HLS 18RS-913 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 449
BY REPRESENTATIVES EDMONDS, ABRAHAM, AMEDEE, ANDERS, BACALA,
BAGLEY, BAGNERIS, BARRAS, BERTHELOT, TERRY BROWN, CARMODY,
STEVE CARTER, CHANEY, CONNICK, COUSSAN, COX, CREWS, DWIGHT,
EMERSON, FALCONER, GAROFALO, GISCLAIR, GUINN, LANCE HARRIS,
HAVARD, HAZEL, HENSGENS, HILFERTY, HODGES, HOFFMANN,
HORTON, HOWARD, HUNTER, HUVAL, JACKSON, JEFFERSON, JOHNSON,
NANCY LANDRY, LEBAS, MAGEE, MARCELLE, MIGUEZ, JAY MORRIS,
PEARSON, PIERRE, POPE, PYLANT, REYNOLDS, RICHARD,
SCHEXNAYDER, SIMON, STAGNI, STOKES, THOMAS, WRIGHT, AND
ZERINGUE
ABORTION: Enacts the Adoption Option Act providing for information on adoption to be
conveyed pursuant to the Woman's Right To Know law
1 AN ACT
2To amend and reenact R.S. 40:1061.17(C)(1)(e) and (D)(introductory paragraph) and (2) and
3 to enact R.S. 40:1061.17.1, relative to regulation of abortion; to provide for
4 information to be conveyed pursuant to the Woman's Right To Know law; to provide
5 relative to the abortion alternatives and informed consent website of the Louisiana
6 Department of Health; to provide for delivery of information concerning adoption;
7 to provide for a task force to assist the Louisiana Department of Health in developing
8 certain informational resources; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1061.17(C)(1)(e) and (D)(introductory paragraph) and (2) are
11hereby amended and reenacted and R.S. 40:1061.17.1 is hereby enacted to read as follows:
12 §1061.17. Woman's Right To Know
13 * * *
14 C. Publication of abortion alternatives and informed consent website.
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HB NO. 449
1 (1) The department shall cause to be published in English, within one
2 hundred twenty days after enactment of this Act, and shall update on an annual basis,
3 or as needed, the following easily comprehensible information on a stable Internet
4 website that shall be developed and maintained by the department to inform the
5 public of the public and private agencies and services available to assist a woman
6 through pregnancy, upon childbirth, and while her child is dependent, including but
7 not limited to the following information that shall indicate the agency's or service's
8 physical address, telephone number, and web address if available:
9 * * *
10 (e) Information on a separate and featured webpage created and maintained
11 by the Department of Children and Family Services linked on the department's
12 website, accessible by redirecting from the domain name AdoptionOption.La.Gov,
13 that lists public and private nonprofit adoption agencies that are not affiliated with
14 an abortion provider, along with easily comprehensible first steps to aid pregnant
15 women seeking to confidentially explore the option of placing her child for adoption,
16 and indicating whether the adoption agency allows the woman to choose the adoptive
17 parents.
18 * * *
19 D. Publication of printed materials. The department shall cause to be
20 published, within one hundred twenty days after enactment of this Act and shall
21 update on an annual basis or as needed, the following printed materials, which shall
22 also be included as printable portable document format documents from the
23 department's website:
24 * * *
25 (2) A list arranged geographically, including the name, address, hours of
26 operation, website address if available, and telephone number of each entity which
27 offers obstetric ultrasounds free of charge. The list shall not include any facility that
28 counsels, refers, performs, induces, prescribes, or provides any means for abortion.
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HB NO. 449
1 (2)(a) A list arranged geographically of Louisiana-based public or private
2 nonprofit agencies, including the name, physical address, website address if
3 available, and telephone number of each of the following:
4 (i) Entities which offer obstetric ultrasounds free of charge.
5 (ii) Entities which offer free and confidential counseling to a woman
6 considering placing her child for adoption, along with the information provided
7 pursuant to Subparagraph (C)(1)(e) of this Section.
8 (b) The lists provided for in this Subsection shall not include any facility that
9 counsels, refers, performs, induces, prescribes, or provides any means for abortion.
10 * * *
11 §1061.17.1. Development of AdoptionOption.La.Gov website; task force
12 The legislature hereby establishes a task force within the Louisiana
13 Department of Health to advise the secretary of the department concerning the
14 preparation of the printed and Internet materials provided for in R.S.
15 40:1061.17(C)(1)(e) and (D), and to develop public education initiatives to publicize
16 the information in a manner consistent with state law. The task force shall be
17 composed of the following members:
18 (1) Up to two licensed clinical social workers licensed by the Louisiana State
19 Board of Social Work Examiners, each of whom shall have experience in assisting
20 birth mothers in navigating the adoption process, appointed by the governor.
21 (2) Up to two Louisiana residents who provide pre-abortion or post-abortion
22 counseling in association with a nonprofit organization that does not counsel for or
23 provide abortion, appointed by the governor.
24 (3) Up to two attorneys licensed in Louisiana and employed by nonprofit
25 organizations who specialize in advocacy for women at risk of being coerced into
26 abortion, or who specialize in navigating the adoption process, appointed by the
27 governor.
28 (4) Up to two Louisiana residents who are employed by public or private
29 nonprofit adoption agencies, appointed by the governor.
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HB NO. 449
1 (5) Up to two executive directors of Louisiana nonprofit organizations that
2 promote adoption as an alternative to abortion, or their designees.
3 (6) Two members of the Senate appointed by the president.
4 (7) Two members of the House of Representatives appointed by the speaker.
5 (8) The secretary of the Louisiana Department of Health or his designee,
6 who shall serve as a co-chairperson of the task force.
7 (9) The secretary of the Department of Children and Family Services or his
8 designee, who shall serve as a co-chairperson of the task force.
9 Section 2. The Louisiana Department of Health shall prepare and make publicly
10available the printed and Internet materials provided for in R.S. 40:1061.17(C)(1)(e) and (D),
11as amended by Section 1 of this Act, on or before April 8, 2019.
12 Section 3. This Act may be referred to as the "Adoption Option Act".
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)]
HB 449 Reengrossed 2018 Regular Session Edmonds
Abstract: Provides relative to information on adoption to be conveyed pursuant to laws
relative to informed consent to an abortion.
Proposed law provides that it may be referred to as the "Adoption Option Act".
Present law requires the La. Dept. of Health (LDH) to publish an abortion alternatives and
informed consent website. Provides for information to be featured on the website including
information on adoption.
Proposed law retains present law and stipulates that the website shall feature information on
adoption agencies that are not affiliated with an abortion provider, along with easily
comprehensible first steps to aid pregnant women seeking to confidentially explore the
option of placing her child for adoption, and indicating whether the adoption agency allows
the woman to choose the adoptive parents.
Proposed law requires that the online adoption-related information required by proposed law
be featured on a website created and maintained by the Department of Children and Family
Services (DCFS), linked on the LDH website, and accessible by redirecting from the domain
name AdoptionOption.La.Gov.
Present law requires LDH to publish printed materials which abortion providers are required
to give to a woman prior to an abortion in order for consent to the abortion to be deemed
voluntary and informed.
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Proposed law retains present law and adds thereto a requirement that such materials include
the adoption-related information provided on the abortion alternatives and informed consent
website, along with a list of entities which offer free and confidential counseling to a woman
considering placing her child for adoption. Stipulates that such list shall not include any
facility that counsels, refers, performs, induces, prescribes, or provides any means for
abortion.
Proposed law creates a task force within LDH to assist the secretary of the department in the
preparation of the printed and Internet materials provided for in present law and proposed
law, and to develop public education initiatives to publicize such information on abortion
alternatives. Provides that the task force shall be composed of the following members:
(1)Up to two licensed clinical social workers licensed by the La. State Board of Social
Work Examiners, each of whom shall have experience in assisting birth mothers in
navigating the adoption process, appointed by the governor.
(2)Up to 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, appointed by the governor.
(3)Up to two attorneys licensed in La. and employed by nonprofit organizations who
specialize in advocacy for women at risk of being coerced into abortion, or who
specialize in navigating the adoption process, appointed by the governor.
(4)Up to two La. residents who are employed by public or private nonprofit adoption
agencies, appointed by the governor.
(5)Up to two executive directors of La. nonprofit organizations that promote adoption
as an alternative to abortion, or their designees.
(6)Two members of the Senate appointed by the president.
(7)Two members of the House of Representatives appointed by the speaker.
(8)The secretary of LDH or his designee, who shall serve as a co-chairperson of the task
force.
(9)The secretary of DCFS or his designee, who shall serve as a co-chairperson of the
task force.
Proposed law requires LDH to prepare and make publicly available the printed and Internet
materials provided for in present law and proposed law on or before April 8, 2019.
(Amends R.S. 40:1061.17(C)(1)(e) and (D)(intro. para.) and (2); Adds R.S. 40:1061.17.1)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Revise proposed law to provide that the online adoption-related information
required by proposed law be featured on a website created and maintained by the
Department of Children and Family Services, linked on the La. Department of
Health's website, and accessible by redirecting from the domain name
AdoptionOption.La.Gov.
2. Provide that the task force established by proposed law is created within the La.
Department of Health, and that its purpose is to advise the secretary of the
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HB NO. 449
department in the preparation of materials an abortion alternatives required by
present law and proposed law.
3. Provide that the following members of the task force established by proposed law
be appointed by the governor:
a. Up to two licensed clinical social workers licensed by the La. State Board
of Social Work Examiners, each of whom shall have experience in
assisting birth mothers in navigating the adoption process.
b. Up to 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.
c. Up to two attorneys licensed in La. and employed by nonprofit
organizations who specialize in advocacy for women at risk of being
coerced into abortion, or who specialize in navigating the adoption
process.
d. Up to two La. residents who are employed by public or private nonprofit
adoption agencies.
4. Add the secretary of the Department of Children and Family Services or his
designee as a task force member and provide that he and the secretary of the La.
Department of Health shall co-chair the task force.
5. Require that the La. Department of Health prepare and make publicly available
the printed and Internet materials provided for in present law and proposed law
on or before April 8, 2019.
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