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HB 491 - Establishes Requirements for Abortions Resulting in Premature Birth - Alabama Key Vote

Ginny Shaver voted Yea (Passage) on this Legislation.

Read statements Ginny Shaver made in this general time period.

Timeline

Issues Related to HB 491

Stage Details

Legislation - Bill Passed (House) (66-18) - (Key vote)
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Title: Establishes Requirements for Abortions Resulting in Premature Birth

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that establishes requirements for abortions that result in premature birth.

Highlights:

 

  • Specifies that a child born from complications in an abortion resulting in premature birth at an abortion or reproductive health center is granted the same rights, powers, and privileges as any other child born in Alabama (Sec. 2).

  • Defines abortion as the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a known pregnant individual (Sec. 2).

  • Defines an abortion or reproductive health center as a facility defined and regulated as such by the Alabama State Board of Health (Sec. 2).

  • Defines “born alive” as the complete expulsion or extraction of a fetus from the pregnant individual at any point of the pregnancy which, after seperating, the fetus breaths or has a heartbeat, has pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or placenta is attached (Sec. 2).

  • Defines a physician as an individual licensed to practice medicine and surgery or osteopathic medicine and surgery in Alabama (Sec. 2).

  • Defines ectopic pregnancy as any pregnancy resulting from either a fertilized egg that has been implanted or attached outside the uterus or a fertilized egg implanted inside the cornu of the uterus (Sec. 2).

  • Defines “serious health risk” to the pregnant individual as a condition that complicates their medical condition to the point that requires termination of the pregnancy to avert death or serious risk of physical impairment of a major bodily function  (Sec. 2).

  • Specifies various exemption rules for terms relating to abortion, including (Sec. 2):

    • For the term “abortion”, exempts activities done with the intent to save the life or preserve health of the fetus, remove a dead fetus, premature delivery of a fetus to avoid a serious health risk to the pregnant individual, or preserve health of the fetus;

    • For the term abortion, it does not exempt a procedure or act to terminate the pregnancy of an individual with an ectopic pregnancy, when the fetus has a lethal anomaly; or

    • For the term “serious health risk”, exempts conditions based on claims that the pregnant individual is suffering from an emotion condition or mental illness that will result in the death of them or the fetus, but the condition may exist if a second physician licensed in Alabama as a psychiatrist examines the individual and diagnoses that there is an illness and a risk to them or the fetus.

  • Requires complications from abortion result in premature birth, that infant is entitled to the same physician-patient relationship available to any other individual in the state (Sec. 2).

  • Requires a physician to exercise the same degree of professional skill, care, and diligence to keep the infant alive as they would any other infant, and will be fined $100,000 dollars and sentenced to at least 20 years in state prison for failing to preserve their life and health (Sec. 2).

Legislation - Introduced (House) -

Title: Establishes Requirements for Abortions Resulting in Premature Birth

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