The "Pain-Capable Unborn Child Protection Act" seeks to prohibit abortions after 20 weeks of 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 a reasonably prudent physician. The exceptions to the 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.
Additionally, the bill outlines strict procedural requirements for physicians performing abortions under these exceptions, including the need for informed consent from the woman seeking the abortion and documentation of the circumstances surrounding the abortion. It mandates that if a pain-capable unborn child survives the procedure, medical professionals must provide care in accordance with the federal Born-Alive Infants Protection Act. Violations of the bill's provisions would result in criminal penalties for the physician, while the woman undergoing the procedure would be immune from civil or criminal liability. The legislation emphasizes the state's interest in protecting unborn children from the point at which they are believed to be capable of feeling pain.