Louisiana 2021 2021 Regular Session

Louisiana House Bill HB578 Engrossed / Bill

                    HLS 21RS-1025	REENGROSSED
2021 Regular Session
HOUSE BILL NO. 578
BY REPRESENTATIVES AMEDEE AND EDMONDS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE:  Provides relative to disclosure of certain information relative to abortion
pill reversal
1	AN ACT
2To enact R.S. 40:1061.11.1, relative to abortions; to provide for disclosure of medical
3 information to persons who may receive a chemically-induced abortion; to provide
4 for duties for the Louisiana Department of Health; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 40:1061.11.1 is hereby enacted to read as follows: 
7 ยง1061.11.1.  Chemically-induced abortion; information; duties of the department
8	A.  When mifepristone is administered, dispensed, or otherwise provided to
9 a pregnant woman by a physician or any person acting under the physician's
10 direction, whether in a licensed outpatient abortion facility, private medical office,
11 or any other facility, then the physician or agent thereof shall provide the disclosure
12 statement found in Subsection B to the pregnant woman.  The disclosure statement
13 may be provided by doing any of the following:
14	(1)  Stapling the disclosure statement to a bag, envelope, or other package
15 that contains misoprostol for the pregnant woman to self-administer at home.
16	(2)  Attaching the disclosure statement to a written prescription for
17 misoprostol provided by the physician or agent thereof.
18	(3)  Attaching the disclosure statement to the patient's discharge instructions
19 if the prescription for misoprostol is sent directly to a pharmacy.
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1	B.  The department shall provide the disclosure statement on an internet
2 webpage created in accordance with the provisions of R.S. 40:1061.17(C).  The
3 department shall include on the internet webpage the disclosure statement provided
4 for in this Subsection.  The disclosure statement shall be on a standard page which
5 lays out three cut-out notices and features the following text:
6	"ABORTION PILL REVERSAL?  PLEASE READ BEFORE TAKING
7 SECOND PILL:  Recent research has indicated that the first pill provided, identified
8 as mifepristone, is not always effective in ending a pregnancy.  You may be able to
9 avoid, cease, or reverse the intended effects of a chemically-induced abortion if the
10 second pill provided, identified as misoprostol, is not taken and a trained medical
11 professional provides an established progesterone protocol. If you want to discuss
12 the possibility of continuing your pregnancy, please consult your physician or
13 healthcare provider immediately. Please visit www.PregnancyInfo.LA.gov."
14	C.  Nothing in this Section shall be construed as creating or recognizing a
15 right to abortion.
16	D.  As used in this Section, the following terms have the meanings ascribed
17 to them:
18	(1)  "Abortion pill" means the use of mifepristone or misoprostol to induce
19 a chemical abortion.
20	(2)  "Mifepristone" means a synthetic steroid that inhibits the action of
21 progesterone, given orally in early pregnancy to induce a chemical abortion.
22 Mifepristone is the first drug used in a two-drug process to induce a chemical
23 abortion.
24	(3)  "Misoprostol" means a synthetic prostaglandin E
1 analogue that is used
25 to induce a chemical abortion.  Misoprostol is the second drug used in a two-drug
26 process to induce a chemical abortion.
27 Section 2.  Any provision of this Act held to be invalid or unenforceable by its terms,
28or as applied to any person or circumstance, shall be construed so as to give it the maximum
29effect permitted by law, unless such holding is one of utter invalidity or unenforceability,
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1in which event such provision shall be deemed severable in accordance with R.S. 24:175,
2and shall not affect the remainder hereof or the application of such provision to other persons
3not similarly situated or to other dissimilar circumstances.
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 578 Reengrossed 2021 Regular Session	Amedee
Abstract: Requires disclosure of certain information relative to abortion pill reversal.
Present law provides for the regulation of abortions in this state to the extent it is provided
for under federal law. 
Proposed law states that when a physician or agent thereof administers mifepristone to a
pregnant woman, he shall provide a disclosure statement to the pregnant woman. 
Proposed law further provides that the disclosure statement may be provided by doing any
of the following:
(1) Stapling the disclosure statement to a bag, envelope, or other package that contains
misoprostol for the pregnant woman to self-administer at home.
(2) Attaching the disclosure statement to a written prescription for misoprostol provided
by the physician or agent thereof.
(3)Attaching the disclosure statement to the patient's discharge instruction if the
prescription for misoprostol is sent directly to a pharmacy.
Further provides that the department shall provide the disclosure statement on an internet
webpage created in accordance with present law.  The disclosure statement shall be provided
on the webpage.  The disclosure statement shall be on a standard page which lays out three
cut-out notices and features the following text:
ABORTION PILL REVERSAL?  PLEASE READ BEFORE TAKING SECOND
PILL:  Recent research has indicated that the first pill provided, identified as
mifepristone, is not always effective in ending a pregnancy.  You may be able to
avoid, cease, or reverse the intended effects of a chemically-induced abortion if the
second pill provided, identified as misoprostol, is not taken and a trained medical
professional provides an established progesterone protocol.  If you want to discuss
the possibility of continuing your pregnancy, please consult your physician or
healthcare provider immediately.  Please visit www.PregnancyInfo.La.gov.
Proposed law stipulates that nothing in proposed law shall be construed as creating or
recognizing a right to abortion.
Proposed law defines "abortion pill", "mifepristone", and "misoprostol".
Proposed law provides that any provision of this Act 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 in accordance
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with R.S. 24:175, and shall not affect the remainder hereof or the application of such
provision to other persons not similarly situated or to other dissimilar circumstances.
(Adds R.S. 40:1061.11.1)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Change language of disclosure statement required by proposed law.
2. Delete the requirement that LDH identify a certain webpage and display its logo
on the webpage.
3. Make technical changes.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.