Nebraska Amendments - Revision history

Barb at 15:49, 16 November 2010

2010-11-16T15:49:36Z

Barb: /* 28-327. Abortion; voluntary and informed consent required; exception. */

2010-11-16T15:48:11Z

28-327. Abortion; voluntary and informed consent required; exception.

Barb: /* Abortion Information Depository */

2010-11-16T15:40:55Z

Abortion Information Depository

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	:(f) The documents submitted by third parties described in (e) may optionally include the original abstracts. In the event the Department becomes aware of any inaccuracies in the document, the Department shall seek to cooperate with the submitter to correct the inaccuracies or, in the event a mutual agreement can not be reached, shall attach a disclaimer to document identifying the claimed inaccuracies.		:(f) The documents submitted by third parties described in (e) may optionally include the original abstracts. In the event the Department becomes aware of any inaccuracies in the document, the Department shall seek to cooperate with the submitter to correct the inaccuracies or, in the event a mutual agreement can not be reached, shall attach a disclaimer to document identifying the claimed inaccuracies.

	:(g) A listing of ~~up to five~~ questions which may be useful for researchers to understand the risk factors for and effects of abortion~~, which may be updated on an annual basis,~~ which shall be included on the written evaluation form  described in section 28-327.4(c)</font></u>		:(g) A listing of the 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 which shall be included on the written evaluation form  described in section 28-327.4(c). There shall be no more than five research questions for any given year, and they shall be published at least three months prior to each calendar year for inclusion on the written evaluation forms for the designated year.</font></u>

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Barb: /* Abortion Information Depository */

2010-11-16T15:37:38Z

Abortion Information Depository

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	:(f) The documents submitted by third parties described in (e) may optionally include the original abstracts. In the event the Department becomes aware of any inaccuracies in the document, the Department shall seek to cooperate with the submitter to correct the inaccuracies or, in the event a mutual agreement can not be reached, shall attach a disclaimer to document identifying the claimed inaccuracies.		:(f) The documents submitted by third parties described in (e) may optionally include the original abstracts. In the event the Department becomes aware of any inaccuracies in the document, the Department shall seek to cooperate with the submitter to correct the inaccuracies or, in the event a mutual agreement can not be reached, shall attach a disclaimer to document identifying the claimed inaccuracies.

	:(g) A listing of up to five questions which may be useful for researchers to understand the risk factors for and effects of abortion, which may be updated on an annual basis, which shall be included on the written evaluation form  described in section 28-327.4(c)</u></~~font~~>		:(g) A listing of up to five questions which may be useful for researchers to understand the risk factors for and effects of abortion, which may be updated on an annual basis, which shall be included on the written evaluation form  described in section 28-327.4(c)</font></u>

	<br>		<br>

Barb: /* Abortion Information Depository */

2010-11-16T15:36:47Z

Abortion Information Depository

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	:<u><font color="RED">(a) The materials described in (1) and (4) of this section in both an HTML format and in a downloadable portable document format (pdf)</font></u>		:<u><font color="RED">(a) The materials described in (1) and (4) of this section in both an HTML format and in a downloadable portable document format (pdf)</font></u>

	:<u><font color="RED">(b) A bibliographic listing of peer reviewed medical studies published between 1973 and 1990, inclusive, which identify risk ~~factor~~ associated with abortion.</font></u>		:<u><font color="RED">(b) A bibliographic listing of peer reviewed medical studies published between 1973 and 1990, inclusive, which identify any risk factors associated with abortion.</font></u>

	:<u><font color="RED">(c) A bibliographic listing of peer reviewed medical studies published after 1973 which identify one or more relative risk rates of abortion.</font></u>		:<u><font color="RED">(c) A bibliographic listing of peer reviewed medical studies published after 1973 which identify one or more relative risk rates of abortion.</font></u>

	:<u><font color="RED">(d) The Department is not required to engage in a proactive search for studies described in (b) or (c). The Department is required to maintain an updated list of studies meeting the required definitions for inclusion which have been submitted for inclusion by third parties. The Abortion Information Depository shall include directions for mailing the required information and shall also provide a means for interested persons to make an electronic submissions. The submissions shall at a minimum include the complete citation and identification of at least one statistically significant risk factor or at least one statistically significant relative risk in order to assist the Department in determining if the minimum standards for inclusion are met. The electronic submission process shall also include an option for submitting a hyperlink to the study or an abstract or for uploading a copy of the published study. Within 30 days of receiving a third party submission, the Department shall notify the third party either that the submitted citation has been added to the appropriate online bibliographic listing or shall be given notice regarding which of the conditions for qualifying studies were not met.</font></u><u><font color="RED"></font></u>		:<u><font color="RED">(d) The Department is not required to engage in a proactive search for studies described in (b) or (c). The Department is required to maintain an updated list of studies meeting the required definitions for inclusion which have been submitted for inclusion by third parties. The Abortion Information Depository shall include directions for mailing the required information and shall also provide a means for interested persons to make an electronic submissions. The submissions shall at a minimum include the complete citation and identification of at least one statistically significant risk factor or at least one statistically significant relative risk in order to assist the Department in determining if the minimum standards for inclusion are met. The electronic submission process shall also include an option for submitting a hyperlink to the study or an abstract or for uploading a copy of the published study. Within 30 days of receiving a third party submission, the Department shall notify the third party either that the submitted citation has been added to the appropriate online bibliographic listing or shall be given notice regarding which of the conditions for qualifying studies were not met.</font></u><u><font color="RED"></font></u>

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

	<u><font color="RED"></font></u>		<u><font color="RED"></font></u>
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	::(3) A printed or electronic copy of a qualifying study was submitted to the Abortion Information Depository.		::(3) A printed or electronic copy of a qualifying study was submitted to the Abortion Information Depository.
	::(4) The relative risk rates compare (a) women having abortions compared to women who give birth, (b) women having abortions compared to women who carry an unwanted or unplanned pregnancy, (c) women having abortions compared to women who place a child for adoption, (d) younger women having abortions compared to older women having abortions, or (e) women have not been pregnant within the past year to women who have given birth or had an abortion within the past year.		::(4) The relative risk rates compare (a) women having abortions compared to women who give birth, (b) women having abortions compared to women who carry an unwanted or unplanned pregnancy, (c) women having abortions compared to women who place a child for adoption, (d) younger women having abortions compared to older women having abortions, or (e) women have not been pregnant within the past year to women who have given birth or had an abortion within the past year.
	:(f) The documents submitted by third parties described in (e) may optionally include the original abstracts. In the event the Department becomes aware of any inaccuracies in the document, the Department shall seek to cooperate with the submitter to correct the inaccuracies or, in the event a mutual agreement can not be reached, shall attach a disclaimer to document identifying the claimed inaccuracies.		:(f) The documents submitted by third parties described in (e) may optionally include the original abstracts. In the event the Department becomes aware of any inaccuracies in the document, the Department shall seek to cooperate with the submitter to correct the inaccuracies or, in the event a mutual agreement can not be reached, shall attach a disclaimer to document identifying the claimed inaccuracies.
	~~</font></u>~~



	<br>		:(g) A listing of up to five questions which may be useful for researchers to understand the risk factors for and effects of abortion, which may be updated on an annual basis, which shall be included on the written evaluation form  described in section 28-327.4(c)</u></font>

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Barb: /* 28-326. Terms Defined. */

2010-11-10T18:19:47Z

28-326. Terms Defined.

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	<div style="background:silver">		<div style="background:silver">
	<strike>(11) Risk factor associated with abortion means any factor, including any physical, psychological, emotional, demographic, or situational factor, for which there is a statistical association with one or more complications associated with abortion such that there is less than a five percent probability (P < .05) that such statistical association is due to chance. Such information on risk factors shall have been published in any peer-reviewed journals indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any journal included in the ~~Thomson Reuters Scientific Master Journal List~~ not less than twelve months prior to the day preabortion screening was provided;</strike>		<strike>(11) Risk factor associated with abortion means any factor, including any physical, psychological, emotional, demographic, or situational factor, for which there is a statistical association with one or more complications associated with abortion such that there is less than a five percent probability (P < .05) that such statistical association is due to chance. Such information on risk factors shall have been published in any peer-reviewed journals indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any journal included in the PsycINFO not less than twelve months prior to the day preabortion screening was provided;</strike>

	<u><FONT COLOR=RED>(11) Risk factor associated with abortion means any factor, including any physical, psychological, emotional, demographic, or situational factor, for which there is a statistical association with one or more complications associated with legally induced abortion and which meets all of the following criteria:		<u><FONT COLOR=RED>(11) Risk factor associated with abortion means any factor, including any physical, psychological, emotional, demographic, or situational factor, for which there is a statistical association with 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;		::(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 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 ~~the Thomson Reuters Scientific Master Journal List~~,		::(2) the study identifying the risk factor and associated complication(s) was published 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,
	::(3) the study was published not less than twelve months prior to the day pre-abortion screening was provided;		::(3) the study was published not less than twelve months prior to the day pre-abortion screening was provided;
	::(4) the study was published in the English language;		::(4) the study was published in the English language;

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

2010-08-31T22:04:15Z

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

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	<strike>(4) Any physician advertising services in this state shall be deemed to be transacting business in this state pursuant to section 25-536 and shall be subject to the provisions of section 28-327;</strike>		<strike>(4) Any physician advertising services in this state shall be deemed to be transacting business in this state pursuant to section 25-536 and shall be subject to the provisions of section 28-327;</strike>

	(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; and		(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 determines 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, or after presentation of facts and expert opinion, the jury determines that the disputed study was (a) published prior to 2000 (a) was not listed in the Abortion Information Depository and (c) was too obscure to be readily identified by persons reasonably familiar with the peer reviewed literature.</FONT></u>

	(6) 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, 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, including reasonable costs and attorney's fees, for wrongful death under this subdivision.		(6) 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, 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, including reasonable costs and attorney's fees, for wrongful death under this subdivision.

Barb: /* 28-325. Abortion; declaration of purpose. */

2010-08-27T22:25:24Z

28-325. Abortion; declaration of purpose.

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	(13) That collection of data regarding the frequency of women being pressured into abortions and the distribution of risk factors, follow up, and complication rates may contribute improved medical care and public health policies.		(13) That collection of data regarding the frequency of women being pressured into abortions and the distribution of risk factors, follow up, and complication rates may contribute improved medical care and public health policies.

	(14) That many women report that their abortion providers paternalistically withheld information about risks and risk factors ~~which they would have wanted~~ to ~~know and would~~ be relevant to their ~~decisions~~.		(14) That many women report that their abortion providers paternalistically withheld information about risks and risk factors. Peer reviewed studies also a high degree of dissatisfaction with abortion counseling and that 95% of women desire information about all risks, and about 1 in 4 women report that risks that may occur rarely, in only 1 in 1,000 to 1 in 10,0000 cases, may be relevant to their decision.

	(15) That it is within the resources of organizations such as Planned Parenthood of America, the National Abortion Federation, the American College of Obstetrics and Gynecology, which train and advise physicians in regard to research findings related to abortion procedures to conduct literature reviews which would produce and maintain up to date checklists of statistically validated risk factors and abortion associated risks. It is also within their means to provide such information in the form of printed or computerized checklists which would make the full disclosures of all risks that may be relevant to a reasonable patient in accord with each patients individual risk profile. Alternatively, insurance companies could maintain and provide computerized screening and disclosure programs which would assure adequate screening and disclosure in order to mitigate liability risks.		(15) That it is within the resources of organizations such as Planned Parenthood of America, the National Abortion Federation, the American College of Obstetrics and Gynecology, which train and advise physicians in regard to research findings related to abortion procedures to conduct literature reviews which would produce and maintain up to date checklists of statistically validated risk factors and abortion associated risks. It is also within their means to provide such information in the form of printed or computerized checklists which would make the full disclosures of all risks that may be relevant to a reasonable patient in accord with each patients individual risk profile. Alternatively, insurance companies could maintain and provide computerized screening and disclosure programs which would assure adequate screening and disclosure in order to mitigate liability risks.

Barb: /* 28-325. Abortion; declaration of purpose. */

2010-08-26T20:13:43Z

28-325. Abortion; declaration of purpose.

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	(14) That many women report that their abortion providers paternalistically withheld information about risks and risk factors which they would have wanted to know and would be relevant to their decisions.		(14) That many women report that their abortion providers paternalistically withheld information about risks and risk factors which they would have wanted to know and would be relevant to their decisions.

	(15) That it is within the resources of organizations such as Planned Parenthood of America, the National Abortion Federation, ~~and/or~~ the American College of Obstetrics and Gynecology, which train and advise physicians in regard to research findings related to abortion procedures to conduct literature reviews which would produce and maintain up to date checklists of statistically validated risk factors and abortion associated risks. It is also within their means to provide such information in the form of printed or computerized checklists which would make the full disclosures of all risks that may be relevant to a reasonable patient in accord with each patients individual risk profile.		(15) That it is within the resources of organizations such as Planned Parenthood of America, the National Abortion Federation, the American College of Obstetrics and Gynecology, which train and advise physicians in regard to research findings related to abortion procedures to conduct literature reviews which would produce and maintain up to date checklists of statistically validated risk factors and abortion associated risks. It is also within their means to provide such information in the form of printed or computerized checklists which would make the full disclosures of all risks that may be relevant to a reasonable patient in accord with each patients individual risk profile. Alternatively, insurance companies could maintain and provide computerized screening and disclosure programs which would assure adequate screening and disclosure in order to mitigate liability risks.

	(16) Improved pre-abortion screening will benefit individual women and public health by reducing (a) unwanted abortions consented to under duress, (b) unsafe abortions among specific subgroups of high risk patients, and (c) unbeneficial abortions which are predictably unlikely to produce the benefits some women seek and which women are more likely to profoundly regret.		(16) Improved pre-abortion screening will benefit individual women and public health by reducing (a) unwanted abortions consented to under duress, (b) unsafe abortions among specific subgroups of high risk patients, and (c) unbeneficial abortions which are predictably unlikely to produce the benefits some women seek and which women are more likely to profoundly regret.

Barb: /* 28-325. Abortion; declaration of purpose. */

2010-08-26T20:04:19Z

28-325. Abortion; declaration of purpose.

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	(17) That the problem of increasing health care costs, as addressed by U.S. Preventive Services Task Force initiative and an increasing emphasis on evidence based medicine, underscores the importance of avoiding medical procedures, including abortion, when the procedure either (a) has been shown to not produce the positive effects sought by the patient or (b) produces negative health effects which are greater than any benefits.		(17) That the problem of increasing health care costs, as addressed by U.S. Preventive Services Task Force initiative and an increasing emphasis on evidence based medicine, underscores the importance of avoiding medical procedures, including abortion, when the procedure either (a) has been shown to not produce the positive effects sought by the patient or (b) produces negative health effects which are greater than any benefits.

			(18) That any increase in the cost of abortion required to comply with a higher standard for pre-abortion screening and counseling is an appropriate and necessary cost to safeguard the health interests of women.

	</font></u>		</font></u>

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	== 28-327. Abortion; voluntary and informed consent required; exception. ==		== 28-327. Abortion; voluntary and informed consent required; exception. ==

	No abortion shall be performed except with the voluntary and informed consent of the woman upon whom the abortion is to be performed. Except in the case of an emergency situation, consent to an abortion is voluntary and informed only if:		No abortion shall be performed except with the voluntary and informed consent of the woman upon whom the abortion is to be performed. Except in the case of an emergency situation, consent to an abortion is voluntary and informed only if:
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	:(c) If the woman requests information about the displayed ultrasound image, her questions shall be answered. If she requests a detailed, simultaneous, medical description of the ultrasound image, one shall be provided that includes the dimensions of the unborn child, the presence of cardiac activity, if present and viewable, and the presence of external members and internal organs, if present and viewable;		:(c) If the woman requests information about the displayed ultrasound image, her questions shall be answered. If she requests a detailed, simultaneous, medical description of the ultrasound image, one shall be provided that includes the dimensions of the unborn child, the presence of cardiac activity, if present and viewable, and the presence of external members and internal organs, if present and viewable;

			===== (Screening Section) =====
	<div style="background:silver">		<div style="background:silver">
	<br> (4) At least one hour prior to the performance of an abortion, a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker licensed under the Uniform Credentialing Act has:		<br> (4) At least one hour prior to the performance of an abortion, a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker licensed under the Uniform Credentialing Act has:
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	:(b) Evaluated the pregnant woman to identify the presence of any risk factors associated with abortion;		:(b) Evaluated the pregnant woman to identify the presence of any risk factors associated with abortion;

	:(c) Informed the pregnant woman and the physician who is to perform the abortion of the results of the evaluation in writing. The written evaluation shall include, at a minimum, <u><~~FONT COLOR~~=RED>the age of the woman, the stated reason or reasons for requesting the abortion, a description of any perceived pressures identified in subsection (a) in a manner that does not reveal any personal identifying information,</~~FONT~~></u> a checklist identifying both the positive and negative results of the evaluation for each risk factor associated with abortion, and both the licensed person's written certification <strike>and the woman's written certification</strike> that the pregnant woman was informed of the risk factors associated with abortion as discussed;		:(c) Informed the pregnant woman and the physician who is to perform the abortion of the results of the evaluation in writing. The written evaluation shall include, at a minimum, <u><font color="RED">the age of the woman, the research questions described in 28-327.01.5(g), the stated reason or reasons for requesting the abortion, a description of any perceived pressures identified in subsection (a) in a manner that does not reveal any personal identifying information,</font></u> a checklist identifying both the positive and negative results of the evaluation for each risk factor associated with abortion, and <strike>both</strike> the licensed person's written certification <strike>and the woman's written certification</strike> that the pregnant woman was informed of the risk factors associated with abortion as discussed;

	:(d) Retained a copy of the written evaluation results in the pregnant woman's permanent record,<u><~~FONT COLOR~~=RED>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.</~~FONT~~></u>		:(d) Retained a copy of the written evaluation results in the pregnant woman's permanent record,<u><font color="RED">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.</font></u>

	<u><~~FONT COLOR~~=RED>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.</~~FONT~~></u>		<u><font color="RED">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 a printed copy of the written evaluation at least one hour prior to the performance of the abortion.</font></u>

	<br> (5) If any risk factors associated with abortion were identified, the pregnant woman was informed of the following in such manner and detail that a reasonable person would consider material to a decision of undergoing an elective medical procedure:		<br> (5) If any risk factors associated with abortion were identified, the pregnant woman was informed of the following in such manner and detail that a reasonable person would consider material to a decision of undergoing an elective medical procedure:
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	:(b) Any quantifiable risk rates whenever such relevant data exists;		:(b) Any quantifiable risk rates whenever such relevant data exists;

	<~~FONT COLOR~~=RED>The requirement of this section may be met by providing the woman with at least one hour to review the information described in this section in the form of either a printed or electronic document. If viewed in the form of an electronic document, the patient shall be notified of the option to receive a printed copy.</font>		<font color="RED">The requirement of this section may be met by providing the woman with at least one hour to review the information described in this section in the form of either a printed or electronic document. If viewed in the form of an electronic document, the patient shall be notified of the option to receive a printed copy.</font>

	<br> (6) The physician performing the abortion has formed a reasonable medical judgment<u><~~FONT COLOR~~=RED>, documented on the written evaluation described in section 4(c),</~~FONT~~></u> <strike>in the permanent record,</strike> that:		<br> (6) The physician performing the abortion has formed a reasonable medical judgment<u><font color="RED">, documented on the written evaluation described in section 4(c),</font></u> <strike>in the permanent record,</strike> that:

	:(a) The preponderance of statistically validated medical studies demonstrates that the physical, psychological, and familial risks associated with abortion for patients with risk factors similar to the patient's risk factors are negligible risks;		:(a) The preponderance of statistically validated medical studies demonstrates that the physical, psychological, and familial risks associated with abortion for patients with risk factors similar to the patient's risk factors are negligible risks;
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	<br> (8) Prior to the performance of the abortion, the physician who is to perform the abortion or his or her agent receives a copy of the written certification prescribed by subdivision (7) of this section. The physician or his or her agent shall retain a copy of the signed certification form in the woman's medical record.		<br> (8) Prior to the performance of the abortion, the physician who is to perform the abortion or his or her agent receives a copy of the written certification prescribed by subdivision (7) of this section. The physician or his or her agent shall retain a copy of the signed certification form in the woman's medical record.
	</div>		</div>
	<br>		<br>