Requires, prior to an abortion of a fetus 20 weeks old or more, the physician or the physician's agent to offer information and counseling on fetal pain and a description of the actual steps to be done in the abortion.

A BILL FOR AN ACT

"Part . MODEL FETAL PAIN PREVENTION ACT

"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.

"Gestational age" means what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed.

"Medical emergency" means any condition which, on the basis of the physician’s good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

"Physician" means an individual authorized to practice medicine or osteopathy under chapter 453 or 460.

"Unborn child" means a member of the species homo sapiens from fertilization until birth.

§453-B Fetal pain information. Prior to an abortion being performed on an unborn child who is twenty weeks gestational age or more, the physician performing the abortion or the physician’s agent shall offer information and counseling on fetal pain to every patient. This information and counseling shall include, but shall not be limited to, the following:

§453-C Fetal pain prevention For an abortion performed on an unborn child who is twenty weeks gestational age or more, the physician performing the abortion or the physician’s agent shall administer an anesthetic or analgesic to eliminate or alleviate organic pain to the fetus caused by the particular method of abortion to be employed.

§453-D Exceptions. This section does not apply when in the medical judgment of the physician who is to perform the abortion or the referring physician based upon the particular facts of the case before the physician:

§453-E Certification required. Prior to the performance of the abortion, the pregnant female shall certify in writing that the information described in section 453-B has been provided.

§435-F Procedure in case of medical emergency. When a medical emergency compels the performance of an abortion, the physician shall inform the pregnant female, prior to the abortion if possible, of the medical indications supporting the physician’s judgment that an immediate abortion is necessary to avert her death or that any delay will create serious risk of substantial and irreversible impairment of a major bodily function.

§453-G Criminal penalties. Any person who knowingly or recklessly performs an abortion in violation of this Act shall be guilty of a felony. No penalty or civil liability may be assessed against the female upon whom the abortion is performed.

§453-H Civil remedies. (a) Any female upon whom an abortion has been performed without complying with this Act may maintain an action against the person who performed the abortion in knowing and reckless violation of this Act for actual or punitive damages.

(b) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorneys fees in favor of the plaintiff. If judgment is rendered in favor of 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 reasonable attorney’s fee in favor of the defendant.

§453-I Protection of privacy in court proceedings. In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any female upon whom an abortion has been performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant."

SECTION 2. This Act shall take effect upon its approval.