SCS/HB 1266 - This act establishes the "Pain Capable Unborn Child Protection Act," which prohibits any abortion, except in the case of a medical emergency, from being performed or induced without a determination of the unborn child's gestational age, as specified in the act. If the physician has determined that the unborn child has reached the "pain capable gestational age", defined as 22 weeks since the first day of the woman's last menstrual period, no abortion shall be performed or induced, unless the physician determines that the woman's medical condition necessitates the abortion to prevent death or substantial and irreversible physical impairment of a major bodily function. If a physician performs or induces an abortion under those circumstances, the pregnancy shall be terminated in a manner that provides the best opportunity for the unborn child to survive. Any physician that performs or induces an abortion shall report to the Department of Health and Senior Services the probable gestational age, if determined, and the basis of that determination, or, if the age was not determined, the basis of the medical emergency. Additionally, the physician shall report the method of abortion. The report shall not contain the name or address of the patient or any other identifying information. The report shall be confidential and shall not be made available except under a court order.
Beginning June 30, 2019, and each year thereafter, the Department shall issue a public report releasing statistical information from the previous calendar year compiled from the reports submitted under this act.
Any physician or other licensed medical practitioner who intentionally or recklessly performs or induces an abortion in violation of this act shall face disciplinary measures from their respective professional board, including, but not limited to, the loss of a professional license to practice. Any other person who intentionally or recklessly performs or induces an abortion in violation of this act shall be considered to have engaged in the unauthorized practice of medicine. No penalty shall be assessed against the woman upon whom the abortion was performed or induced or attempted to be performed or induced.
Finally, this act repeals existing provisions of law relating to the provision of certain printed materials to a woman prior to an abortion regarding the possibility of the abortion causing pain to an unborn child, as well as provisions relating to offering the woman, prior to an abortion, anesthetics or analgesics to eliminate or alleviate pain to the unborn child.
SARAH HASKINS