HB 1327 Changes the laws regarding the consent requirements for obtaining an abortion and creates the crime of coercing an abortion

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HBs 1327 & 2000 -This act modifies the informed consent requirements for an abortion by adding new requirements to be obtained at least twenty-four hours prior to an abortion.

Some of the new requirements include presenting to the pregnant woman various new printed materials and videos, to be developed by the Department of Health and Senior Services by November 30, 2010, detailing the risks of an abortion and the physiological characteristics of an unborn child at two-week gestational increments. The woman must also be provided with the gestational age of the unborn child at the time the abortion is to be performed and must be given an opportunity to view, at least 24 hours prior to an abortion, an active ultrasound of the unborn child and hear the heartbeat of the unborn child, if the heartbeat is audible. Prior to an abortion being performed past twenty-two weeks gestational age, the woman must be provided information regarding the possibility of the abortion causing pain to the unborn child.

In addition to the written informed consent, the act requires the physician or a qualified professional to discuss the medical assistance and counseling resources available, advise the woman of the father's liability for child support, and provide information about the Alternatives to Abortion Program. All information required to be provided to a woman shall be presented to her individually in the physical presence of the woman. The abortion cannot be performed until the woman certifies in writing on a checklist form that she has been presented all the required information and that she has been given the opportunity to view an ultrasound, and to choose to have an anesthetic or analgesic administered to the unborn child.

This act requires the physician or qualified professional to provide the woman with access to a telephone and information about rape crisis centers, domestic violence shelters and obtaining orders of protection should the physician have reason to believe the woman is being coerced into having an abortion. Section 188.027

This act provides that it shall never be a bona fide occupational qualification that an employee or applicant for employment seek or obtain an abortion. Section 188.108

Notwithstanding any other provision in law allowing a person to provide services related to pregnancy, delivery and postpartum services, no person other than a licensed physician can perform or induce an abortion. Anyone violating the provision is guilty of a class B felony. Section 334.245

If an individual younger than 18 years of age who has not obtained a court-ordered consent for abortion seeks to obtain an abortion, the facility or physician who would perform or induce the abortion must notify the prosecuting attorney for the county in which the abortion procedure is to be performed within one business day before the abortion. Such notification shall occur regardless of whether the abortion is obtained. If an abortion is performed or induced, a tissue sample must be retained by the facility for DNA identification purposes. Section 1

This act is similar to provisions in SS/SCS/SB 793 (2010).

ADRIANE CROUSE


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