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. The physician must conduct inquiries and necessary medical examinations to make this determination. 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. In such cases, the physician must ensure that the abortion is performed in a manner that 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 documentation signed by the woman, the physician, and a witness. It mandates that if an abortion is performed under the exceptions and the child is born alive, the physician must provide care in accordance with the federal Born-Alive Infants Protection Act. Violations of the bill's provisions would result in criminal charges, while women undergoing abortions would be immune from civil or criminal liability. The legislation emphasizes the state's interest in protecting unborn children, asserting that substantial medical evidence suggests they can experience pain by 20 weeks post-fertilization.