It is enacted by the General Assembly as follows

SECTION 1. Chapter 27-18 of the general laws entitled "Accident & Sickness Insurance Policies" is hereby amended by adding thereto the following sections:

{ADD 27-18-41. Mammograms and pap smears - Coverage mandated. -- ADD} {ADD Every individual or group hospital or medical expense insurance policy or individual or group hospital or medical services plan contract delivered, issued for delivery, or renewed in this state on or after January 1, 1996, shall provide coverage for mammograms and pap smears, in accordance with guidelines established by the American cancer society. ADD}

{ADD Provided, however, this section shall not apply to insurance coverage providing benefits for: (i) hospital confinement indemnity; (ii) disability income; (iii) accident only; (iv) long term care; (v) Medicare supplement; (vi) limited benefit health; (vii) specified disease indemnity; (viii) sickness or bodily injury or death by accident or both, and (ix) other limited benefit policies. ADD}

{ADD 27-18-42. Mammograms - Quality assurance standards. -- ADD} {ADD A mammogram eligible for reimbursement under section 27-18-38 shall be reimbursed only if the facility in which the mammogram has been taken and processed, and the licensed physician interpreting the mammogram, both meet state approved quality assurance standards for taking, processing, and interpreting mammograms. The director of health shall have the authority to promulgate rules and regulations necessary to carry out the provisions of this section. ADD}

{ADD 27-18-43. Pap smears - Quality assurance standards. -- ADD} {ADD A pap smear eligible for reimbursement under section 27-18-38 shall be reimbursed only if the laboratory in which the pap smear is processed is licensed by the Rhode Island department of health specifically to perform cervical cytology, or is accredited by the American society of cytology, or is accredited by the college of American pathologists, or is a hospital accredited by the joint commission on accreditation health care organizations or the American osteopathic association at the time the pap smear is processed. ADD}

SECTION 2. Title 23 of the General Laws entitled "Health and Safety," is hereby amended by adding thereto the following new chapter:

{ADD23-4.12-1. Definitions. --ADD}{ADD(a) Partial birth abortion. For purposes of this chapter, "partial birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before killing the infant and completing the delivery.

(b) Fetus and infant. For purposes of this chapter, the terms "fetus" and "infant" are used interchangeably to refer to the biological offspring of human parents.ADD}

{ADD23-4.12-2. Prohibition of parial-birth abortions. --ADD}{ADD No person shall knowingly perform a partial birth abortion.ADD}

{ADD23-4.12-3. Life of the mother exception. --ADD}{ADD Section 23-4.12-2 shall not apply to a partial birth abortion that is necessary to save the life of a mother because her life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself; provided, that no other medical procedure would suffice for that purpose.ADD}

{ADD23-4.12-4.Civil remedies. -- ADD}{ADD(a) The woman upon whom a partial-birth abortion has been performed in violation of section 23-4.12-2, the father of the fetus or infant, and the maternal grandparents of the fetus or infant, and the maternal grandparents of the fetus or infant if the mother has not attained the age of eighteen (18) years at the time of the abortion, may obtain appropriate relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortin.

(c) If the judgement is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgement for a reasonable attorney's fee in favor of the plaintiff against the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defentant against the plaintiff.ADD}

{ADD23-4.12-5. Penalty. --ADD}{ADD(a) Performance of a partial birth abortion in a knowing or reckless manner is a violation of this chapter and shall be a felony.

(b) A woman upon whom a partial birth abortion is performed may not be prosecuted under this chapter for violating this chapter, or any provision thereof, or for conspiracy to violate this chapter or any provision thereof. ADD}

{ADD23-4.12-6. Severability. --ADD}{ADD(a) If any one (1) or more provisions, clauses, phrases, or words of section 23-4.12-3 or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be inseverable.

(b) If any one (1) or more provisions, section, subsections, sentences, clauses, phrases or words of the remaining sections or the application thereof to any person or circumstance is found to be unconstitutional, the same are hereby declared to be severable and the balance of the chapter shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that is would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, or word thereto, with the exception of section 23-4.12-3, irrespective of the fact that any one (1) or more provisions, sections, subsections, sentences, clauses, phrases, or words be declared unconstitutional. ADD}

SECTION 3. This act shall take effect upon passage.