This bill prohibits a person from intentionally performing or inducing an abortion on a pregnant woman if the physician determines, in the physician's good faith medical judgment, that the unborn human individual the pregnant woman is carrying has a detectable heartbeat, or there is an otherwise viable pregnancy, determined according to standard medical practice, including, but not limited to, serial human chorionic gonadotropin (HCG) or other determinations, described below. A violation of this prohibition will be a Class C felony, and the applicable licensing board will revoke the license of any violator, without regard to whether the person has been charged with or has been convicted of having violated the prohibition in a criminal prosecution.
It is an affirmative defense to prosecution under this bill, which must be proven by a preponderance of the evidence, that:
(1) The abortion was performed or attempted by a licensed physician;
(2) The physician determined, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. An abortion will not be deemed authorized by this item (2) if performed on the basis of a claim or a diagnosis that the woman will engage in conduct that would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health; and
(3) The physician performs or attempts to perform the abortion in the manner which, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless in the physician's good faith medical judgment, termination of the pregnancy in that manner would pose a greater risk to the pregnant woman of death or substantial and irreversible impairment of a major bodily function. No such greater risk is deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health.
Under this bill, except in a medical emergency that prevents compliance:
(1) A physician is prohibited from performing or inducing, or attempting to perform or induce, an abortion upon a pregnant woman, unless, prior to the performance or inducement of the abortion, or the attempt to perform or induce the abortion, the physician determines, in the physician's good faith medical judgment, that the pregnancy is not viable. The physician must use a test that is consistent with standard medical practice to make the determination of viability; and
(2) A physician making a determination of viability must record in the pregnant woman's medical record the estimated gestational age of the unborn child, the test used to determine viability, the date and time of the test, and the results of the test.
A violation of either (1) or (2) above relating to the determination of viability is a Class A misdemeanor. The applicable licensing board must suspend, for a period of not less than six months, the license of any person licensed to practice a healthcare profession in this state who violates the determination of viability provisions, without regard to whether the person has been charged with or has been convicted of having violated the provisions in a criminal prosecution.
Under this bill, a pregnancy will be presumed to exist and to be viable upon finding the presence of HCG using a test that is consistent with standard medical practice. A pregnancy will be confirmed to be viable upon detection of a heartbeat in an unborn child using a test that is consistent with standard medical practice. This bill states that once a pregnancy has been confirmed to be viable, the pregnancy is not viable only if a test that is consistent with standard medical practice indicates:
(A) Decreasing levels of HCG; and
(B) The absence of a heartbeat in an unborn child.
It will not be a violation of this bill for a licensed physician to provide to a pregnant woman medical treatment that is intended to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman where the death or injury of the unborn child is not intended, including, but not limited to, treatment for ectopic pregnancy, or treatment that results in the accidental death of or unintentional injury to or death of the unborn child.
A pregnant woman on whom an abortion is performed or induced in violation of this bill will not be guilty of violating this bill; will not be guilty of attempting to commit, conspiring to commit, or complicity in committing a violation of this bill; and will not be subject to a civil penalty based on the abortion being performed or induced in violation of this bill.
NOTE: This bill states that it does not repeal or limit present laws on consent and information related to abortion, the Child Rape and Protection Act, or the applicability of the prohibition on abortion that takes effect if the Supreme Court overrules Roe v. Wade or a constitutional amendment is added to the United States Constitution restoring to the states their right to prohibit abortion.