2008 -- H 8129

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LC02675

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO HEALTH AND SAFETY -- INFORMED CONSENT FOR ABORTION

     Introduced By: Representatives Brien, Schadone, Palumbo, Corvese, and Savage

     Date Introduced: April 08, 2008

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-4.7-3 and 23-4.7-7 of the General Laws in Chapter 23-4.7

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entitled "Informed Consent for Abortion" are hereby amended to read as follows:

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     23-4.7-3. Required disclosures. -- (a) Either the physician who is to perform the

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abortion or his or her authorized agent or another physician or his or her authorized agent shall:

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      (1) Inform the woman that she is pregnant and inform her of the estimated gestational

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age of the fetus at the time of the disclosure.

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      (2) Explain to the woman the medical nature of an abortion, including the probable

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gestational age of the fetus at the time the abortion is to be performed.

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      (3) Explain to the woman the medical or surgical procedure to be employed to perform

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the abortion.

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      (4) Explain to the woman all known material medical risks associated with the particular

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abortion procedure to be employed. In the event a physician or his or her authorized agent

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determines that the disclosure of a known material risk should not be made, that risk need not be

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disclosed, provided the medical basis for the nondisclosure is certified in writing in the patient's

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medical record.

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      (b) In addition, a physician or his or her authorized agent may inform the woman of any

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other material facts or opinions or otherwise state anything with respect to the disclosures

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required in this section which, in the exercise of his or her best medical judgment, is reasonably

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necessary to enable the woman to give her informed consent to the proposed abortion, with full

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knowledge of its nature and consequences.

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     (c) In addition, prior to a woman giving informed consent to having any part of an

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abortion performed, the physician who is to perform the abortion, or certified technician working

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in conjunction with the physician, shall:

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     (1) perform an obstetric ultrasound on the pregnant woman;

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     (2) provide an explanation of the results of the ultrasound;

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     (3) display the ultrasound images so that the pregnant woman may view them; and

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     (4) provide a medical description of the ultrasound images, which shall included the

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dimensions of the embryo or fetus and the presence of external members and internal organs, if

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present and viewable.

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     (d) No requirement to view ultrasound images—nothing in this section shall be construed

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to require a woman to view the ultrasound images. Neither the physician nor the woman shall be

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subject to any penalty if she refuses to look at the presented ultrasound images.

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     23-4.7-7. Liability of physician. -- Any physician who knowingly violates the

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requirements of this chapter shall be deemed to have engaged in "unprofessional conduct" for the

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purposes of section 5-37-5.1. The willful failure to provide the woman with the substance of the

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information pursuant to the requirements of section 23-4.7-3 shall be prima facie evidence of

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failure to obtain informed consent in an action at law or in equity, and shall be sanctioned as

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follows: Upon a finding by a court that a physician in an action commenced under this chapter

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has knowingly violated a provision of this chapter, the court shall notify the Rhode Island Board

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of Medical Review. A civil penalty not to exceed one hundred thousand dollars ($100,000) for

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the first offense shall be imposed, the penalty for a second and/or subsequent offense shall not

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exceed the sum of two hundred fifty thousand dollars ($250,000).

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     SECTION 2. This act shall take effect upon passage.

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LC02675

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- INFORMED CONSENT FOR ABORTION

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     This act would require an ultrasound fetal image be made of every fetus about to be

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aborted for review by the woman seeking the abortion.

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     This act would take effect upon passage.

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LC02675

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