Number: HB 1352
Status: Failed to PassProposed: January 14, 2014
Last updated Jan 7, 2015.
HB 1352 contained a clinic inspection provision and redefined “medical emergency” for purposes of later abortion.
HB 1352 would have required the Department of Health and Senior Services to conduct at least four inspections per year of any abortion facility. Any information received by the Department would have been prohibited from being disclosed publicly in a manner that would have identified individual patients except to another state agency investigating an abortion facility. That state agency would also have been prohibited from publicly disclosing individual patient information.
The bill also required that every abortion facility and any premises proposed to be conducted as an abortion facility be open at all reasonable times to an inspection authorized in writing by the department director. The department was not required to provide notice prior to an inspection.
The bill would have authorized the inspector to immediately close an abortion facility whenever an inspection disclosed that the continued operation of the facility constitutes an immediate and serious risk of harm to the health or safety of the facility’s patients.
The bill also would have changed the definition of “medical emergency,” removing “psychological or emotional conditions” from the current legal definition in the state. If passed, the bill would have prohibited, except in the case of a medical emergency, an abortion of a viable unborn child from being performed or induced unless the abortion is necessary to avert the pregnant woman’s death or serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No greater risk can be deemed to exist if it was based on a claim or diagnosis that the woman would engage in conduct which she intended to result in her death or in substantial and irreversible physical impairment of a major bodily function.
Referred to Health Care Policy Committee.
The TRAP law provision is identical to HB 1478.