|SB 0312||Regulation on place of abortion and physician penalties|
|Last Action:||02/06/95 - Referred S Public Health & Welfare Committee|
|Effective Date:||August 28, 1995|
SB 312 - This act regulates where abortions may be performed based upon the period of gestation. This act also makes it a crime for physicians to leave abortion patients in an abortion facility or hospital unattended by a physician, and for failure to submit proof of the ability to satisfy abortion-related damages awards to the Department of Insurance.
Abortions performed after eighteen weeks gestation shall be performed in a licensed hospital. Abortions performed after fourteen and up to eighteen weeks shall be performed in a licensed ambulatory surgical center or hospital. Abortions performed up to fourteen weeks gestational age shall be performed in a physician's office, outpatient clinic, or licensed ambulatory surgical center or hospital.
It is unlawful for a physician performing an abortion to leave the abortion facility or hospital before the patient is discharged, unless another physician is physically present.
It also is unlawful for a physician to perform abortions without having submitted proof to the Department of Insurance (DOI) of the ability to satisfy damages awards of five hundred thousand dollars per occurrence or one million dollars in annual aggregate, relating to injury or death involving an abortion. It is unlawful for an abortion facility or hospital to hire, contract or retain a physician who is not able to satisfy the damages award requirements. Physicians must submit proof annually to the DOI of the ability to satisfy damages award requirements.
Violation of this act is a Class A misdemeanor, unless a
medical emergency requires an immediate abortion. The defendant
has the burden of injecting this medical emergency defense.