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 the physician. 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 the best opportunity 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 performing abortions, including documentation of the circumstances surrounding the abortion, informed consent from the woman, 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 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.