The bill amends R.S. 9:2800.12 to establish a cause of action for the mother of an unborn child against any person or entity that knowingly performs or substantially facilitates an abortion with the intent to achieve that result. It introduces the term "unlawful" to describe the termination of a pregnancy and extends the period for bringing an action from three to five years from the date of discovery of damage, with a ten-year peremptive period from the date of the abortion. The bill also provides definitions for terms such as "abortion," "abortion-inducing drug," and "substantially facilitates," while clarifying that certain medical malpractice laws do not apply to actions under this section.

Additionally, the bill outlines the types of damages that can be recovered, including statutory damages of at least $100,000 for the provision of abortion-inducing drugs, special and general damages for injuries, and exemplary damages in cases of reckless disregard for the law. It specifies that actions cannot be brought against the woman upon whom the abortion was performed, healthcare providers, or licensed pharmacists acting within their regulatory scope. The bill allows individuals to proceed using pseudonyms to protect the privacy of the woman involved and is titled the "Justice for Victims of Abortion Drug Dealers Act."

Statutes affected:
HB575 Original:
HB575 Engrossed:
HB575 Reengrossed:
HB575 Enrolled:
HB575 Act :