The original instrument was prepared by Carla S. Roberts. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Whitney Kauffeld.
DIGEST
SB 388 Engrossed 2022 Regular Session Hewitt
Present law provides for the crime of criminal abortion. Present law defines "criminal abortion" as
the performance of an abortion where the abortionist is not a La. licensed physician. Present law
provides that any person who is guilty of criminal abortion will be imprisoned at hard labor for not
less than one nor more than five years, fined not less than $5,000 nor more than $50,000, or both.
Proposed law retains present law but expands the definition of crime of criminal abortion to include
the distribution or delivery of certain abortion-causing pharmaceutical drugs when dispensed or
distributed by anyone other than a physician who is physically present in the room with the pregnant
woman when the drug is administered. Proposed law further defines "induced chemical abortion"
to mean giving instructions over the telephone, the internet, or other medium of communications
regarding the self-administered inducement of a chemical abortion when a physician is not physically
present in the room with the pregnant woman when she ingests the abortifacient drug.
Proposed law defines "serious bodily injury" as bodily injury involving unconsciousness, extreme
physical pain, protracted and obvious disfigurement, protracted loss or impairment of the function
of a bodily member, organ, or mental faculty, loss or damage to reproductive capacity, or a
substantial risk of death.
Proposed law increases the criminal penalties when a person knowingly performs a criminal abortion
that results in the death or serious bodily injury of the pregnant woman to a prison term of not less
than five nor more than 10 years, fined not less than $10,000 nor more than $75,000, or both.
Proposed law further provides that, if the recipient of the criminal abortion is under the age of 18,
the criminal penalty increases to imprisonment at hard labor for not less than 15 years nor more than
50 years, fined not less than $15,000 nor more than $100,000, or both.
Present law provides that the following are not criminal abortion:
1. Any action when a physician or other licensed medical professional is acting in the course
of administering lawful medical care and an unborn child dies.
2. Any act taken or omission by a pregnant woman with regard to her own unborn child.
Proposed law provides that Item (1) does not require the death of the unborn child and Item (2)
requires that the act or omission be lawful.
Proposed law otherwise retains present law. Proposed law prohibits the sale or distribution of any chemical abortion drugs which contain
mifepristone or misprostol without a prescription of a duly licensed physician who is physically
present with the pregnant woman when the chemical abortion drug is administered. Proposed law
further provides an exception for contraceptive drugs or devices, Plan B, the morning after-pill, or
other emergency contraception which may continue to be sold without a doctor's prescription.
Proposed law provides that the Dept. of Health may promulgate rules to allow other products that
use mifepristone or misprostol for uses other than chemical abortions to be marketed and sold
without a doctor's prescription. Proposed law further provide that whoever sells or distributes
chemical abortion drugs without a prescription is subject to criminal penalties of not more than
$1,000 or imprisoned for not more than six months, or both, and each instance of a sale or
distribution of a chemical abortion drug is considered a separate offense for purposes of the criminal
penalties.
Present law provides that unfair methods of competition and unfair or deceptive acts or practices in
the conduct of any trade or commerce are unlawful.
Proposed law provides that the advertising, offering for sale, sale, or distribution of chemical
abortion drugs without a prescription is an unfair trade practice.
Effective August 1, 2022.
(Amends R.S. 14:32.9 and R.S. 51:1402(10); adds R.S. 40:962.2)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Add provision that "induced chemical abortion" means abortion caused by certain
drugs dispensed or distributed by anyone other than a physician who is in the physical
presence of the pregnant woman when the drug is administered.
2. Define "induced chemical abortion" to also mean giving instructions via certain
media regarding the self-administered inducement of a chemical abortion when a
physician is not physically present.
3. Provide that certain proposed law penalties apply when the unlawful act results in
serious bodily injury of the pregnant woman.
4. Add provision that a lawful dispensing of a chemical abortion drug requires the
physician to be in the physical presence of the pregnant woman when the drug is
administered.