LGC 14.5 - Women’s Right to Know Act (Failed)

[GM Team Member and Senator WB]

Mr. MILLHOUSE, with thanks to Ms. HARTZLER of Missouri, introduces

A BILL

To ensure that women seeking an abortion are notified, before giving informed consent to receive an abortion, of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child.

I. SHORT TITLE

This Act may be cited as the “Woman’s Right To Know Act”.


II. DEFINITIONS

1. The term “abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device meant –

   a. to intentionally kill the unborn child of a woman known to be pregnant; or

   b. to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than –

         i. after viability to produce a live birth and preserve the life and health of the child born alive; or

         ii. to remove a dead unborn child.


2. The term “abortion provider” means a person –

   a. licensed to practice medicine and surgery or osteopathic medicine and surgery; or

   b. otherwise legally authorized to perform an abortion.


3. The term “attempt”, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

4. The term “minor” means an individual who has not attained the age of eighteen (18) years.

5. The term “perform”, with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion.

6. The term “reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

7. The term “unborn child” means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.

8. The term “woman” means a female human being, whether or not she has reached the age of majority.



III. REQUIREMENT OF INFORMED CONSENT

1. Any abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section.

2. Any abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this section.

3. The Informed Consent Authorization form required under this section shall –

   a. be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and

    b. consist of –

         i. a statement by the abortion provider indicating –

           a. the probable gestational age, in completed days, of the child;

           b. all medical risks associated with the specific abortion procedure; and

           c. the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, appendages, and facial features;

         ii. a statement that the requirements of this section are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and

         iii. an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form.


4. The Informed Consent Authorization form required under this section shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness.

5. The abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file.

6. The requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph 2 would pose a greater risk of –

   a. the death of the pregnant woman; or

   b. the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.



IV. PENALTY FOR FAILURE TO COMPLY

  A. CIVIL PENALTY

   1. The Attorney General of Lincoln shall commence a civil action in an appropriate court under this subsection against any abortion provider who knowingly commits a violation of Section III.

   2. In a civil action under clause 1 of this subsection, the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount –  

      a. not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or

      b. not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection.


   3. Upon the assessment of a civil penalty under clause 1 of this subsection, the Attorney General shall notify the appropriate State medical licensing authority.

   4. A pregnant woman shall not be subject to any penalty under this section.


  B. PRIVATE RIGHT OF ACTION

   1. A woman or a parent of a minor upon whom an abortion has been performed in violation of subsections 2 to 5 of Section III may commence a civil action against the abortion provider for appropriate relief.

   2. Appropriate relief in a civil action includes –

      a. objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;

      b. statutory damages equal to three (3) times the cost of the abortion; and

      c. punitive damages.


   3. The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph.

   4. If a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff.

   5. In any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under clause 4 of this subsection, may be assessed against the woman upon whom the abortion was performed or attempted.

   6. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act.

   7. Nothing in this Act shall be construed to prohibit an abortion provider from presenting the information required under subsections 2 to 5 of Section III to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least twenty-four (24) hours before the abortion.



V. EFFECTIVE DATE

This Act shall go into effect upon its signature by the governor.  

Sponsor: Fairbol
Occupying slot #3

Sponsor please advocate for your bill

[FairBol]

Thank you Mr. Speaker.

As written, my bill would (with certain exceptions) require doctors and abortion providers to inform those seeking to have an abortion of the medical risks associated with such a procedure.  Those failing to comply with this requirement would face monetary civil penalties, unless the exception stipulated in Section III subsection 6 of this bill were to apply. 

It has been suggested that this Act is a "backdoor attempt at banning abortions".  It is not. 

The bill simply provides that, in the event that an abortion is sought, the prospective patient is told about what could go wrong.


Let me say that again for the record. 

In any case where an abortion is sought, this legislation stipulates that the medical risks be fully explained to the woman seeking to have an abortion.

Nobody is denying anyone the so-called "right" to abortion. 


That being the case, I can't think of any reason why this bill should be opposed.  Patients have the right to know about what could happen as a result of undergoing any procedure. 

And "knowledge is power", after all. 


I yield for debate. 

[GM Team Member and Senator WB]

Mr. MILLHOUSE, with thanks to Ms. HARTZLER of Missouri, introduces

A BILL

To ensure that women seeking an abortion are notified, before giving informed consent to receive an abortion, of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child.

I. SHORT TITLE

This Act may be cited as the “Woman’s Right To Know Act”.


II. DEFINITIONS

1. The term “abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device meant –
    a. to intentionally kill the unborn child of a woman known to be pregnant; or

  b. a. to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than –

         i. after viability to produce a live birth and preserve the life and health of the child born alive; or

         ii. to remove a dead unborn child.


2. The term “abortion provider” means a person –

   a. licensed to practice medicine and surgery or osteopathic medicine and surgery; or

   b. otherwise legally authorized to perform an abortion.


3. The term “attempt”, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

4. The term “minor” means an individual who has not attained the age of eighteen (18) years.

5. The term “perform”, with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion.

6. The term “reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

7. The term “unborn child” means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.

8. The term “woman” means a female human being, whether or not she has reached the age of majority.


III. REQUIREMENT OF INFORMED CONSENT

1. Any abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section.

2. Any abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this section.

3. The Informed Consent Authorization form required under this section shall –

   a. be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and

    b. consist of –

         i. a statement by the abortion provider indicating –

           a. the probable gestational age, in completed days, of the child;

           b. all medical risks associated with the specific abortion procedure; and

          c. the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, appendages, and facial features;

         ii. a statement that the requirements of this section are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and

         iii. an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form.


4. The Informed Consent Authorization form required under this section shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness.

5. The abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file.

6. The requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph 2 would pose a greater risk of –

   a. the death of the pregnant woman; or

   b. the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.



IV. PENALTY FOR FAILURE TO COMPLY

  A. CIVIL PENALTY

   1. The Attorney General of Lincoln shall commence a civil action in an appropriate court under this subsection against any abortion provider who knowingly commits a violation of Section III.

   2. In a civil action under clause 1 of this subsection, the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount –  

      a. not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or

      b. not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection.


   3. Upon the assessment of a civil penalty under clause 1 of this subsection, the Attorney General shall notify the appropriate State medical licensing authority.

   4. A pregnant woman shall not be subject to any penalty under this section.


  B. PRIVATE RIGHT OF ACTION

   1. A woman or a parent of a minor upon whom an abortion has been performed in violation of subsections 2 to 5 of Section III may commence a civil action against the abortion provider for appropriate relief.

   2. Appropriate relief in a civil action includes –

      a. objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;

      b. statutory damages equal to three (3) times the cost of the abortion; and

      c. punitive damages.


   3. The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph.

   4. If a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff.

   5. In any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under clause 4 of this subsection, may be assessed against the woman upon whom the abortion was performed or attempted.

   6. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act.

   7. Nothing in this Act shall be construed to prohibit an abortion provider from presenting the information required under subsections 2 to 5 of Section III to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least twenty-four (24) hours before the abortion.



V. EFFECTIVE DATE

This Act shall go into effect upon its signature by the governor.  

[FairBol]

I'll accept the proposed amendment as friendly. 

[GM Team Member and Senator WB]

amendment is adopted

[GM Team Member and Senator WB]

Mr. MILLHOUSE, with thanks to Ms. HARTZLER of Missouri, introduces

A BILL

To ensure that women seeking an abortion are notified, before giving informed consent to receive an abortion, of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child.

I. SHORT TITLE

This Act may be cited as the “Woman’s Right To Know Act”.


II. DEFINITIONS

1. The term “abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device meant –

   a. to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than –

         i. after viability to produce a live birth and preserve the life and health of the child born alive; or

         ii. to remove a dead unborn child.


2. The term “abortion provider” means a person –

   a. licensed to practice medicine and surgery or osteopathic medicine and surgery; or

   b. otherwise legally authorized to perform an abortion.


3. The term “attempt”, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

4. The term “minor” means an individual who has not attained the age of eighteen (18) years.

5. The term “perform”, with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion.

6. The term “reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

7. The term “unborn child” means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.

8. The term “woman” means a female human being, whether or not she has reached the age of majority.


III. REQUIREMENT OF INFORMED CONSENT

1. Any abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section.

2. Any abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this section.

3. The Informed Consent Authorization form required under this section shall –

   a. be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and

    b. consist of –

         i. a statement by the abortion provider indicating –

           a. the probable gestational age, in completed days, of the child;

           b. all medical risks associated with the specific abortion procedure; and

           c. the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, appendages, and facial features;

         ii. a statement that the requirements of this section are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and

         iii. an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form.


4. The Informed Consent Authorization form required under this section shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness.

5. The abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file.

6. The requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph 2 would pose a greater risk of –

   a. the death of the pregnant woman; or

   b. the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.



IV. PENALTY FOR FAILURE TO COMPLY

  A. CIVIL PENALTY

   1. The Attorney General of Lincoln shall commence a civil action in an appropriate court under this subsection against any abortion provider who knowingly commits a violation of Section III.

   2. In a civil action under clause 1 of this subsection, the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount –  

      a. not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or

      b. not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection.


   3. Upon the assessment of a civil penalty under clause 1 of this subsection, the Attorney General shall notify the appropriate State medical licensing authority.

   4. A pregnant woman shall not be subject to any penalty under this section.


  B. PRIVATE RIGHT OF ACTION

   1. A woman or a parent of a minor upon whom an abortion has been performed in violation of subsections 2 to 5 of Section III may commence a civil action against the abortion provider for appropriate relief.

   2. Appropriate relief in a civil action includes –

      a. objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;

      b. statutory damages equal to three (3) times the cost of the abortion; and

      c. punitive damages.


   3. The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph.

   4. If a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff.

   5. In any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under clause 4 of this subsection, may be assessed against the woman upon whom the abortion was performed or attempted.

   6. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act.

   7. Nothing in this Act shall be construed to prohibit an abortion provider from presenting the information required under subsections 2 to 5 of Section III to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least twenty-four (24) hours before the abortion.



V. EFFECTIVE DATE

This Act shall go into effect upon its signature by the governor.  

Amendment. I believe this should alleviate concerns by those such as NYE.

[FairBol]

I'm uncertain as to whether to accept this or not.  Curious to hear the justification for the proposed amendment. 

[NewYorkExpress]

Proposed "heartbeat" bills were the main tactics used for reducing or outright attempting to ban abortion for many years by the IRL Republican Party after the ruling in Roe v. Wade. Make no mistake, this bill as originally written is a shoddy backdoor attempt to ban abortions in Lincoln, and if it passes, I will go to court over it.

[GM Team Member and Senator WB]

Hence why I’m trying to narrow this to only discuss the mother’s health

[Esteemed Jimmy]

Proposed "heartbeat" bills were the main tactics used for reducing or outright attempting to ban abortion for many years by the IRL Republican Party after the ruling in Roe v. Wade. Make no mistake, this bill as originally written is a shoddy backdoor attempt to ban abortions in Lincoln, and if it passes, I will go to court over it.

Main reason I'll be voting nay on this bill.

[GM Team Member and Senator WB]

amendment adopted.

[nerd73]

Most women who get abortions do not get them for the 'fun' of it. They are well aware of the risks and are often heartbroken at the thought that they have to give up what could have been  their very own child.
But when they do, they often have to, either to spare that future baby of unbelievable hardship (whether that be economic or genetic) or because the consequences of continuing with the pregnancy could be quite severe for either the woman or the baby itself, and quite often both.

This bill's intent, especially given the political views of the author, appears to be nothing more than a vain attempt to covertly reduce abortion access. Even in amended form, I can't currently support it.

[GM Team Member and Senator WB]

I also am skeptical for the reasons Nerd described. Someone very, very close to me had to get an abortion (after their contraceptives didn't work) and they describe it as one of the hardest decisions of their life, one that made them distraught for months. It is not taken lightly.

[GM Team Member and Senator WB]

motioning for a final vote. 24 hours to object.

[FairBol]

Objecting to a vote at this time.  There appear to be some issues that need clearing up via debate. 

[FairBol]

Mr. Speaker,

If I may, I'd like to address some of the issues and misconceptions involving this proposed legislation.  


First of all, let me discuss the amendments that have already been made to this bill.  

In Section II, we have struck language defining abortion as the intentional killing of a child in the womb (accepted as friendly amendment).  

Also, in Section III of the bill, we have removed Part C of sub-section 3B.  This portion of the bill would have required that the Informed Consent Authorization Form (see Section III, sub-section 2) describe "the major developmental characteristics of unborn children".


Speaking frankly, I had hoped that these changes would satisfy those concerned with the purpose of this bill.  Unfortunately, that does not seem to be the case.  

My esteemed colleague from New York has commented as follows:

Proposed "heartbeat" bills were the main tactics used for reducing or outright attempting to ban abortion for many years by the IRL Republican Party after the ruling in Roe v. Wade. Make no mistake, this bill as originally written is a shoddy backdoor attempt to ban abortions in Lincoln, and if it passes, I will go to court over it.

Funny, but I was under the impression that a "heartbeat bill" prohibits abortion in such cases where a fetal heartbeat is detectable.  Have I assumed incorrectly?

Also, I must ask; where exactly is specific language outlawing any abortions? Did I miss that language, somehow?

The stated purpose, indeed the only purpose of this legislation, is to fully inform a woman seeking an abortion of possible side effects and risks associated with having such a procedure. Nothing more, nothing less.  

The simple fact of the matter is that the gentleman is spreading disinformation and misconceptions about my proposed bill.  In his zeal for the pro-choice movement, he attacks the bill as "a backdoor attempt to ban abortions".  Nothing could be further from the case.  


As to the comments of my colleague from (insert Lincoln state here):

Most women who get abortions do not get them for the 'fun' of it.

And:

Someone very, very close to me had to get an abortion (after their contraceptives didn't work) and they describe it as one of the hardest decisions of their life, one that made them distraught for months. It is not taken lightly.

Let's be clear about one thing; nobody, least of all me, is saying that getting an abortion is "fun".  I am keenly aware of the issues surrounding whether to terminate a pregnancy or not, and I sympathize with my colleague from (Alabama? "insert Lincoln state here") concerning the plight of his loved one.  These matters should, I believe, be discussed amongst family members and medical personnel.  

What I'm trying to do here is give women vital information as to abortion procedures.  By having this information, they will be more empowered to make the decision that they feel is right for them.  


I yield the balance of my time.  

[GM Team Member and Senator WB]

Vote is open on cloture.

[GM Team Member and Senator WB]

Aye on cloture

[FairBol]

Nay on cloture. 

Also, a brief point of order.  I did object to a final vote within the 24 hours allotted for such an objection.  Finding no motion for cloture subsequently made, I ask that the objection be recognized. 

[GM Team Member and Senator WB]

Nay on cloture. 

Also, a brief point of order.  I did object to a final vote within the 24 hours allotted for such an objection.  Finding no motion for cloture subsequently made, I ask that the objection be recognized. 

by the SOAP:

If a General Court Deputy objects to the motion within 24 hours, a vote shall be held on whether or not to proceed to a final vote, with a two thirds simple majority required for the objection to be overruled if the legislation has been on the floor for less than 240 hours; and a simple majority required if the legislation has been on the floor for more than 240 hours.

[Esteemed Jimmy]

Aye

[nerd73]

Aye, if only because of SOAP cloture rules.

[GM Team Member and Senator WB]

Cloture passes with an over 2/3 vote of deputies voting. 3-1-0-1.


We move to a final vote. 48 hours.

[GM Team Member and Senator WB]

For reference, the current bill:

Mr. MILLHOUSE, with thanks to Ms. HARTZLER of Missouri, introduces

A BILL

To ensure that women seeking an abortion are notified, before giving informed consent to receive an abortion, of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child.

I. SHORT TITLE

This Act may be cited as the “Woman’s Right To Know Act”.


II. DEFINITIONS

1. The term “abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device meant –

   a. to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than –

         i. after viability to produce a live birth and preserve the life and health of the child born alive; or

         ii. to remove a dead unborn child.


2. The term “abortion provider” means a person –

   a. licensed to practice medicine and surgery or osteopathic medicine and surgery; or

   b. otherwise legally authorized to perform an abortion.


3. The term “attempt”, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

4. The term “minor” means an individual who has not attained the age of eighteen (18) years.

5. The term “perform”, with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion.

6. The term “reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

7. The term “unborn child” means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.

8. The term “woman” means a female human being, whether or not she has reached the age of majority.


III. REQUIREMENT OF INFORMED CONSENT

1. Any abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section.

2. Any abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this section.

3. The Informed Consent Authorization form required under this section shall –

   a. be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and

    b. consist of –

         i. a statement by the abortion provider indicating –

           a. the probable gestational age, in completed days, of the child;

           b. all medical risks associated with the specific abortion procedure; and


         ii. a statement that the requirements of this section are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and

         iii. an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form.


4. The Informed Consent Authorization form required under this section shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness.

5. The abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file.

6. The requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph 2 would pose a greater risk of –

   a. the death of the pregnant woman; or

   b. the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.



IV. PENALTY FOR FAILURE TO COMPLY

  A. CIVIL PENALTY

   1. The Attorney General of Lincoln shall commence a civil action in an appropriate court under this subsection against any abortion provider who knowingly commits a violation of Section III.

   2. In a civil action under clause 1 of this subsection, the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount –  

      a. not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or

      b. not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection.


   3. Upon the assessment of a civil penalty under clause 1 of this subsection, the Attorney General shall notify the appropriate State medical licensing authority.

   4. A pregnant woman shall not be subject to any penalty under this section.


  B. PRIVATE RIGHT OF ACTION

   1. A woman or a parent of a minor upon whom an abortion has been performed in violation of subsections 2 to 5 of Section III may commence a civil action against the abortion provider for appropriate relief.

   2. Appropriate relief in a civil action includes –

      a. objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;

      b. statutory damages equal to three (3) times the cost of the abortion; and

      c. punitive damages.


   3. The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph.

   4. If a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff.

   5. In any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under clause 4 of this subsection, may be assessed against the woman upon whom the abortion was performed or attempted.

   6. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act.

   7. Nothing in this Act shall be construed to prohibit an abortion provider from presenting the information required under subsections 2 to 5 of Section III to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least twenty-four (24) hours before the abortion.



V. EFFECTIVE DATE

This Act shall go into effect upon its signature by the governor.  

[FairBol]

Aye.