Title 18 Chapter 5 Pain-Capable Unborn Child Protection Act
Summary: Evidence is given regarding pain felt by unborn children at 20 weeks. The physician performing or inducing abortion is to establish the postfertilization age of unborn child, except in an emergency situation. Abortion of unborn child of 20 weeks or more, postfertilization age, is prohibited to prevent the death or substantial and irreversible physical impairment, (not including psychological or emotional harm) to the mother. Penalties described. Litigation defense fund established.
Gestational Age Act, 2018
Summary: Elective abortion restricted to up to the 15 week of gestation except in medical emergency or in cases of severe fetal abnormality. Medical license of physician shall be suspended or revoked for knowingly violating this law. Physicians who perform an abortion after 15 weeks of gestation must file a report with health department justifying the procedure. A fine of up to $500 imposed for filing a false report.
Courts have overturned some state laws targeting abortion due to lack of information about complications surrounding procedure. In 2016, the US Supreme Court ruling struck down Texas restrictions which required doctors who perform abortions to have admitting privileges at nearby hospitals and forced clinics to meet hospital-like standards. Court found there was insufficient data to justify the restrictions.
More data regarding the complications of abortions could provide evidence in support of abortion laws.
20 states have reporting laws already on books
Title 39, Chapter 95 Abortion Complications Reporting Law
(HB 638- Abortion Complications Reporting Act)
Related information and articles:
Planned Parenthood suing, claiming:
Title 18, Chapter 6, 609-2f Abortion and Contraceptives (SB 1243, 2018)
Summary: Abortion patients are to be informed of health care providers whom she can consult concerning drug-induced abortions and possible reversals. She is to be informed that if she want to consult such health care providers, she should do so before she takes the abortifacient.
Those who testified in favor of this bill:
Title 39, Chapter 93 Idaho Unborn Infants Dignity Act
Summary: Deceased unborn infants deserve the same respect as other deceased human beings. Prohibits the sale, distribution, or donation of the bodily remains of aborted infants, including embryotic stem cells.
SB 404, enacted 4/25/2017
Summary: Parents of a pregnant minor could be able to testify at a court hearing where their daughter is seeking permission to get an abortion without her parents’ consent; parents would have the right to sue an individual who assists their minor daughter in getting an abortion; and a doctor who performs an abortion on a girl younger than 16 years of age could lose his medical license if he does not notify the State of Indiana.
Mississippi Admitting Privileges Bill, HB 1390 (Ruled unconstitutional by 5th Circuit Court of Appeals in 2014)
Summary: Requires all physicians associated with an abortion facility have admitting privileges at a local hospital and staff privileges to replace local hospital on-staff physicians. All physicians associates with an abortion facility must be board certified or eligible in obstetrics and gynecology and that a staff member trained in CPR must always be present at the abortion facility when opened.
The bill was enrolled in April 2012 and went into effect on July 1, 2012. Jackson Women’s Health Organization filed a lawsuit challenging HB 1390 in June 2012. Federal District Court fully blocked the law in April 2013. On appeal in 2014, the 5th Circuit Court of Appeals ruled the law unconstitutional only as to the specific plaintiffs in the lawsuit. (See Jackson’s Women’s Health Organization v. Currier.)
HB 16 passed, Senate bill SB 23 passed As of May 23, 2019 not signed into law
Summary: Born Alive Infant Protection Act (https://www.aul.org/downloads/2017-Legislative-Guides/IPP/Born-AliveInfantProtectionAct2017LG.pdf)
Summary: If an infant is born alive during a botched abortion, the attending physician will be required to administer medical aid to the child and transfer the infant to a hospital for treatment. The Physician can be fined up to $100,000 for failing to provide medical care to the infant.
Section 1. Title.
This Act may be known and cited as the “Healthcare Freedom of Conscience Act.”
Section 2. Legislative Findings and Purposes.
(a) The [Legislature] of the State of [Insert name of State] finds that:
(1) It is the public policy of [Insert name of State] to respect and protect the fundamental right of conscience of all individuals who provide healthcare services.
(2) Without comprehensive protection, healthcare rights of conscience may be violated in various ways, such as harassment, demotion, salary reduction, transfer, termination, loss of staffing privileges, denial of aid or benefits, and refusal to license or refusal to certify.
(b) Based on the findings in subsection (a), it is the purpose of this Act to:
(1) Protect as a basic civil right the right of all healthcare providers, institutions, and payers to decline to counsel, advise, [pay for,] provide, perform, assist, or participate in providing or performing healthcare services that violate their consciences. Such healthcare services may include, but are not limited to, abortion, artificial birth control, artificial insemination, assisted reproduction, human embryonic stem-cell research, fetal experimentation, [human cloning, physician-assisted suicide, euthanasia,] and sterilization.
(2) Prohibit all forms of discrimination, disqualification, coercion, disability, or liability upon such healthcare providers, institutions, and payers that decline to perform or provide any healthcare service that violates their consciences.
Section 3. Definitions.
As used in this Act only:
(a) “Conscience” means the religious, moral, or ethical principles held by a healthcare provider, a healthcare institution, or a healthcare payer. For purposes of this Act, a healthcare institution or healthcare payer’s conscience shall be determined by reference to its existing or proposed religious, moral, or ethical guidelines; mission statement; constitution; bylaws; articles
of incorporation; regulations; or other relevant documents.
(b) “Employer” means any individual or entity that pays for or provides health benefits or health insurance coverage as a benefit to its employees, whether through a third-party, a health maintenance organization, a program of self-insurance, or some other means.
(c) “Healthcare institution” means any public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity that is involved in providing healthcare services, including but not limited to: hospitals, clinics, medical centers, ambulatory surgical centers, private physician’s offices, pharmacies, nursing homes,
university medical schools, nursing schools, medical training facilities, or other institutions or locations wherein healthcare services are provided to any person.
(d) “Healthcare payer” means any entity or employer that contracts for, pays for, or arranges for the payment of, in whole or in part, any healthcare service or product, including, but not limited to: health maintenance organizations, health plans, insurance companies, or management services organizations.
(e) “Healthcare provider” means any individual who may be asked to participate in any way in a healthcare service, including, but not limited to, the following: a physician; physician’s assistant; nurse; nurses’ aide; medical assistant; hospital employee; clinic employee; nursing home employee; pharmacist; pharmacy employee; researcher; medical or nursing school faculty,
student, or employee; counselor; social worker; or any professional, paraprofessional, or any other person who furnishes or assists in the furnishing of healthcare services.
(f) “Healthcare service” means any phase of patient medical care, treatment, or procedure, including, but not limited to, the following: patient referral; counseling; therapy; testing; research; instruction; prescribing, dispensing, or administering any device, drug, or medication; surgery; or any other care or treatment rendered by healthcare providers or healthcare
(g) “Participate” in a healthcare service means to counsel, advise, provide, perform, assist in, refer for, admit for purposes of providing, or participate in providing any healthcare service or any form of such service.
(h) “Pay” or “payment” means pay, contract for, or otherwise arrange for the payment of, in whole or in part.
Section 4. Freedom of Conscience of Healthcare Providers.
(a) Freedom of Conscience. A healthcare provider has the right not to participate, and no healthcare provider shall be required to participate, in a healthcare service that violates his or her conscience.
(b) Immunity from Liability. No healthcare provider shall be civilly, criminally, or administratively liable for declining to participate in a healthcare service that violates his or her conscience.
(c) Discrimination. It shall be unlawful for any person, healthcare provider, healthcare institution, public or private institution, public official, or any board which certifies competency in medical specialties to discriminate against any healthcare provider in any manner based on his or her declining to participate in a healthcare service that violates his or her conscience. For
purposes of this Act, discrimination includes, but is not limited to, the following: termination; transfer; refusal of staff privileges; refusal of board certification; adverse administrative action; demotion; loss of career specialty; reassignment to a different shift; reduction of wages or benefits; refusal to award any grant, contract, or other program; refusal to provide residency training opportunities; or any other penalty or disciplinary retaliatory action.
Section 5. Freedom of Conscience of Healthcare Institutions.
(a) Freedom of Conscience. A healthcare institution has the right not to participate, and no healthcare institution shall be required to participate, in a healthcare service that violates its conscience.
(b) Immunity from Liability. A healthcare institution that declines to provide or participate in a healthcare service that violates its conscience shall not be civilly, criminally, or administratively liable if the institution provides a consent form to be signed by a patient before admission to the institution stating that it reserves the right to decline to provide or participate in healthcare services that violate its conscience.
(c) Discrimination. It shall be unlawful for any person, public or private institution, or public official to discriminate against any healthcare institution or any person, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution, in any manner, including but not limited to the following: any denial, deprivation or disqualification with respect to licensure; any aid assistance, benefit, or privilege, including staff privileges; or any authorization, including authorization to create, expand, improve, acquire, or affiliate or merge with any healthcare institution because such healthcare institution or person, association, or corporation planning, proposing, or operating a healthcare institution declines to participate in a healthcare service which violates the healthcare institution’s conscience.
(d) Denial of Aid or Benefit. It shall be unlawful for any public official, agency, institution, or entity to deny any form of aid, assistance, grants, or benefits or in any other manner to coerce, disqualify, or discriminate against any person, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution because the existing or proposed healthcare institution declines to participate in a healthcare service which violates the healthcare institution’s conscience.
Section 6. Freedom of Conscience of Healthcare Payers.
[Drafter’s Note: This provision specifically implicates the Patient Protection and Affordable Care Act, the federal healthcare law enacted in 2010. Please contact AUL for drafting assistance when seeking to protect any category of healthcare payer.]
(a) Freedom of Conscience. A healthcare payer has the right to decline to pay, and no healthcare payer shall be required to pay for or arrange for the payment of any healthcare service or product that violates its conscience.
(b) Immunity from Liability. No healthcare payer and no person, association, corporation, or other entity that owns, operates, supervises, or manages a healthcare payer shall be civilly or criminally liable by reason of the healthcare payer’s declining to pay for or arrange for the payment of any healthcare service that violates its conscience.
(c) Discrimination. It shall be unlawful for any person, public or private institution, or public official to discriminate against any healthcare payer or any person, association, corporation, or other entity attempting to establish a new healthcare payer or operating an existing healthcare payer, in any manner, including but not limited to the following: any denial, deprivation, or disqualification with respect to licensure, aid, assistance, benefit, privilege, or authorization including but not limited to any authorization to create, expand, improve, acquire, or affiliate or merge with any healthcare payer, because a healthcare payer or a person, association, corporation, or other entity planning, proposing, or operating a healthcare payer declines to pay for or arrange for the payment of any healthcare service that violates its conscience.
(d) Denial of Aid or Benefits. It shall be unlawful for any public official, agency, institution, or entity to deny any form of aid, assistance, grants, or benefits or in any other manner to coerce, disqualify, or discriminate against any healthcare payer or any person, association, corporation, or other entity attempting to establish a new healthcare payer or operating an existing healthcare payer because the existing or proposed healthcare payer declines to pay for or arrange for the payment of any healthcare service that violates its conscience.
Section 7. Civil Remedies.
(a) Civil Action. A civil action for damages or injunctive relief, or both, may be brought for the violation of any provision of this Act. It shall not be a defense to any claim arising out of the violation of this Act that such violation was necessary to prevent additional burden or expense on any other healthcare provider, healthcare institution, individual, or patient.
(b) Damage Remedies. Any individual, association, corporation, entity, or healthcare institution injured by any public or private individual, association, agency, entity, or corporation by reason of any conduct prohibited by this Act may commence a civil action. Upon finding a violation of this Act, the aggrieved party shall be entitled to recover threefold the actual damages
including pain and suffering sustained by such individual, association, corporation, entity, or healthcare institution, the costs of the action, and reasonable attorney’s fees; but in no case shall recovery be less than five thousand dollars ($5,000) for each violation, in addition to costs of the action and reasonable attorney’s fees. These damage remedies shall be cumulative and not
exclusive of other remedies afforded under any other state or federal law.
(c) Injunctive Remedies. The court in such civil action may award injunctive relief including, but not limited to, ordering reinstatement of a healthcare provider to his or her prior job position.
Section 8. Severability.
Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
Section 9. Effective Date.
Americans United for Life (https://www.aul.org/downloads/2017-Legislative-Guides/ROC/HealthcareFreedomofConscienceAct2017LG.pdf)
The result of any prenatal screening or diagnostic test that indicates that an unborn child has or may have Down syndrome shall be delivered to the pregnant woman:
(a) by a licensed prenatal health care provider at an in-person consultation or a telemedicine or telephone conference;
(b) with contact information for a state or national Down syndrome parents’ group; and
(c) with a referral to a physician or other specialist who is knowledgeable about providing medical care to a child with Down syndrome.
(3) A person may not intentionally perform or attempt to perform an abortion if that person has knowledge that the pregnant woman is seeking the abortion solely because:
(a) the unborn child has been diagnosed with Down syndrome; or
(b) the pregnant woman believes that the unborn child may have Down syndrome.
(4) A person who performs an abortion described in Subsection (3) is guilty of a class A misdemeanor.
(5) A pregnant woman upon whom an abortion is performed in violation of this section may not be prosecuted for violating or conspiring to violate this section.
Utah House Bill 205 (2018)
(a) Except in the case of a medical emergency, the physician performing the abortion on the patient, the referring physician or a person designated by either physician shall inform the patient of the opportunity to view an active ultrasound of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible. The active ultrasound image and auscultation of fetal heart tone shall be of a quality consistent with standard medical practice in the community.
(b) This section shall not apply to a procedure performed with the intent to:
(i) Save the life of the patient;
(ii) Ameliorate a serious risk of causing the patient substantial and irreversible impairment of a major bodily function;
(iii) Preserve the health of the unborn child;
(iv) Remove a dead unborn child; or
(v) Remove an ectopic pregnancy.
Wyoming House Bill 182 (2017)