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 461 Original 2023 Regular Session DuBuisson
Abstract: Provides for exceptions to abortion.
Present law (R.S. 14:87.1) provides for the definition of "abortion" and various other terms.
Proposed law retains present law.
Present law (R.S. 14:87.1(b)) provides for a list of acts that do not constitute an abortion when
performed by a physician.
Present law further provides that one of these acts as provided in present law (R.S. 14:87.1(b)(ii))
is the removal of a dead unborn child or the inducement or delivery of the uterine contents in case
of a positive diagnosis, certified in writing in the woman's medical record along with the results of
the obstetric ultrasound test, that the pregnancy has ended or is in the unavoidable and untreatable
process of ending due to spontaneous miscarriage.
Proposed law amends present law (R.S. 14:87.1(b)(ii)) to provide that an abortion is not the
performance of a medical procedure to treat a patient who has been diagnosed, in good faith medical
judgment and certified in writing in the woman's medical record, with a pregnancy that has ended
or is in the process of ending due to spontaneous miscarriage, also known in medical terminology
as spontaneous abortion, missed abortion, inevitable abortion, incomplete abortion, or septic
abortion,
Proposed law provides an exception for a medical procedure that treats a patient who has, in good
faith medical judgment and certified in writing in the woman's medical record, been diagnosed with
a complication that renders the pregnancy nonviable.
Present law (R.S. 40:1061) provides for a prohibition on abortion and provides for penalties.
Proposed law retains present law.
Present law provides that the terms used in present law (R.S. 40:1061) have the same meaning as
the definitions provided in present law (R.S. 14:87.1).
Proposed law amends present law to provide that it shall not be a violation of present law R.S.
40:1061) to perform any act or procedure that is not a violation of present law (R.S. 14:87.7 or R.S.
14:87.8), as defined by present law (R.S. 14:87.1). (Amends R.S. 14:87.1(1)(b)(ii) and R.S. 40:1061(I))