2012 -- H 7205

=======

LC00714

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO HEALTH AND SAFETY -- INFORMED CONSENT FOR ABORTION

     

     

     Introduced By: Representatives MacBeth, McLaughlin, Corvese, Reilly, and Schadone

     Date Introduced: January 19, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 23-4.7-3 and 23-4.7-7 of the General Laws in Chapter 23-4.7

1-2

entitled "Informed Consent for Abortion" are hereby amended to read as follows:

1-3

     23-4.7-3. Required disclosures. -- (a) Either the physician who is to perform the

1-4

abortion or his or her authorized agent or another physician or his or her authorized agent shall:

1-5

      (1) Inform the woman that she is pregnant and inform her of the estimated gestational

1-6

age of the fetus at the time of the disclosure.

1-7

      (2) Explain to the woman the medical nature of an abortion, including the probable

1-8

gestational age of the fetus at the time the abortion is to be performed.

1-9

      (3) Explain to the woman the medical or surgical procedure to be employed to perform

1-10

the abortion.

1-11

      (4) Explain to the woman all known material medical risks associated with the particular

1-12

abortion procedure to be employed. In the event a physician or his or her authorized agent

1-13

determines that the disclosure of a known material risk should not be made, that risk need not be

1-14

disclosed, provided the medical basis for the nondisclosure is certified in writing in the patient's

1-15

medical record.

1-16

      (b) In addition, a physician or his or her authorized agent may inform the woman of any

1-17

other material facts or opinions or otherwise state anything with respect to the disclosures

1-18

required in this section which, in the exercise of his or her best medical judgment, is reasonably

1-19

necessary to enable the woman to give her informed consent to the proposed abortion, with full

1-20

knowledge of its nature and consequences.

2-1

     (c) In addition, prior to a woman giving informed consent to having any part of an

2-2

abortion performed, the physician who is to perform the abortion, or certified technician working

2-3

in conjunction with the physician, shall:

2-4

     (1) Perform an obstetric ultrasound on the pregnant woman;

2-5

     (2) Provide an explanation of the results of the ultrasound;

2-6

     (3) Display the ultrasound images so that the pregnant woman may view them; and

2-7

     (4) Provide a medical description of the ultrasound images, which shall include the

2-8

dimensions of the embryo or fetus and the presence of external members and internal organs, if

2-9

present and viewable.

2-10

     (d) No requirement to view ultrasound images.- Nothing in this section shall be construed

2-11

to require a woman to view the ultrasound images. Neither the physician nor the woman shall be

2-12

subject to any penalty if she refuses to look at the presented ultrasound images.

2-13

     23-4.7-7. Liability of physician. -- Any physician who knowingly violates the

2-14

requirements of this chapter shall be deemed to have engaged in "unprofessional conduct" for the

2-15

purposes of section 5-37-5.1. The willful failure to provide the woman with the substance of the

2-16

information pursuant to the requirements of section 23-4.7-3 shall be prima facie evidence of

2-17

failure to obtain informed consent in an action at law or in equity, and shall be sanctioned as

2-18

follows:

2-19

     Upon a finding by a court that a physician in an action commenced under this chapter has

2-20

knowingly violated a provision of this chapter, the court shall notify the Rhode Island Board of

2-21

Medical Review.

2-22

     A civil penalty not to exceed one hundred thousand dollars ($100,000) for the first

2-23

offense shall be imposed, the penalty for a second and/or subsequent offense shall not exceed the

2-24

sum of two hundred fifty thousand dollars ($250,000).

2-25

     SECTION 2. This act shall take effect upon passage.

     

=======

LC00714

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- INFORMED CONSENT FOR ABORTION

***

3-1

     This act would require that an ultrasound fetal image be made of every fetus about to be

3-2

aborted for review by the woman seeking the abortion.

3-3

     This act would take effect upon passage.

     

=======

LC00714

=======

H7205