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 Cheryl
Serrett.
DIGEST
SB 388 Reengrossed 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 for the crime of criminal abortion to
include the delivering, dispensing, distributing, or providing a pregnant woman with an abortion-
inducing drug when the person administering the drug is not a physician licensed by the state who
administers the abortion-inducing drug in person to the pregnant woman.
Proposed law defines "abortion-inducing drug" as a drug, medicine or other substance that is
intended to cause an abortion. Includes drugs known to have abortion-inducing properties such as
Mifeprex regimen, misoprostol, or methotrexate.
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.
(3)Possessing an abortion-inducing drug for her own use.
(4)Lawfully prescribing, dispensing, or distributing a drug or medicine for a bona fide medical
reason that is not intended to cause an abortion. 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 abortion-inducing drug that may be sold,
prescribed, dispensed, distributed, or delivered in Louisiana without a prescription of a duly licensed
physician who is physically present with the pregnant woman when the drug is administered.
Proposed law further provides that an abortion-inducing drug cannot include contraceptive drugs or
devices, Plan B or the morning-after pill, or other emergency contraception.
Proposed law prohibits the delivery of an abortion-inducing drug to a person in Louisiana by mail-
order, courier, or as a result of a sale made via the internet.
Proposed law provides that the Dept. of Health may promulgate rules to allow products that contain
an abortion-inducing drug to be distributed for uses other than causing an abortion.
Proposed law further provides that whoever sells or distributes an abortion-inducing drug 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 an abortion-inducing drug is
considered a separate offense for purposes of the criminal penalties. Further provides that possessing
for personal consumption shall not subject a pregnant women to criminal consequences.
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. Adds 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. Defines "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. Provides that certain proposed law penalties apply when the unlawful act results in
serious bodily injury of the pregnant woman.
4. Adds 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.
Senate Floor Amendments to engrossed bill
1. Changes definition of criminal abortion.
2. Defines "abortion-inducing drug".
3. Adds additional actions to list of activities not considered criminal abortion.
4. Prohibits delivery of abortion-inducing drug by mail-order, courier, or internet sale.
5. Provides severability.