SCS/HS/HCS/HBs 1320, 8981, 1042, 1109 & 1250 - This act would make it unlawful for an abortion to be performed anywhere other than a physician's office, outpatient clinic, ambulatory surgical center or hospital.

It would also be 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 obtain $500,000 of medical malpractice insurance.

It shall be unlawful for a physician to perform or induce an abortion unless that physician has surgical privileges at a hospital which: (1) is located in the same or an adjoining county in which the abortion is performed; and (2) allows such physician to admit, diagnose and treat at the hospital, patients experiencing complications resulting from abortions.

A medical emergency that requires an immediate abortion shall be a justification for failure to perform any actions normally required prior to performing such abortion.

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

The act also requires any abortion facility, not required to be licensed as an ambulatory surgical center, to be inspected annually by the Department of Health. The Department shall promulgate rules governing the operation of unlicensed abortion facilities to ensure that abortions at such facilities are performed safely. The Department may seek an injunction against any unlicensed abortion facility that fails to comply with such rules.

ALTERNATIVES TO ABORTION - An Alternatives to Abortion Program is established and shall be known as TEL-LINK PLUS. The program shall be part of the TEL-LINK program, shall include pamphlets that briefly describe support services available for pregnant women and may include, if appropriations allow, educational programs to inform health care providers, family therapists, school counselors and other like professionals of such services.

The program creates the position of case manager. The case manager's role is to provide services to and advocate for the pregnant woman. The Department of Health shall define the minimum standards for case managers. Any accredited educational institution may offer training programs designed to meet such standards and shall certify all applicants who successfully complete the program. The certificate of training is valid for three years.

Once certified, case managers shall register with the Department. Tel-Link operators shall refer women to case manager and other services.

A physician, prior to performing an abortion, shall provide the woman with written information about available services. This provision shall not apply when the health of the woman is at risk or when the abortion is medically indicated according to the woman's attending physician. Nor shall this provision apply when the pregnancy results from rape or incest and is reported to law enforcement.

It is unlawful for a case manager to have any economic interest in an abortion facility. Any unlawful act under these sections is a Class C misdemeanor.

The stated policy of this act is to reduce out-of-wedlock conception, inadequate prenatal care, infant mortality, abortion and violence associated with abortion activities and to support childbirth.

This act would become effective on January 1, 1997.
JAMES KLAHR