Vote Smart's Synopsis:

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

Highlights:

• Authorizes a patient on whom an abortion is performed or attempted to file a civil action for the wrongful death of their child against a person who purposely takes the life of a child born by attempted abortion who is alive when removed from the uterus of the patient (Sec. 1).

• Authorizes a patient on whom an abortion is performed or attempted to file a civil action for injury, death, or loss to person or property against a person who performs an abortion and purposely fails to take the measurements required by the exercise of medical judgement in light of the attending circumstances to preserve the health or life of a child who is alive when removed from the uterus of the patient (Sec. 1).

• Specifies that an individual who prevails in an action filed under the above highlights may receive both of the following from the person who committed the act (Sec. 1):

• Compensatory and exemplary damages in an amount determined by the trier of  fact; and 

• Court costs and reasonable attorney fees. 

• Requires the Director of Health to develop a survival form to be submitted to the Department of Health each time a child is born alive after an abortion or attempted abortion, and may consult with obstetricians, maternal-fetal specialists, or any other professionals when developing the form (Sec. 1). 

• Specifies that the above-mentioned form must have areas for all of the following to be provided, including but not limited to (Sec. 1):

• The patient number for the individual on whom the abortion was performed or attempted;

• The name, primary business address, and signature of the attending physician who performed or attempted to perform the abortion;

• The date the abortion was performed or attempted;

• The type of abortion procedure that was performed or attempted;

• The gestational age of the child that was born;

• Complications, by type, for both the patient and child.

• Requires the attending physician who performed or attempted an abortion which results in a premature birth to complete the survival form no later than 15 days after the patient is discharged from the facility (Sec. 1).

• Specifies that a completed survival form is confidential, not public record (Sec. 1).

• Requires a copy of the survival form to be made part of the medical record maintained for the patient by the facility in which the abortion was performed or attempted (Sec. 1).

• Requires each facility in which a performed or attempted abortion resulted in a premature birth to submit monthly and annual reports to the Department of Health listing the total number of patients on whom an abortion was attempted or performed, delineated by the type of abortion procedure, and specifies that (Sec. 1):

• The annual report must be submitted following the conclusion of the state’s fiscal year; and 

• Each monthly or annual report must be submitted no later than 30 days after the end of the applicable reporting period. 

• Requires the Department to issue an annual report of the data submitted for the previous calendar year which, at a minimum, must specify the number of patients, delineated by the type of abortion procedure performed, and the facility where the abortions were performed or attempted and in which resulted in a premature birth(Sec. 1).

• Authorizes a patient on whom an abortion was performed or attempted to file a civil action against a person who violates compliance with the required survival reports, and specifies that a patient who prevails in an action will receive both of the following from the person who committed the violation (Sec. 1):

• Damages in the amount of $10,000; and 

• Court costs and reasonable attorney fees.

• Specifies that anyone who violates compliance with the monthly and annually required survival reports is guilty of a felony of the third degree (Sec. 1).

• Requires a physician who performs or attempts an abortion in an ambulatory surgical facility or location other than a hospital and in which results in a premature birth to immediately take the following steps (Sec. 1):

• Provide post-birth care to the newborn;

• Call for assistance from an emergency medical services provider; and 

• Arrange for the transfer of the newborn to a hospital.

Full Bill Text