HB 232 -- Abortion

Sponsor:  Cierpiot

This bill revises informed consent requirements and reporting of
data relating to abortions performed in this state.

INFORMED CONSENT

Relating to informed consent, the bill:

(1)  Requires in a medical emergency, as defined by the bill,
that 24 hours prior to the abortion, the physician performing
the abortion inform the woman in writing of:  the physician's
name, the abortion method, risks, gestational age of the unborn
child, anatomical and physiological characteristics of the
unborn child, medical risks of a term pregnancy, and possible
anti-Rh immune globulin therapy;

(2)  Requires the performing physician, 24 hours prior to the
abortion, to inform the woman in writing of material relating to
alternatives to abortion, medical assistance benefits, child
support payments, and the retention of state benefits upon a
withdrawal of consent to the abortion;

(3)  Requires the performing physician to meet privately with
the woman to answer questions concerning the procedure.  The
woman prior to the abortion must certify in writing that such
meeting took place.  The physician may forego the informed
consent provisions without criminal liability, if by a
preponderance of the evidence, the physician reasonably believes
that furnishing the information would result in a severe adverse
effect on the physical or mental health of the patient.

ABORTION RECORDKEEPING

Relating to recordkeeping, the bill:

(1)  Requires all abortion facilities to file a report with the
Department of Health indicating the name and address of the
facility along with any entities or affiliated subsidiaries or
corporations with a beneficial interest.  The reports are public
information for facilities receiving state funding.  The private
facilities' reports are closed except to law enforcement and
public health agencies.  A facility that fails to report incurs
a $500 per day fine;

(2)  Requires the Department of Health to publish within 60 days
of the effective date of the bill, a comprehensive list of state
agencies and services relating to adoption and child care,
general abortion law, rights and duties of the parents, and
alternatives to abortion.  The information, which includes a 24
hour hot line, will be broken down by localities with listings
of local service providers.  Materials designed to inform women
of abortion procedures, medical risks, abortions effects, and
pictures and drawings of the gestation period must be provided;
and

(3)  Requires all abortions facilities to file a quarterly
report with the Department of Health identifying the performing
physician and the second physician; the woman's age, marital
status, spousal awareness of the abortion, locality, and
abortion history; gestational age of the child aborted; the
abortion procedure; and pre-existing medical conditions.  The
reports will show the total number of abortions performed and in
which trimester of the pregnancy the abortion was performed.