SB 0785 Regulation on Place of Abortion & Physician Penalties
LR Number:L2947.01I Fiscal Note:2947-01
Committee:Public Health and Welfare
Last Action:03/18/96 - Hearing Conducted S Public Health & Welfare Committee
Effective Date:January 1, 1997
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Current Bill Summary

SB 785 - This act would require that every abortion performed up to 14 weeks gestational age must be performed in a physician's office, outpatient clinic, ambulatory surgical center or a hospital. Every abortion performed between the 14th and 18th week gestational age shall be performed in an ambulatory surgical center or hospital. And, every abortion performed after the 18th week gestational age shall be performed in a 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 to care for the patient until she is discharged.

This act would also require physicians who perform abortions to submit proof to the Department of Insurance (DOI) of their ability to satisfy damages awards of $500,000 per occurrence or $1,000,000 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 Department of Insurance of the ability to satisfy damages award requirements.

It shall be unlawful for a physician to perform or induce an abortion unless that physician has surgical privileges at a hospital which: (1) offers obstetrical and gynecological care and (2) which is located in the same county in which the abortion is performed or induced, or an adjoining county.

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.

Any person who is not a physician who performs or induces or attempts to perform or induce an abortion on another shall be guilty of a Class B felony.