RÉSUMÉ DIGEST
ACT 593 (HB 815) 2016 Regular Session Stokes
Prior law relative to regulation of abortion provided, in part, that each physician who
performs or induces an abortion which does not result in a live birth shall insure that the
remains of the child are disposed of in accordance with applicable rules and regulations of
the Department of Health and Hospitals. New law provides that each such physician who
performs or induces an abortion shall insure that the remains of the child are disposed of by
interment or cremation in accordance with existing law relative to disposition of human
remains (R.S. 8:651 et seq.).
New law deletes prior law requiring that the attending physician inform each woman upon
whom he performs or induces an abortion, within 24 hours after the abortion is performed
or induced, of the provisions of existing law relative to disposal of fetal remains.
New law provides legislative findings regarding post-abortion harvesting of fetal organs,
tissues, and cells.
New law provides that it shall be unlawful for any person or entity to buy, sell, donate,
accept, distribute, or otherwise transfer or use for any purpose the intact body of a human
embryo or fetus whose death was knowingly caused by an induced abortion, or the human
organs, tissues or cells obtained from a human embryo or fetus whose death was knowingly
caused by an induced abortion. Provides that whoever violates the provisions of new law
shall be subject to civil penalties relative to abortion, generally, as provided in existing law
(R.S. 40:1061.29).
New law stipulates that nothing therein shall be construed to prohibit any of the following:
(1)Final disposition of the bodily remains of the aborted human being in accordance
with existing law.
(2)Any conduct permitted under existing law that is undertaken with any of the
following purposes:
(a)The purpose of providing knowledge solely to the mother, such as for
pathological or diagnostic purposes.
(b)The purpose of providing knowledge solely to law enforcement officers, such
as in the case of an autopsy following a feticide.
(3)Any transaction related to the donation of bodily remains from a human embryo or
fetus whose death was caused by a natural miscarriage or stillbirth, in accordance
with the guidelines and prohibitions provided in applicable state and federal laws.
New law stipulates that nothing therein shall be construed to alter generally accepted medical
standards, affect existing federal or state law regarding the practice of abortion, or to create
or recognize a right to abortion.
New law provides that any provision thereof which is held to be invalid or unenforceable by
its terms, or as applied to any person or circumstance, shall be construed so as to give it the
maximum effect permitted by law, unless such holding is one of utter invalidity or
unenforceability, in which event such provision shall be deemed severable and shall not
affect the remainder of new law or the application of such provision to other persons not
similarly situated or to other dissimilar circumstances.
Effective August 1, 2016.
(Amends R.S. 40:1061.25)