2017 -- S 0660

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LC002187

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY -- SPOUSAL NOTICE FOR ABORTION

     

     Introduced By: Senators Seveney, Calkin, and Miller

     Date Introduced: March 29, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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is hereby repealed in its entirety.

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CHAPTER 23-4.8

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Spousal Notice for Abortion

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     23-4.8-1. Declaration of purpose.

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     The purpose of this chapter is to promote the state's interest in furthering the integrity of

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the institutions of marriage and the family.

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     23-4.8-2. Spousal notice requirements.

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     If a married woman consents to an abortion, as that consent is required by chapter 4.7 of

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this title, the physician who is to perform the abortion or his or her authorized agent shall, if

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reasonably possible, notify the husband of that woman of the proposed abortion before it is

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performed.

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     23-4.8-3. Exceptions.

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     The requirements of § 23-4.8-2 shall not apply if:

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

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

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

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that the fetus was not fathered by her husband;

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

 

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

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

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

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

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

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

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     23-4.8-4. Penalties.

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     In the event a physician performs an abortion, as defined by chapter 4.7 of this title, upon

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a woman who he or she knows is married and the physician knowingly and intentionally violates

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the requirements of this chapter, he or she shall be guilty of "unprofessional conduct" for the

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purposes of § 5-37-5.1.

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     23-4.8-5. Severability.

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     If any section or provision of this chapter or the application of any section or provision is

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held invalid, that invalidity shall not affect other sections, provisions or applications, and to this

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

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     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

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husband of a patient before an abortion may be performed.

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     This act would take effect upon passage.

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