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 | |
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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: | |
1 | SECTION 1. Chapter 23-4.8 of the General Laws entitled "Spousal Notice for Abortion" |
2 | is hereby repealed in its entirety. |
3 | CHAPTER 23-4.8 |
4 | Spousal Notice for Abortion |
5 | 23-4.8-1. Declaration of purpose. |
6 | The purpose of this chapter is to promote the state's interest in furthering the integrity of |
7 | the institutions of marriage and the family. |
8 | 23-4.8-2. Spousal notice requirements. |
9 | If a married woman consents to an abortion, as that consent is required by chapter 4.7 of |
10 | this title, the physician who is to perform the abortion or his or her authorized agent shall, if |
11 | reasonably possible, notify the husband of that woman of the proposed abortion before it is |
12 | performed. |
13 | 23-4.8-3. Exceptions. |
14 | The requirements of § 23-4.8-2 shall not apply if: |
15 | (1) The woman having the abortion furnishes to the physician who is to perform the |
16 | abortion or the physician's authorized agent prior to the abortion being performed a written |
17 | statement that she has given notice to her husband of the proposed abortion or a written statement |
18 | that the fetus was not fathered by her husband; |
19 | (2) The woman and her husband are living separate and apart or either spouse has filed a |
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1 | petition or complaint for divorce in a court of competent jurisdiction; |
2 | (3) The physician who is to perform the abortion or his or her authorized agent receives |
3 | the written affirmation of the husband that he has been notified of the proposed abortion; or |
4 | (4) There is an emergency requiring immediate action. In the case of an emergency, the |
5 | woman's attending physician shall certify in writing on the patient's medical record that an |
6 | emergency exists and the medical basis for his or her opinion. |
7 | 23-4.8-4. Penalties. |
8 | In the event a physician performs an abortion, as defined by chapter 4.7 of this title, upon |
9 | a woman who he or she knows is married and the physician knowingly and intentionally violates |
10 | the requirements of this chapter, he or she shall be guilty of "unprofessional conduct" for the |
11 | purposes of § 5-37-5.1. |
12 | 23-4.8-5. Severability. |
13 | If any section or provision of this chapter or the application of any section or provision is |
14 | held invalid, that invalidity shall not affect other sections, provisions or applications, and to this |
15 | end the sections and provisions of this chapter are declared severable. |
16 | 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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1 | This act would repeal the requirement that physicians performing abortions notify the |
2 | husband of a patient before an abortion may be performed. |
3 | This act would take effect upon passage. |
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