SB 0808 - Fiscal Note

Fiscal Note - SB 0808 - Medical Tort Created Re: Uninformed Consent For Abortion

L.R. NO.  2791-01
BILL NO.  SB 808
SUBJECT:  Public Health:  Abortion
TYPE:     Original
DATE:     February 12, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Local Government                $0                  $0                $0



                              FISCAL ANALYSIS

ASSUMPTION

The Office of State Courts Administrator (CTS) would expect some increase in
the number of civil filings, but the increase is not expected to be
significant.  Oversight assumes that the fiscal impact would be zero.

The Attorney General (AGO), Department of Health (DOH), Department of Social
Services (DOS), and the Department of Economic Development (DED), Division of
Professional Registration (DPR) do not expect to be fiscally impacted.

FISCAL IMPACT - State Government   FY 1997   FY 1998   FY 1999
                                  (10 Mo.)

                                        $0        $0        $0

FISCAL IMPACT  - Local Government  FY 1997   FY 1998   FY 1999
                                  (10 Mo.)

                                        $0        $0        $0

DESCRIPTION

The proposal would entitle a woman who sustains any injury, as a result of
the breach of one or more of the duties outlined in this proposal pertaining
to abortion, to compensatory damages, attorney's fees, all litigation costs
and expenses, and court costs.  The civil action would have to be filed
within three years of the woman's discovery of the causation of her injury.
The remedies would be cumulative to all other remedies available at law and
in equity.

The proposal would outline the responsibilities, at a minimum, which would
have to be fulfilled by an individual performing an informed consent
abortion.  These requirements would not be applicable in the case of a
medical emergency.  The information needed to comply with this proposal must
be supplied during an individual and personal consultation between the person
performing the abortion or prescribing the abortifacient and the woman
considering abortion.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Office of State Courts Administrator
Attorney General
Department of Mental Health
Department of Health
Department of Social Services
Department of Economic Development