Health: other; certain policies and procedures for determining whether an abortion is medically indicated to protect the life or physical or mental health of a pregnant individual; require. Creates new act.
Impact
The implications of HB4105 are significant, as it seeks to redefine the criteria under which abortions can be considered medically necessary. By providing a structured approach, the bill could lead to more stringent evaluations before an abortion is deemed necessary, as healthcare providers are required to navigate the complexities of mental health diagnoses. Conditions such as schizophrenia, bipolar disorder, various anxiety disorders, and others are classified under serious mental conditions, which may necessitate an abortion under the legislation's framework. This could potentially limit access to abortions for individuals who may not meet these defined criteria.
Summary
House Bill 4105 is designed to establish specific policies and procedures regarding the determination of whether an abortion is medically indicated to protect the life or physical or mental health of a pregnant individual. The legislation outlines strict criteria that healthcare professionals must adhere to when making such determinations. Notably, the bill mandates that the attending healthcare professional who assesses the medical necessity for an abortion must not be the same individual who performs the abortion. This separation aims to ensure unbiased decision-making in these sensitive situations, prioritizing the wellbeing of the pregnant individual.
Contention
Critics of HB4105 may argue that the bill could further complicate access to abortions, particularly for individuals with existing mental health conditions. By imposing specific procedural requirements and definitions that healthcare professionals must follow, there is concern that this legislation may create additional barriers for those seeking abortions. Proponents of the bill, however, may defend it by emphasizing the importance of ensuring that medical decisions regarding abortions are made with clear guidelines, aiming to protect both the patient and the integrity of the healthcare system.
Health: abortion; circumstances in which abortion is not medically indicated to protect the life or physical or mental health of pregnant individual; describe. Creates new act.
Enacts the mental health assessment and record keeping for the coroner's office act; requires the coroner, coroner and coroner's physician, or the medical examiner, to conduct a mental health assessment when a death occurs in such person's jurisdiction; requires death certificates list an underlying mental illness as the cause of death when a person commits suicide; requires life insurance policies to pay upon a suicide which the coroner, coroner and coroner's physician, or the medical examiner indicated an underlying mental illness as the cause of death.
Prohibits the application of fail-first or step therapy protocols to coverage for the diagnosis and treatment of serious mental health conditions; defines serious mental health condition.
Prohibits the application of fail-first or step therapy protocols to coverage for the diagnosis and treatment of serious mental health conditions; defines serious mental health condition.
Partial-birth abortions and abortions in third trimester of pregnancy prohibited, licensure of abortion facilities required, notice to parent or guardian of minor on whom an abortion is performed required, unborn child who is born alive following an attempted abortion required to be treated as person under law, and money appropriated.
Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
Health: abortion; circumstances in which abortion is not medically indicated to protect the life or physical or mental health of pregnant individual; describe. Creates new act.
In general administration, further providing for State recording system for application of restraints to pregnant prisoners or detainees; in county correctional institutions, further providing for county recording system for application of restraints to pregnant prisoners or detainees; providing for Department of Human Services facilities; and, in miscellaneous provisions, further providing for healthy birth for incarcerated women and providing for restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees, for cavity search and inspection restrictions, for training and education requirement, for feminine hygiene and incontinence products and for postpartum recovery.