RDCSB388 2709 4613
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)]
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. Stipulates, however, that the term
"abortion-inducing drug" shall not include the sale, use, prescription, or administration of
a contraceptive measure, drug, or chemical if it is administered prior to the time when a
pregnancy could be determined through conventional medical testing and if the
contraceptive measure is sold, used, prescribed, or administered in accordance with
manufacturer instructions.
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.
(5)Any act by a licensed pharmacist or pharmacy related to filling a prescription for a
drug, medicine, or other substance prescribed for a bona fide medical reason shall
not subject the pharmacist or the pharmacy to the criminal consequences if a
diagnosis or a diagnosis code is written on the prescription by the prescriber
indicating that the drug, medicine, or other substance is intended for a purpose other
than to cause an abortion in violation of proposed law.
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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 relative to criminal abortion.
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 authorizes the La. Dept. of Health to promulgate rules to allow products that
contain an abortion-inducing drug to be distributed for uses other than causing an abortion.
Proposed law requires healthcare providers who are licensed to prescribe medications or
drugs that are subject to the provisions of proposed law to write a diagnosis or a diagnosis
code on the prescription that clearly indicates that the prescription is not intended to cause
an abortion in violation of proposed law
Proposed law 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 an abortion-inducing drug 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 retains present
law and provides that the advertising, offering for sale, sale, or distribution of abortion-
inducing drugs without a prescription are unfair trade practices.
(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.
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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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the reengrossed bill:
1. Provide that, for purposes of proposed law, the term "abortion-inducing drug"
shall not include the sale, use, prescription, or administration of a contraceptive
measure, drug, or chemical if it is administered prior to the time when a
pregnancy could be determined through conventional medical testing and if the
contraceptive measure is sold, used, prescribed, or administered in accordance
with manufacturer instructions.
2. Provide that, for purposes of proposed law, the term "woman" means a pregnant
female whether she is a minor or of the age of majority.
3. Stipulate that any act by a licensed pharmacist or pharmacy related to filling a
prescription for a drug, medicine, or other substance prescribed for a bona fide
medical reason shall not subject the pharmacist or the pharmacy to the criminal
consequences if a diagnosis or diagnosis code is written on the prescription by
the prescriber indicating that the drug, medicine, or other substance is intended
for a purpose other than to cause an abortion in violation of proposed law.
4. Require healthcare providers who are licensed to prescribe medications or drugs
that are subject to the provisions of proposed law to write a diagnosis or
diagnosis code on the prescription that clearly indicates that the prescription is
not intended to cause an abortion in violation of proposed law.
5. Make technical changes.
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