2016 -- H 7612

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LC004126

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HEALTH AND SAFETY -- SPOUSAL NOTICE FOR ABORTION

     Introduced By: Representatives Handy, Blazejewski, Abney, Morin, and Craven

     Date Introduced: February 12, 2016

     Referred To: House 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is hereby repealed in its entirety.

CHAPTER 23-4.8

Spousal Notice for Abortion

     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 that 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 § 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;

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

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

      (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 § 5-37-5.1.

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

any section or provision 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 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 a patient before an abortion may be performed.

     This act would take effect upon passage.

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