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STATE OF RHODE ISLAND
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IN GENERAL ASSEMBLY
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JANUARY SESSION, A.D. 2007
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____________
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A N A C T
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RELATING TO HEALTH AND SAFETY -- SPOUSAL NOTICE FOR ABORTION
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Introduced By: Representatives Handy, Segal, Almeida, Williamson, and Fox
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Date Introduced: March 01, 2007
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Referred To: House Judiciary
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It is enacted by the General Assembly as follows:
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SECTION 1. Sections 23-4.8-1, 23-4.8-2, 23-4.8-3, 23-4.8-4 and 23-4.8-5 of the General
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Laws in Chapter 23-4.8 entitled "Spousal Notice for Abortion" are hereby repealed in their
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entirety:
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23-4.8-1. Declaration of purpose. -- The purpose of this chapter is to promote the state's
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interest in furthering the integrity of the institutions of marriage and the family.
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23-4.8-2. Spousal notice requirements. -- If a married woman consents to an abortion,
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1-7
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as such consent is required by chapter 4.7 of this title, the physician who is to perform the
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1-8
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abortion or his or her authorized agent shall, if reasonably possible, notify the husband of that
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woman of the proposed abortion before it is performed.
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23-4.8-3. Exceptions. -- The requirements of section 23-4.8-2 shall not apply if:
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(1) The woman having the abortion furnishes to the physician who is to perform the
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abortion or the physician's authorized agent prior to the abortion being performed a written
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statement that she has given notice to her husband of the proposed abortion; or a written
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1-14
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statement that the fetus was not fathered by her husband; or
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(2) The woman or her husband are living separate and apart; or either spouse has filed a
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petition or complaint for divorce in a court of competent jurisdiction; or
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(3) The physician who is to perform the abortion or his or her authorized agent receives
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the written affirmation of the husband that he has been notified of the proposed abortion; or
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(4) There is an emergency requiring immediate action. In the case of an emergency, the
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woman's attending physician shall certify in writing on the patient's medical record that an
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emergency exists and the medical basis for his or her opinion.
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2-3
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23-4.8-4. Penalties. -- In the event a physician performs an abortion, as defined by
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chapter 4.7 of this title, upon a woman who he or she knows is married and the physician
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knowingly and intentionally violates the requirements of this chapter, he or she shall be guilty of
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"unprofessional conduct" for the purposes of section 5-37-5.1.
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23-4.8-5. Severability. -- If any section or provision of this chapter or the application
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thereof is held invalid, that invalidity shall not affect other sections, provisions or applications,
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and to this end the sections and provisions of this chapter are hereby declared severable.
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SECTION 2. This act shall take effect upon passage.
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LC01419
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EXPLANATION
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BY THE LEGISLATIVE COUNCIL
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OF
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A N A C T
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RELATING TO HEALTH AND SAFETY -- SPOUSAL NOTICE FOR ABORTION
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***
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3-1
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This act would repeal the requirement that physicians performing abortions notify the
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husband of the patient before the abortion is performed.
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This act would take effect upon passage.
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=======
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LC01419
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