Signed by Governor Dave Heineman

Vote Smart's Synopsis:

Vote to pass a bill that prohibits physicians from performing or inducing or attempting to perform or induce an abortion upon a woman if it has been determined by the physician that the "probably postfertalization age" of the fetus is 20 or more weeks beginning October 15, 2010.

Highlights:

• Exempts physicians from the prohibition against performing or inducing or attempting to perform or induce an abortion upon a woman if it has been determined by the physician that the "probably postfertalization age" of the fetus is 20 or more weeks if, in "reasonable medical judgment," one of the following conditions apply (Sec. 5):
• The woman has a condition that necessitates the abortion to avert her death or avert serious risk of substantial and irreversible physical impairment of a major bodily function; or
• The abortion is necessary to preserve the life of a fetus.

• Classifies a violation of the prohibition against performing or inducing or attempting to perform or induce an abortion upon a woman if it has been determined by the physician that the "probably postfertalization age" of the fetus is 20 or more weeks as a Class IV felony, provided that abortion was "intentionally and recklessly" performed (Sec. 7).

• Specifies that no penalty shall be assessed against the woman if an abortion was performed upon her and the "probably postfertalization age" of the fetus was determined to be 20 or more weeks (Sec. 7).

• Requires any physician who performs or induces or attempts to perform or induce an abortion to report to the Department of Health and Human Services the following (Sec. 6):
• The "probably postfertalization age," if such a determination was made;
• The basis of determining the "probably postfertalization age," if such a determination was made;
• The basis of determining that a pregnant woman had a condition that exempts the physician from the prohibition or if the abortion was necessary to preserve the life of a fetus, if the "probably postfertalization age" was determined to be 20 weeks or more; and
• The method used for the abortion and, if the "probably postfertalization age" was determined to be 20 or more weeks, whether the method was one that, in "reasonable medical judgment," provided the best opportunity for the fetus to survive.

• Classifies a violation of the aforementioned reporting requirements to be unprofessional conduct punishable by a $500 fine for every 30 day period the report is overdue (Sec. 6).

• Classifies a "reckless falsification" of the aforementioned reports as a Class V misdemeanor (Sec. 6).

• Alleges that by 20 weeks after fertilization there is "substantial evidence" that a fetus has the ability to experience pain (Sec. 3).

Full Bill Text