RÉSUMÉ DIGEST
ACT 198 (SB 221) 2019 Regular Session Mizell
Prior law provided for the Woman's Right to Know law which requires that providers of
abortions in Louisiana ensure that their patients have the necessary information, including
specific legal rights and options, to make an informed decision before they undergo an
abortion procedure.
Prior law also provided that no abortion shall be performed or induced without the voluntary
and informed consent of the woman upon whom the abortion is to be performed or induced.
Prior law provided that, except in the case of a medical emergency, consent to an abortion
is voluntary and informed if and only if, the physician who is to perform the abortion or the
referring physician has informed the woman, orally and in person, the name of the physician
who meets the requirements of R.S. 46:1061.10(a) and is licensed to practice medicine in the
state and who will perform the abortion.
New law changes prior law from oral to written, as it relates to the requirement that the
woman must be informed of the name of the physician who is to perform the abortion.
New law provides that, in addition to the name of the physician who is to perform the
abortion, the physician shall inform the woman, in writing, all of the following:
(1)The name of the physician who will perform the abortion shall be listed in the written
document in the same manner as the name appears on the membership roll of the La.
State Board of Medical Examiners.
(2)The location and specialty of the physician's residency and whether the residency has
been completed.
(3)Whether the physician is currently board certified and, if so, the name of the
certifying organization.
(4)Whether the physician has active admitting privileges at any hospital that provides
obstetrical or gynecological healthcare services, and if so, the name of the hospital
or hospitals. "Active admitting privileges" means that the physician is a member in
good standing of the medical staff of a hospital that is currently licensed by the
Department of Health, with the ability to admit a patient, and to provide diagnostic
and surgical services to such patient.
(5)Whether the physician has malpractice insurance that would cover the abortion
procedure.
(6)Whether in the last 10 years the physician has ever been placed on probation,
reprimanded, or had his license suspended or revoked by any professional licensing
organization, and if so, the jurisdiction in which the professional discipline was
ordered. For purposes of this subsection, the disciplinary action must be disclosed
even if it was stayed or suspended. Disclosure of disciplinary action shall include but
not be limited to action taken by the La. State Board of Medical Examiners and the
La. Board of Pharmacy.
(7)The internet address for disciplinary records of the La. Board of Medical Examiners.
New law provides statements of legislative intent.
New law provides legislative findings and declarations.
New law clarifies that, even though amendments are being added to the section of prior law
which contains the number of hours for the waiting period required between the time of the
pre-abortion counseling and the actual abortion, proposed law is not intended to be construed
to affect the outcome of the court case which was filed in response to a change in the waiting
period in 2016 from 24 hours (prior law) to 72 hours (prior law). Effective upon signature of the governor (June 11, 2019).
(Amends R.S. 40:1061.17(B)(3))