Number: HB 1352
Status: ProposedProposed: January 14, 2014
Last updated Apr 28, 2014.
HB 1352 contains a clinic inspection provision and redefines “medical emergency” for purposes of later abortion.
HB 1352 would require 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 be prohibited from being disclosed publicly in a manner that would identify individual patients except to another state agency investigating an abortion facility. That state agency would also be prohibited from publicly disclosing individual patient information.
The bill would also require 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 is not required to provide notice prior to an inspection.
The bill would authorize the inspector to immediately close an abortion facility whenever an inspection discloses 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 change the definition of “medical emergency,” removing “psychological or emotional conditions” from the current legal definition in the state. If passed, the bill would prohibit, 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 is based on a claim or diagnosis that the woman will engage in conduct which she intends 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.