This bill, known as the Fetal Life Protection Act, imposes conditions for abortions performed after viability or at 15 weeks gestation. It requires that such abortions be performed in a hospital with a premature birth intensive care unit, unless it would increase the risk to the life or health of the mother. It also mandates that a second physician be present during the abortion to provide immediate care for a child born alive as a result of the abortion and to take all reasonable steps to preserve the life and health of the viable unborn child. Failure to comply with these requirements may result in criminal prosecution. The bill also states that any fetus born alive shall be treated as a person under the law and issued a birth certificate, and failure to take reasonable steps to preserve the life and health of the live born person may subject responsible persons to state laws governing homicide, manslaughter, and civil liability for wrongful death and medical malpractice. If the mother and her husband have stated in writing that they do not wish to keep the child in the event of a live birth, the child becomes a ward of the Department of Health and Human Services.
The Department of Health and Human Services (DHHS) states that this bill expands their responsibilities by potentially increasing reports of child abuse and neglect, leading to more investigations and management cases. The exact fiscal impact is indeterminable at this time. The Office of Professional Licensure and Certification (OPLC) also notes that this bill may increase the volume of cases requiring investigation and enforcement, but the exact impact is unknown. This bill may also have an impact on the judicial and correctional systems, affecting prosecution, incarceration, probation, and parole costs.