Stop Forced Abortions Model Bill - Revision history

Barb: /* 3. Negligent Pre-Abortion Screening and Counseling */

2013-07-15T17:07:57Z

3. Negligent Pre-Abortion Screening and Counseling

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	In addition to any other requirements under state law, it is an act of medical negligence to perform or refer for an abortion, except in the case of medical emergency, unless all of the following are true:		In addition to any other requirements under state law, it is an act of medical negligence to perform or refer for an abortion, except in the case of medical emergency, unless all of the following are true:

	:(1) At least one hour prior to the performance of an abortion, a person licensed under the Uniform Credentialing Act as either a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker has:		:(1) At least one hour prior to the performance of an abortion or the administration of any medicine, including psychotropic, in preparation for the abortion procedure, a person licensed under the Uniform Credentialing Act as either a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker has:

	::(a) Evaluated the pregnant woman in person to identify the presence of any indicators and contraindicators, and risk factors including any physical, psychological, or situational factors associated with abortion, the list including, at least the following risk factors:		::(a) Evaluated the pregnant woman in person to identify the presence of any indicators and contraindicators, and risk factors including any physical, psychological, or situational factors associated with abortion, the list including, at least the following risk factors:

Barb: /* 3. Negligent Pre-Abortion Screening and Counseling */

2012-06-28T17:28:06Z

3. Negligent Pre-Abortion Screening and Counseling

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	::(c) Retained a copy of the written evaluation results in the pregnant woman's permanent record, with said copy including the woman's written certification that she personally discussed the risk factors and any associated complications with the licensed person who signed the written certification;		::(c) Retained a copy of the written evaluation results in the pregnant woman's permanent record, with said copy including the woman's written certification that she personally discussed the risk factors and any associated complications with the licensed person who signed the written certification;

	:If steps (b) and (c) are completed with the aid of a computer program or internet site, the results must be reviewed with the woman, in person, with the licensed person signing the written evaluation at least one hour prior to the performance of the abortion; and		:If steps (a) and (b) are completed with the aid of a computer program or internet site, the results must be reviewed with the woman, in person, with the licensed person signing the written evaluation at least one hour prior to the performance of the abortion; and

Barb: /* 3. Negligent Pre-Abortion Screening and Counseling */

2012-06-28T17:20:36Z

3. Negligent Pre-Abortion Screening and Counseling

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	:(1) At least one hour prior to the performance of an abortion, a person licensed under the Uniform Credentialing Act as either a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker has:		:(1) At least one hour prior to the performance of an abortion, a person licensed under the Uniform Credentialing Act as either a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker has:

	::(a) Evaluated the pregnant woman in person to identify the presence of any indicators and contraindicators, and risk factors including any physical, psychological, or situational factors associated with abortion, , the list including, at least the following risk factors:		::(a) Evaluated the pregnant woman in person to identify the presence of any indicators and contraindicators, and risk factors including any physical, psychological, or situational factors associated with abortion, the list including, at least the following risk factors:

	:::(1) perceived pressure from others to terminate a pregnancy;		:::(1) perceived pressure from others to terminate a pregnancy;

Barb: /* 6. Construction. */

2012-06-14T20:59:05Z

6. Construction.

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	(4) A violation of subsection 3(1), 3(2), and 3(3) shall shall not provide grounds for any criminal action or disciplinary action by any State agency or State licensing authority against the physician or persons acting under the physician's direction or against a licensed medical facility, hospital, health care facility, or parent corporation of the health care facility.		(4) A violation of subsection 3(1), 3(2), and 3(3) shall shall not provide grounds for any criminal action or disciplinary action by any State agency or State licensing authority against the physician or persons acting under the physician's direction or against a licensed medical facility, hospital, health care facility, or parent corporation of the health care facility.

	(5) If any section~~, phrase, or word~~ in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions.		(5) If any section in this act, or any part of any section, is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions.

Barb: /* 4. Civil Remedies. */

2012-06-14T17:59:30Z

4. Civil Remedies.

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	::(b) In the reasonable medical judgment of two licensed psychiatrists who examined the patient prior to the abortion, disclosure of the contested information would most likely have been the immediate and direct cause of a severe adverse effect on the physical health of the patient; or		::(b) In the reasonable medical judgment of two licensed psychiatrists who examined the patient prior to the abortion, disclosure of the contested information would most likely have been the immediate and direct cause of a severe adverse effect on the physical health of the patient; or

	:(6) It shall be an affirmative defense to allegations of inadequate screening under the standards and requirements of subsection 3 of this section that the defendants failed to screen for the contested information because no peer reviewed study has been published after 1973, in the English language, in a journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or the index PsychInfo, showing that alleged indicators and contraindicators, and risk factors are significantly associated with ~~negative effects~~ associated with ~~legal~~ abortion, ~~with~~ the statistical test for a significant association being such that there is less than a five percent probability (P < .05) that the reported association was due to chance.		:(6) It shall be an affirmative defense to allegations of inadequate screening under the standards and requirements of subsection 3 of this section that the defendants failed to screen for the contested information because no peer reviewed study has been published after 1973, in the English language, in a journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or the index PsychInfo, showing that alleged indicators and contraindicators, and risk factors are significantly associated with complications associated with abortion, wherein the statistical test for a significant association being such that there is less than a five percent probability (P < .05) that the reported association was due to chance.

	:(7)If the physician provided a minor patient with an abortion without the informed consent of the minor's legal guardian, as may be provided by law, the burden of proving that the minor woman was capable of maturely and independently evaluating the information given to her in the disclosure process, that the minor woman was capable of making a voluntary and informed choice, and that all aspects of the screening and disclosure were adequate shall fall upon the abortion provider.		:(7)If the physician provided a minor patient with an abortion without the informed consent of the minor's legal guardian, as may be provided by law, the burden of proving that the minor woman was capable of maturely and independently evaluating the information given to her in the disclosure process, that the minor woman was capable of making a voluntary and informed choice, and that all aspects of the screening and disclosure were adequate shall fall upon the abortion provider.

Barb: /* 4. Civil Remedies. */

2012-06-14T17:55:55Z

4. Civil Remedies.

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	::(b) In the reasonable medical judgment of two licensed psychiatrists who examined the patient prior to the abortion, disclosure of the contested information would most likely have been the immediate and direct cause of a severe adverse effect on the physical health of the patient; or		::(b) In the reasonable medical judgment of two licensed psychiatrists who examined the patient prior to the abortion, disclosure of the contested information would most likely have been the immediate and direct cause of a severe adverse effect on the physical health of the patient; or

	:(6) It shall be an affirmative defense to allegations of inadequate screening under the standards and requirements of subsection 3 of this section that the defendants failed to screen for the contested information because ~~information regarding the alleged indicators and contraindicators, and risk factors~~ has been ~~identified as being significantly associated with legal abortion such that there is less than a five percent probability (P < .05) in a peer-reviewed research~~ published after 1973 in the English language in a journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or the index PsychInfo.		:(6) It shall be an affirmative defense to allegations of inadequate screening under the standards and requirements of subsection 3 of this section that the defendants failed to screen for the contested information because no peer reviewed study has been published after 1973, in the English language, in a journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or the index PsychInfo, showing that alleged indicators and contraindicators, and risk factors are significantly associated with negative effects associated with legal abortion, with the statistical test for a significant association being such that there is less than a five percent probability (P < .05) that the reported association was due to chance.

	:(7)If the physician provided a minor patient with an abortion without the informed consent of the minor's legal guardian, as may be provided by law, the burden of proving that the minor woman was capable of maturely and independently evaluating the information given to her in the disclosure process, that the minor woman was capable of making a voluntary and informed choice, and that all aspects of the screening and disclosure were adequate shall fall upon the abortion provider.		:(7)If the physician provided a minor patient with an abortion without the informed consent of the minor's legal guardian, as may be provided by law, the burden of proving that the minor woman was capable of maturely and independently evaluating the information given to her in the disclosure process, that the minor woman was capable of making a voluntary and informed choice, and that all aspects of the screening and disclosure were adequate shall fall upon the abortion provider.

Barb: /* 5. Abortion Reporting Form Depository. (optional) */

2012-06-14T17:46:46Z

5. Abortion Reporting Form Depository. (optional)

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	*The length and weight of the aborted child, when measurable;		*The length and weight of the aborted child, when measurable;
	*Whether or not the woman returned to the clinic for the scheduled follow up(s).		*Whether or not the woman returned to the clinic for the scheduled follow up(s).
			*Not less than five and no more than ten research questions developed by the Department of Health which may be useful for researchers to better understand the risk factors for and effects of abortion. These questions should be periodically reviewed and altered to advance research into the causes and consequences of abortion.
	Not less than five and no more than ten research questions developed by the Department of Health which may be useful for researchers to better understand the risk factors for and effects of abortion. These questions should be periodically reviewed and altered to advance research into the causes and consequences of abortion.

	The completed form shall be signed by the attending physician and sent to the department within thirty days after each reporting month. The completed form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete unless the omission of any item of information required shall have been disclosed or satisfactorily accounted for. Carbon copies shall not be acceptable. The abortion reporting form shall not include the name of the person upon whom the abortion was performed. The abortion reporting form shall be confidential and shall not be revealed except upon the order of a court of competent jurisdiction in a civil or criminal proceeding		The completed form shall be signed by the attending physician and sent to the department within thirty days after each reporting month. The completed form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete unless the omission of any item of information required shall have been disclosed or satisfactorily accounted for. Carbon copies shall not be acceptable. The abortion reporting form shall not include the name of the person upon whom the abortion was performed. The abortion reporting form shall be confidential and shall not be revealed except upon the order of a court of competent jurisdiction in a civil or criminal proceeding

Barb: /* 5. Abortion Information Depository. (optional) */

2012-06-14T17:45:21Z

5. Abortion Information Depository. (optional)

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	:(8) In addition to the other remedies available under common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person, other than a physician or pharmacist licensed under the Uniform Credentialing Act, who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion. Proof of injury shall not be required to recover an award for reckless endangerment or wrongful death under this subdivision and the minimum award for damages under this subdivision shall be eight hundred thousand dollars, plus reasonable costs and attorney's fees.		:(8) In addition to the other remedies available under common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person, other than a physician or pharmacist licensed under the Uniform Credentialing Act, who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion. Proof of injury shall not be required to recover an award for reckless endangerment or wrongful death under this subdivision and the minimum award for damages under this subdivision shall be eight hundred thousand dollars, plus reasonable costs and attorney's fees.

			==5. Abortion Reporting Form Depository. (optional)==

			The Department of Health and Human Services shall prescribe an abortion reporting form which shall be used for the reporting of every abortion performed in this state. Such form shall include the following items:

			*The age of the pregnant woman;
			*The location of the facility where the abortion was performed;
			*The type of procedure performed;
			*Complications, if any;
			*The name of the attending physician;
			The pregnant woman's obstetrical history regarding previous pregnancies, abortions, and live births;
			*The stated reason or reasons for which the abortion was requested;
			*The state of the pregnant woman's legal residence;
			*The length and weight of the aborted child, when measurable;
			*Whether or not the woman returned to the clinic for the scheduled follow up(s).

			Not less than five and no more than ten research questions developed by the Department of Health which may be useful for researchers to better understand the risk factors for and effects of abortion. These questions should be periodically reviewed and altered to advance research into the causes and consequences of abortion.

			The completed form shall be signed by the attending physician and sent to the department within thirty days after each reporting month. The completed form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete unless the omission of any item of information required shall have been disclosed or satisfactorily accounted for. Carbon copies shall not be acceptable. The abortion reporting form shall not include the name of the person upon whom the abortion was performed. The abortion reporting form shall be confidential and shall not be revealed except upon the order of a court of competent jurisdiction in a civil or criminal proceeding

			The completed form shall be accompanied by a copy of the written evaluation described in Section 3, with the date of the abortion and any other information that might personally identify the woman, her partner, or her family redacted by the physician or the reporting medical facility.

			The Department shall maintain files containing these written evaluations in lots spanning a three month period. After each three month period, these lots shall be made available to researchers seeking to aggregate the information collected, provided the researchers shall sign a non-disclosure agreement, prepared by the Department, precluding the use of the written evaluations to attempt to identify any individual.

	==5. Abortion Information Depository. (optional)==		==5. Abortion Information Depository. (optional)==

Barb: /* 3. Negligent Pre-Abortion Screening and Counseling */

2012-06-14T17:41:56Z

3. Negligent Pre-Abortion Screening and Counseling

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	==3. Negligent Pre-Abortion Screening and Counseling==		==3. Negligent Pre-Abortion Screening and Counseling==
			(Some states have chosen to include forms of these provisions under the section of an existing statute defining informed consent standards for abortion.)

	In addition to any other requirements under state law, it is an act of medical negligence to perform or refer for an abortion, except in the case of medical emergency, unless all of the following are true:		In addition to any other requirements under state law, it is an act of medical negligence to perform or refer for an abortion, except in the case of medical emergency, unless all of the following are true:

Barb: /* Alternate Definition of Risk Factors */

2012-06-14T17:40:30Z

Alternate Definition of Risk Factors

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	(5) If any section, phrase, or word in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions.		(5) If any section, phrase, or word in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions.

	~~==Alternate Definition of Risk Factors==~~
	Risk factor associated with abortion means any factor for which there is a statistical association with a higher risk of one or more complications associated with legally induced abortion and which meets all of the following criteria:

	~~::(1) the risk factor has been statistically validated such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance;~~
	::(2) the study identifying the risk factor and associated complication(s) was published in English, in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or the index PsychInfo, or if published before 1991 and after 1970, the study was registered with the Abortion Information Depository; and
	::(3) the associated complication is one that a reasonable patient may consider relevant to a decision to undergo or forgo an induced abortion. The list of risk factors shall, at a minimum, include all the risk factors identified by the American Psychological Association Task Force on Abortion and Mental Health, including the characteristics of being an adolescent, having a prior history of abortion, having a non-elective abortion, terminating a pregnancy that is wanted or meaningful, perceived pressure from others to terminate a pregnancy, perceived opposition to the abortion from partners, family, and/or friends, lack of perceived social support from others, various personality traits (e.g., low self-esteem, a pessimistic outlook, low-perceived control over life), a history of mental health problems prior to the pregnancy, feelings of stigma, perceived need for secrecy, exposure to antiabortion picketing, use of avoidance and denial coping strategies, Feelings of commitment to the pregnancy, ambivalence about the abortion decision, low perceived ability to cope with the abortion, history of prior abortion, late term abortion.