2014 -- S 2808

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LC005199

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY -- SPOUSAL NOTICE FOR ABORTION

     Introduced By: Senators Miller, Goldin, Cool Rumsey, Nesselbush, and Satchell

     Date Introduced: March 25, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-4.8 of the General Laws entitled "Spousal Notice for Abortion"

is hereby repealed in its entirety:

     23-4.8-1. Declaration of purpose. -- The purpose of this chapter is to promote the state's

interest in furthering the integrity of the institutions of marriage and the family.

     23-4.8-2. Spousal notice requirements. -- If a married woman consents to an abortion,

as such consent is required by chapter 4.7 of this title, the physician who is to perform the

abortion or his or her authorized agent shall, if reasonably possible, notify the husband of that

woman of the proposed abortion before it is performed.

     23-4.8-3. Exceptions. -- The requirements of section 23-4.8-2 shall not apply if:

     (1) The woman having the abortion furnishes to the physician who is to perform the

abortion or the physician's authorized agent prior to the abortion being performed a written

statement that she has given notice to her husband of the proposed abortion; or a written

statement that the fetus was not fathered by her husband; or

     (2) The woman or her husband are living separate and apart; or either spouse has filed a

petition or complaint for divorce in a court of competent jurisdiction; or

     (3) The physician who is to perform the abortion or his or her authorized agent receives

the written affirmation of the husband that he has been notified of the proposed abortion; or

     (4) There is an emergency requiring immediate action. In the case of an emergency, the

woman's attending physician shall certify in writing on the patient's medical record that an

emergency exists and the medical basis for his or her opinion.

     23-4.8-4. Penalties. -- In the event a physician performs an abortion, as defined by

chapter 4.7 of this title, upon a woman who he or she knows is married and the physician

knowingly and intentionally violates the requirements of this chapter, he or she shall be guilty of

"unprofessional conduct" for the purposes of section 5-37-5.1.

     23-4.8-5. Severability. -- If any section or provision of this chapter or the application

thereof is held invalid, that invalidity shall not affect other sections, provisions or applications,

and to this end the sections and provisions of this chapter are hereby declared severable.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- SPOUSAL NOTICE FOR ABORTION

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     This act would repeal the requirement that physicians performing abortions notify the

husband of the patient before the abortion is performed.

This act would take effect upon passage.

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LC005199

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