The "Pain-Capable Unborn Child Protection Act" seeks to prohibit abortions after 20 weeks post-fertilization, with specific exceptions. Under this bill, it is unlawful for anyone to perform or attempt an abortion unless they are a licensed physician who has determined the probable post-fertilization age of the unborn child. This determination must involve inquiries and medical examinations deemed necessary by the physician. The exceptions to this prohibition include situations where the abortion is necessary to save the life of the pregnant woman due to a physical condition, or if the pregnancy resulted from reported rape or incest, particularly involving minors. In such cases, the physician must ensure that the method used provides the best chance for the unborn child's survival unless it poses a greater risk to the woman's health.
Additionally, the bill outlines strict procedural requirements for physicians, including the need for informed consent from the woman seeking the abortion, documentation of any reported rape or incest, and adherence to the federal Born Alive Infant Protection Act if the unborn child survives the procedure. Violations of the bill's provisions would result in criminal charges, while women upon whom abortions are performed would be immune from liability. The legislation emphasizes the state's interest in protecting unborn children, asserting that substantial medical evidence indicates they can experience pain by 20 weeks post-fertilization.