide for definitions of terms in the Outpatient Abortion Facility7
Licensing Law; to provide for penalties; to provide for application of laws; to8
provide for legislative intent; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:1299.35.2(A), 1299.35.2.1, and 2175.3(2) and (5) are hereby11
amended and reenacted to read as follows:12
§1299.35.2. Abortion by physician; determination of viability; ultrasound test13
required; exceptions; penalties14
A.(1) Physician requirement requirements. No person shall perform or15
induce an abortion unless that person is a physician licensed to practice medicine in16
the state of Louisiana and is currently enrolled in or has completed a residency in17
obstetrics and gynecology or family medicine. Any outpatient abortion facility that18
knowingly or negligently employs, contracts with, or provides any valuable19 ENROLLEDHB NO. 388
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consideration for the performance of an abortion in an outpatient abortion facility by1
any person who does not meet the requirements of this Section is subject to having2
its license denied, non-renewed, or revoked by the Department of Health and3
Hospitals in accord with R.S. 40:2175.6.4
(2) On the date the abortion is performed or induced, a physician performing5
or inducing an abortion shall:6
(a) Have active admitting privileges at a hospital that is located not further7
than thirty miles from the location at which the abortion is performed or induced and8
that provides obstetrical or gynecological health care services. For purposes of this9
Section, "active admitting privileges" means that the physician is a member in good10
standing of the medical staff of a hospital that is currently licensed by the11
department, with the ability to admit a patient and to provide diagnostic and surgical12
services to such patient consistent with the requirements of Paragraph (A)(1) of this13
Subsection.14
(b) Provide the pregnant woman with all of the following before the abortion15
is performed or induced:16
(i) A telephone number by which the pregnant woman may reach the17
physician, or other health care personnel employed by the physician or facility at18
which the abortion was performed or induced, who has twenty-four hours per day19
access to the woman's relevant medical records so that the woman may request20
assistance related to any complication that arises from the performance or induction21
of the abortion, or to ask health-related questions regarding the abortion.22
(ii) The name and telephone number of the hospital nearest to the home of23
the pregnant woman at which an emergency arising from the abortion would be24
treated.25
(c) Whoever violates the provisions of Subparagraph (2)(a) of this Paragraph26
shall be fined not more than four thousand dollars per violation.27
* * *28 ENROLLEDHB NO. 388
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§1299.35.2.1. Drugs or chemicals used; penalties1
A. When any drug or chemical is used for the purpose of inducing an2
abortion as defined in R.S. 40:1299.35.1, the physician who prescribed the drug or3
chemical shall be in the same room and in the physical presence of the pregnant4
woman when the drug or chemical is initially administered, dispensed, or otherwise5
provided to the pregnant woman.6
B. The drug or chemical shall not be administered, dispensed, or otherwise7
provided to the pregnant woman by a physician or any person acting under the8
physician's direction, whether in a licensed outpatient abortion facility, private9
medical office or any other facility, unless the physician has obtained the voluntary10
and informed consent of the pregnant woman pursuant to the provisions of R.S.11
40:1299.35.6 and the requirements set forth in that Section.12
C. If a physician prescribes, dispenses, administers, or provides any drug or13
chemical to a pregnant woman for the purpose of inducing an abortion as defined in14
R.S. 40:1299.35.1, the physician shall report the abortion to the Department of15
Health and Hospitals as provided in R.S. 40:1299.35.10.16
D. In addition to the requirements of reporting complications to the17
Department of Health and Hospitals pursuant to R.S. 40:1299.35.10, if the physician18
knows that the woman experienced a serious adverse event, as defined by the19
MedWatch Reporting System, during or after the administration or use of the drug,20
the physician shall also report the event to the United States Food and Drug21
Administration through the MedWatch Reporting System not later than the third day22
after the date the physician learns that the event occurred.23
E. The Louisiana State Board of Medical Examiners may take disciplinary24
action as authorized in R.S. 37:1261 et seq. or any other applicable provision of law25
against a physician who violates any provision of this Section.26
B. F. Any person not under the direct and immediate supervision of a27
physician who knowingly performs or attempts to perform an abortion without28
complying with the requirements of using chemicals or drugs in violation of this29
Section shall be subject to penalties pursuant to R.S. 40:1299.35.19. No penalty may30 ENROLLEDHB NO. 388
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be assessed against the woman upon whom who undergoes the abortion is performed1
or attempted to be performed.2
* * *3
§2175.3. Definitions4
For purposes of this Part, the following definitions apply:5
* * *6
(2) "First trimester" means the time period from six up to fourteen weeks7
after the first day of the last menstrual period.8
* * *9
(5) "Outpatient abortion facility" means any outpatient facility, other than10
a hospital as defined in R.S. 40:2102 or an ambulatory surgical center as defined in11
R.S. 40:2133, in which any second trimester or five or more first trimester abortions12
per month calendar year are performed.13
* * *14
Section 2.(A) This Act shall be known as the "Unsafe Abortion Protection Act".15
(B) It is the intent of the legislature that each physician who performs an abortion16
as defined in R.S. 40:1299.35.1, whether the abortion is surgical or drug-induced, shall17
follow the long-established procedure of reporting anonymous, aggregate abortion statistics18
and health complications to the Department of Health and Hospitals, subject to all state and19
federal privacy protections, for the purpose of providing anonymous and accurate public20
health and safety data regarding abortion and its impact on women's health.21
(C) Nothing in this Act shall be construed or interpreted to apply to emergency22
contraceptives or any other drugs or chemicals that do not cause abortion as defined in R.S.23
40:1299.35.1.24
Section 3. The legislature intends that every application of this statute to every25
individual woman shall be severable from each other. In the unexpected event that the26
application of this statute is found to impose an impermissible undue burden on any pregnant27
woman or group of pregnant women, the application of the statute to those women shall be28 ENROLLEDHB NO. 388
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severed from the remaining applications of the statute that do not impose an undue burden,1
and those remaining applications shall remain in force and unaffected.2
Section 4. This Act shall be effective on September 1, 2014.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: