Fiscal Note - SB 0328 - Medical Tort Created Regarding Uninformed Consent For Abortion
L.R. NO. 1153-01
BILL NO. SB 328
SUBJECT: Abortion: Medical Tort
TYPE: Original
DATE: February 11, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
The Department of Health (DOH), Attorney General (AGO), Department of Social
Services (DOS), Department of Economic Development (DED) and Department of
Mental Health (DMH) do not expect to be fiscally impacted.
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.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
This proposal would not have a direct fiscal impact on small businesses.
DESCRIPTION
The proposal would allow a woman who sustains any injury from an abortion, as
a result of the breach of one or more of the duties outlined in this
proposal, to be entitled 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 the 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
Division of Professional Registration
This Fiscal Note is not an official copy and should not be quoted or cited.