Revised Form 2 - Revision history

Barb: /* Key Listing and Definition of Medically Relevant Risk Factors */

2011-09-12T16:42:02Z

Key Listing and Definition of Medically Relevant Risk Factors

← Older revision		Revision as of 11:42, 12 September 2011
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	<font color="blue">and the alleged risk factor and complication associated with abortion was statistically validated in at least one of the studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.<br></font>		<font color="blue">and the alleged risk factor and complication associated with abortion was statistically validated in at least one of the studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.<br></font>

	<font color="blue">(Should we specifically identify the criteria upon which the presumption that the risk factor is medically credible? Or is it sufficient to just leave that to the jury. We do want to assure that this is a question of fact that should be determined by the jury, based on evidence and testimony.</font>		::<font color="blue">(Should we specifically identify the criteria upon which the presumption that the risk factor is medically credible? Or is it sufficient to just leave that to the jury. We do want to assure that this is a '''question of fact''' that should be determined by the jury, based on evidence and testimony.)</font>

	<font color="blue">(8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision. </font>		<font color="blue">(8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision. </font>

Barb: /* Key Listing and Definition of Medically Relevant Risk Factors */

2011-09-12T16:40:56Z

Key Listing and Definition of Medically Relevant Risk Factors

← Older revision		Revision as of 11:40, 12 September 2011
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	(See [[Risk Factors Identified by Pro-Choice Sources]])		(See [[Risk Factors Identified by Pro-Choice Sources]])

	<br>(7) An alleged risk factor ~~for a complication associated with abortion shall be presumptively deemed~~ medically credible, and ~~shall also be presumptively~~ deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor ~~and complications~~ associated with legally induced abortion which meet all of the following criteria:<br><font color="blue"><blockquote>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO not less than twelve months prior to the day pre-abortion screening was provided; and</blockquote><blockquote>2. the studies were published after 2000, or were published between 1973 and 1990 and were registered with the Abortion Information Depository at least twelve months prior to the abortion; and</blockquote></font>		<br>(7) There is a rebuttable presumption that an alleged risk factor is medically credible and would deemed relevant to the abortion decision of a reasonable patient if there are at least two peer reviewed studies identifying said risk factor is associated with legally induced abortion which meet all of the following criteria:<br><font color="blue"><blockquote>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO not less than twelve months prior to the day pre-abortion screening was provided; and</blockquote><blockquote>2. the studies were published after 2000, or were published between 1973 and 1990 and were registered with the Abortion Information Depository at least twelve months prior to the abortion; and</blockquote></font>

	<font color="blue">and the alleged risk factor and complication associated with abortion was statistically validated in at least one of the studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.<br></font>		<font color="blue">and the alleged risk factor and complication associated with abortion was statistically validated in at least one of the studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.<br></font>

	<font color="blue"></font>		<font color="blue">(Should we specifically identify the criteria upon which the presumption that the risk factor is medically credible? Or is it sufficient to just leave that to the jury. We do want to assure that this is a question of fact that should be determined by the jury, based on evidence and testimony.</font>

	<font color="blue">(8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision. </font>		<font color="blue">(8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision. </font>

Barb: /* Key Listing and Definition of Medically Relevant Risk Factors */

2011-01-05T16:28:36Z

Key Listing and Definition of Medically Relevant Risk Factors

← Older revision		Revision as of 11:28, 5 January 2011
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	(6) <u><font color="blue">Medically relevant risk factors shall, at a minimum, include any factor listed in any edition of the National Abortion Federation's medical textbooks "A Clinician's Guide to Medical and Surgical Abortion" or "Management of Unintended and Abnormal Pregnancy: Comprehensive Abortion Care" or in the 2008 report by the American Psychological Association Task Force on Mental Health and Abortion.</font></u>		(6) <u><font color="blue">Medically relevant risk factors shall, at a minimum, include any factor listed in any edition of the National Abortion Federation's medical textbooks "A Clinician's Guide to Medical and Surgical Abortion" or "Management of Unintended and Abnormal Pregnancy: Comprehensive Abortion Care" or in the 2008 report by the American Psychological Association Task Force on Mental Health and Abortion.</font></u>

	(See [[Risk Factors Identified by Pro-Choice Sources]])		(See [[Risk Factors Identified by Pro-Choice Sources]])

	<br~~> <u><font color="blue"~~>(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically ~~relevant~~, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if~~ ~~there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:</~~font~~></u>		<br>(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically credible, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:<br><font color="blue"><blockquote>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO not less than twelve months prior to the day pre-abortion screening was provided; and</blockquote><blockquote>2. the studies were published after 2000, or were published between 1973 and 1990 and were registered with the Abortion Information Depository at least twelve months prior to the abortion; and</blockquote></font>

	~~<u>~~<font color="blue">~~<blockquote>1. the studies identifying~~ the risk factor and associated ~~complication(s) were published~~ in the ~~English language in~~ a ~~peer-reviewed journal indexed by the United States National Library of Medicine's search services~~ (~~PubMed or MEDLINE~~) ~~or in any peer-reviewed journal included in PsycINFO not less than twelve months prior~~ to ~~the day pre-abortion screening was provided;~~		<font color="blue">and the alleged risk factor and complication associated with abortion was statistically validated in at least one of the studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.<br></font>

	2. the studies were published after 2000, or if published between 1973 and 1990 the studies were registered with the Abortion Information Depository at least twelve months prior to the abortion, the risk factor and complication associated with abortion was statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font~~>~~</~~blockquote~~>		<font color="blue"></font>

	<br> (8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.		<font color="blue">(8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision. </font>

	<br>		<font color="blue"><br> </font>

	</font></u>		<u><font color="blue"></font></u>

	<u><font color="blue"></font> </u>		<u><font color="blue"></font> </u>

Barb: /* 28-327.12. Statute of limitations; tolled; section, how construed; violations; how treated. */

2011-01-04T17:40:41Z

28-327.12. Statute of limitations; tolled; section, how construed; violations; how treated.

← Older revision		Revision as of 12:40, 4 January 2011
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	(3) A violation of subdivision (4), (5), or (6) of section 28-327 shall not provide grounds for any criminal action or disciplinary action against or revocation of a license to practice medicine and surgery pursuant to the Uniform Credentialing Act.		(3) A violation of subdivision (4), (5), or (6) of section 28-327 shall not provide grounds for any criminal action or disciplinary action against or revocation of a license to practice medicine and surgery pursuant to the Uniform Credentialing Act.

	<u><font color="RED">(4) In regard to health care facilities where an abortion may be performed and to persons licensed under the Uniform Credentialing Act who are acting under the direction of the attending physician, a violation of subdivision (4), (5), or (6) of section 28-327 shall not provide grounds for any criminal action, disciplinary action, or revocation of a license of the licensed person or health care facility under any section of Chapter 71 or in regard to the Uniform Credentialing Act or any other sections of Chapter 38 or Chapter 28.</font></u>		<u><font color="RED">
			(4) In regard to health care facilities where an abortion may be performed and to persons licensed under the Uniform Credentialing Act who are acting under the direction of the attending physician, a violation of subdivision (4), (5), or (6) of section 28-327 shall not provide grounds for any criminal action, disciplinary action, or revocation of a license of the licensed person or health care facility under any section of Chapter 71 or in regard to the Uniform Credentialing Act or any other sections of Chapter 38 or Chapter 28.

			ALTERNATIVE - Blanket exemption from prosecution or disciplinary action:

			(3) A violation of subdivision (4), (5), or (6) of section 28-327 shall not provide grounds for any criminal action or disciplinary action against or revocation of any license for any person.

			</font></u>
	</div>		</div>
	<br>		<br>

	== 28-343. Department of Health and Human Services; abortion reporting form; items included; confidential. ==		== 28-343. Department of Health and Human Services; abortion reporting form; items included; confidential. ==

Barb: /* Key Listing and Definition of Medically Relevant Risk Factors */

2011-01-04T17:02:15Z

Key Listing and Definition of Medically Relevant Risk Factors

← Older revision		Revision as of 12:02, 4 January 2011
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	<br> <u><font color="blue">(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:</font></u>		<br> <u><font color="blue">(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:</font></u>

	<u><font color="blue"><blockquote>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO not less than twelve months prior to the day pre-abortion screening was provided; 2. the studies were published after 2000, or if published between 1973 and 1990 the studies were registered with the Abortion Information Depository at least twelve months prior to the abortion, the risk factor and complication associated with abortion was statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></blockquote>		<u><font color="blue"><blockquote>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO not less than twelve months prior to the day pre-abortion screening was provided;

			2. the studies were published after 2000, or if published between 1973 and 1990 the studies were registered with the Abortion Information Depository at least twelve months prior to the abortion, the risk factor and complication associated with abortion was statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></blockquote>

	<br> (8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.		<br> (8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.

Barb: /* Key Listing and Definition of Medically Relevant Risk Factors */

2011-01-04T16:58:53Z

Key Listing and Definition of Medically Relevant Risk Factors

← Older revision		Revision as of 11:58, 4 January 2011
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	(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision, <u><font color="RED">or, if the jury concludes that less than five percent of women of reproductive age would consider the material both plausible and relevant to her assessment of the risks of abortion</font></u>		(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision, <u><font color="RED">or, if the jury concludes that less than five percent of women of reproductive age would consider the material both plausible and relevant to her assessment of the risks of abortion</font></u>

	==== Key Listing and Definition of Medically Relevant Risk Factors ====		==== Key Listing and Definition of Medically Relevant Risk Factors ====

	(6) <u><font color="~~green~~">Medically relevant risk factors shall, at a minimum, include any factor listed in any edition of the National Abortion Federation's medical textbooks "A Clinician's Guide to Medical and Surgical Abortion" or "Management of Unintended and Abnormal Pregnancy: Comprehensive Abortion Care" or in the 2008 report by the American Psychological Association Task Force on Mental Health and Abortion.</font></u>		(6) <u><font color="blue">Medically relevant risk factors shall, at a minimum, include any factor listed in any edition of the National Abortion Federation's medical textbooks "A Clinician's Guide to Medical and Surgical Abortion" or "Management of Unintended and Abnormal Pregnancy: Comprehensive Abortion Care" or in the 2008 report by the American Psychological Association Task Force on Mental Health and Abortion.</font></u>

	[[Risk Factors Identified by Pro-Choice Sources]]		(See [[Risk Factors Identified by Pro-Choice Sources]])

			<br> <u><font color="blue">(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:</font></u>

	<u><font color="~~green~~">(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:		<u><font color="blue"><blockquote>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO not less than twelve months prior to the day pre-abortion screening was provided; 2. the studies were published after 2000, or if published between 1973 and 1990 the studies were registered with the Abortion Information Depository at least twelve months prior to the abortion, the risk factor and complication associated with abortion was statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></blockquote>
	<blockquote>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO not less than twelve months prior to the day pre-abortion screening was provided;

	2. the ~~studies were published after 2000~~, or ~~if published between 1973 and 1990~~ the ~~studies were registered with~~ the ~~Abortion Information Depository at least twelve months prior to the abortion,~~ the ~~risk factor and complication associated with abortion was statistically validated in at least one~~ of ~~the relevant studies such that there is less than~~ a ~~five percent probability (P~~ < ~~.05) that~~ the ~~identified statistical association~~ is ~~due to chance.~~</font>~~</u></u></blockquote>~~		<br> (8) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion <font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.

	~~ALTERNATIVE~~		<br>

	(6) <u><font color="RED">Alleged risks, risk factors and complications associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the </font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if there are at least two peer reviewed studies identifying said risk factors and complications associated with legally induced abortion which meet all of the following criteria:</font></u>		</font></u>
	<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u> </blockquote><blockquote><u><font color="RED">2. the studies were published not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after 1990, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least six months prior to the abortion;</font></u></blockquote><blockquote><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion has been statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u>
	<br> (7) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion<u><font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font></u>~~. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.~~

	<br>		<u><font color="blue"></font> </u>
	</~~blockquote~~>

	== 28-327.12. Statute of limitations; tolled; section, how construed; violations; how treated. ==		== 28-327.12. Statute of limitations; tolled; section, how construed; violations; how treated. ==

Barb: /* Key Listing and Definition of Medically Relevant Risk Factors */

2011-01-04T16:53:49Z

Key Listing and Definition of Medically Relevant Risk Factors

← Older revision		Revision as of 11:53, 4 January 2011
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	==== Key Listing and Definition of Medically Relevant Risk Factors ====		==== Key Listing and Definition of Medically Relevant Risk Factors ====

	(6) <u><font color="~~RED~~">Medically relevant risk factors shall, at a minimum, include any factor listed in any edition of the National Abortion Federation's medical textbooks "A Clinician's Guide to Medical and Surgical Abortion" or "Management of Unintended and Abnormal Pregnancy: Comprehensive Abortion Care" or~~</font></u><u><font color="RED"> ~~in the 2008 report by the American Psychological Association Task Force on Mental Health and Abortion.</font></u>		(6) <u><font color="green">Medically relevant risk factors shall, at a minimum, include any factor listed in any edition of the National Abortion Federation's medical textbooks "A Clinician's Guide to Medical and Surgical Abortion" or "Management of Unintended and Abnormal Pregnancy: Comprehensive Abortion Care" or in the 2008 report by the American Psychological Association Task Force on Mental Health and Abortion.</font></u>

	[Risk Factors Identified by Pro-Choice Sources]		[[Risk Factors Identified by Pro-Choice Sources]]

	~~<u><font color="RED"></font></u>~~

	<u><font color="~~RED~~">(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:~~</font></u>~~		<u><font color="green">(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:
	<blockquote~~><u><font color="RED"~~>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO~~ </font></u><u><font color="RED">~~not less than twelve months prior to the day pre-abortion screening was provided;~~</font></u> </blockquote><blockquote><u><font color="RED">~~2.~~ </font></u><u><font color="RED">~~the studies were published after 2000, or if published between 1973 and 1990 the studies were registered with the Abortion Information Depository at least twelve months prior to the abortion,~~ </font></u><u><font color="RED">and </font></u><u><font color="RED">~~the risk factor and complication associated with abortion was statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u~~></blockquote><blockquote><u><font color="RED"></font~~></u></blockquote>		<blockquote>1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO not less than twelve months prior to the day pre-abortion screening was provided;

			2. the studies were published after 2000, or if published between 1973 and 1990 the studies were registered with the Abortion Information Depository at least twelve months prior to the abortion, the risk factor and complication associated with abortion was statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u></u></blockquote>

	ALTERNATIVE		ALTERNATIVE

Barb: /* Key Listing and Definition of Medically Relevant Risk Factors */

2011-01-04T16:49:39Z

Key Listing and Definition of Medically Relevant Risk Factors

← Older revision		Revision as of 11:49, 4 January 2011
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	(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision, <u><font color="RED">or, if the jury concludes that less than five percent of women of reproductive age would consider the material both plausible and relevant to her assessment of the risks of abortion</font></u>		(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision, <u><font color="RED">or, if the jury concludes that less than five percent of women of reproductive age would consider the material both plausible and relevant to her assessment of the risks of abortion</font></u>

	====Key Listing and Definition of Medically Relevant Risk Factors====		==== Key Listing and Definition of Medically Relevant Risk Factors ====

			(6) <u><font color="RED">Medically relevant risk factors shall, at a minimum, include any factor listed in any edition of the National Abortion Federation's medical textbooks "A Clinician's Guide to Medical and Surgical Abortion" or "Management of Unintended and Abnormal Pregnancy: Comprehensive Abortion Care" or</font></u><u><font color="RED"> in the 2008 report by the American Psychological Association Task Force on Mental Health and Abortion.</font></u>

			[Risk Factors Identified by Pro-Choice Sources]

	~~(6) ~~<u><font color="RED">~~Alleged risks,~~ risk ~~factors and complications~~ associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if ~~it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the~~ ~~</font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if~~ there are at least two peer reviewed studies identifying said risk ~~factors~~ and complications associated with legally induced abortion which meet all of the following criteria:</font></u>		<u><font color="RED"></font></u>
	<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u~~> </blockquote><blockquote~~><u><font color="RED">~~2. the studies were published~~ not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after ~~1990~~, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least ~~six~~ months prior to the abortion;</font></u~~></blockquote><blockquote~~><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion ~~has been~~ statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u></blockquote>
			<u><font color="RED">(7) An alleged risk factor for a complication associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient, if there are at least two peer reviewed studies identifying said risk factor and complications associated with legally induced abortion which meet all of the following criteria:</font></u>
			<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO </font></u><u><font color="RED">not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">2. </font></u><u><font color="RED">the studies were published after 2000, or if published between 1973 and 1990 the studies were registered with the Abortion Information Depository at least twelve months prior to the abortion, </font></u><u><font color="RED">and </font></u><u><font color="RED">the risk factor and complication associated with abortion was statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u></blockquote><blockquote><u><font color="RED"></font></u></blockquote>

	ALTERNATIVE		ALTERNATIVE

	(6) <u><font color="RED">Alleged risks, risk factors and complications associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the </font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if there are at least two peer reviewed studies identifying said risk factors and complications associated with legally induced abortion which meet all of the following criteria:</font></u>		(6) <u><font color="RED">Alleged risks, risk factors and complications associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the </font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if there are at least two peer reviewed studies identifying said risk factors and complications associated with legally induced abortion which meet all of the following criteria:</font></u>
	<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u> </blockquote><blockquote><u><font color="RED">2. the studies were published not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after 1990, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least six months prior to the abortion;</font></u></blockquote><blockquote><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion has been statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u>		<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u> </blockquote><blockquote><u><font color="RED">2. the studies were published not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after 1990, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least six months prior to the abortion;</font></u></blockquote><blockquote><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion has been statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u>
			<br> (7) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion<u><font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font></u>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.

	(7) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion<u><font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font></u>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.

	<br>		<br>
			</blockquote>

	== 28-327.12. Statute of limitations; tolled; section, how construed; violations; how treated. ==		== 28-327.12. Statute of limitations; tolled; section, how construed; violations; how treated. ==

Barb: /* 28-327.11. Civil action; rebuttable presumption;noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies. */

2011-01-04T16:28:18Z

28-327.11. Civil action; rebuttable presumption;noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies.

← Older revision		Revision as of 11:28, 4 January 2011
Line 293:		Line 293:
	(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision, <u><font color="RED">or, if the jury concludes that less than five percent of women of reproductive age would consider the material both plausible and relevant to her assessment of the risks of abortion</font></u>		(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision, <u><font color="RED">or, if the jury concludes that less than five percent of women of reproductive age would consider the material both plausible and relevant to her assessment of the risks of abortion</font></u>

	====Key Listing and Definition of ~~medically relevant risk~~ Factors"		====Key Listing and Definition of Medically Relevant Risk Factors====



	(6) <u><font color="RED">Alleged risks, risk factors and complications associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the </font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if there are at least two peer reviewed studies identifying said risk factors and complications associated with legally induced abortion which meet all of the following criteria:</font></u>		(6) <u><font color="RED">Alleged risks, risk factors and complications associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the </font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if there are at least two peer reviewed studies identifying said risk factors and complications associated with legally induced abortion which meet all of the following criteria:</font></u>
	<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u> </blockquote><blockquote><u><font color="RED">2. the studies were published not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after 1990, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least six months prior to the abortion;</font></u></blockquote><blockquote><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion has been statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u></blockquote>		<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u> </blockquote><blockquote><u><font color="RED">2. the studies were published not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after 1990, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least six months prior to the abortion;</font></u></blockquote><blockquote><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion has been statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u></blockquote>

			ALTERNATIVE

			(6) <u><font color="RED">Alleged risks, risk factors and complications associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the </font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if there are at least two peer reviewed studies identifying said risk factors and complications associated with legally induced abortion which meet all of the following criteria:</font></u>
			<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u> </blockquote><blockquote><u><font color="RED">2. the studies were published not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after 1990, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least six months prior to the abortion;</font></u></blockquote><blockquote><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion has been statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u>


	(7) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion<u><font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font></u>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.		(7) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person<strike>, other than a physician or pharmacist licensed under the Uniform Credentialing Act,</strike> who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion<u><font color="RED">with the exception of a person who is a licensed physician or a licensed pharmacist filling a prescription</font></u>. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.

Barb: /* 28-327.11. Civil action; rebuttable presumption;noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies. */

2011-01-04T16:27:02Z

28-327.11. Civil action; rebuttable presumption;noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies.

← Older revision		Revision as of 11:27, 4 January 2011
Line 293:		Line 293:
	(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision, <u><font color="RED">or, if the jury concludes that less than five percent of women of reproductive age would consider the material both plausible and relevant to her assessment of the risks of abortion</font></u>		(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision, <u><font color="RED">or, if the jury concludes that less than five percent of women of reproductive age would consider the material both plausible and relevant to her assessment of the risks of abortion</font></u>

			====Key Listing and Definition of medically relevant risk Factors"
	(6) <u><font color="RED">Alleged risks, risk factors and complications associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the </font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if there are at least two peer reviewed studies identifying said risk factors and complications associated with legally induced abortion which meet all of the following criteria:</font></u>		(6) <u><font color="RED">Alleged risks, risk factors and complications associated with abortion shall be presumptively deemed medically relevant, and shall also be presumptively deemed relevant to the abortion decision of a reasonable patient if it is listed in any guidelines of the National Abortion Federation, or in any guidelines of the </font></u><u><font color="RED">American College of Obstetricians and Gynecologists, in any report by the American Psychological Association Task Force on Mental Health and Abortion, or if there are at least two peer reviewed studies identifying said risk factors and complications associated with legally induced abortion which meet all of the following criteria:</font></u>
	<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u> </blockquote><blockquote><u><font color="RED">2. the studies were published not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after 1990, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least six months prior to the abortion;</font></u></blockquote><blockquote><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion has been statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u></blockquote>		<blockquote><u><font color="RED">1. the studies identifying the risk factor and associated complication(s) were published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,</font></u> </blockquote><blockquote><u><font color="RED">2. the studies were published not less than twelve months prior to the day pre-abortion screening was provided;</font></u> </blockquote><blockquote><u><font color="RED">3. </font></u><u><font color="RED">the studies were published after 1990, or if published between 1973 and 1990, the studies were registered with the Abortion Information Depository at least six months prior to the abortion;</font></u></blockquote><blockquote><u><font color="RED">and </font></u><u><font color="RED">the risk factor or complication associated with abortion has been statistically validated in at least one of the relevant studies such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance.</font></u></blockquote>