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 800 Original 2022 Regular Session Bagley
Abstract: Establishes the Louisiana Heartbeat Act.
Proposed law repeals and replaces present law prohibiting abortion when there is a detectable fetal
heartbeat.
Proposed law provides legislative findings indicating that the fetal heartbeat is a predictor for the
determination of whether an unborn child will reach live birth, when cardiac activity begins, and
when the fetal heart is formed in the gestational sac.
Proposed law requires recordation of determinations of whether a fetal heartbeat is present in the
fetus of a woman seeking an abortion.
Proposed law prohibits a physician from knowingly performing or inducing an abortion on a
pregnant woman without determining whether the unborn child has a detectable heartbeat.
Proposed law establishes a test to make such a determination that is consistent with the physician's
good faith and reasonable understanding of standard medical practice, appropriate for the estimated
gestational age of the unborn child, and the condition of the pregnant woman and her pregnancy.
Proposed law requires the determining physician to record in the pregnant woman's medical record
the following information:
(1)The estimated gestational age of the unborn child.
(2)The method used to estimate the gestational age.
(3)The test used for detecting a fetal heartbeat, including the date, time, and results of the test.
Proposed law provides for exceptions to the provisions of proposed law if a medical emergency
necessitates abortion or the medical condition of the pregnant woman prevents compliance with the
requirements set forth in proposed law. Further requires certain information to be recorded if an
abortion results from a medical emergency.
Proposed law stipulates that its provisions shall be enforced exclusively through private civil action.
Proposed law provides that any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who does any of the
following:
(1)Performs or induces an abortion in violation of proposed law.
(2)Knowingly engages in conduct that aids or abets the performance or inducement of an
abortion.
(3)Intends to engage in the conduct in violation of proposed law.
Proposed law limits standing to assert abortion rights as a defense to liability unless certain
circumstances occur, as provided by proposed law.
Proposed law provides for sovereign immunity for the state of La., its political subdivisions, state
employees and officers in any action, claim, or counterclaim that challenges the validity of any
provision or application set forth in proposed law.
Proposed law provides for the award of attorney fees in actions that challenge abortion provisions
in proposed law.
Proposed law requires that certain documentation be reported if an abortion is performed or induced
on a pregnant woman because of a medical emergency.
Proposed law requires the physician who performs or induces the abortion to execute a written
document that certifies that an abortion is necessary due to a medical emergency and specifies the
woman's medical condition requiring the abortion.
(Adds R.S. 40:1063.1-1063.17; Repeals R.S. 40:1061.1.3)