Colorado Women’s Health Protection Act (HB 1085)
This law was last updated on Feb 10, 2017
HB 1085 would enact the Women’s Health Protection Act, a model bill drafted by Americans United for Life. The bill would require abortion providers to follow procedures and rules established by Americans United for Life and would substitute the judgment of the non-medical personnel and lawyers who drafted the model legislation for the judgment of abortion doctors.
HB 1085 would require all abortion clinics to file an annual registration with the attorney general. The registration form would need to include the following information:
- The number of abortions performed at the clinic, including the trimester in which the abortion was performed;
- A specific report for each abortion performed at or after 20 weeks’ gestation;
- A description of the method or methods of abortion performed at the clinic;
- The name of each physician performing abortions at the clinic, along with the state of each physician’s licensure, any board certifications or specialties maintained by the physician, and any disciplinary action taken against the physician in the last five years;
- The number of babies born alive at the clinic, whether the babies were born prior to, during, or after the attempted completion of an abortion, whether or not these babies survived, whether or not they were viable, and whether or not they were transferred to a hospital; and
- The number of patients, including woman and born-alive infants, who were transported to a hospital following a partially or fully completed abortion.
The attorney general would have 30 days to reject an inaccurate or incomplete registration form and 30 days from the date of discovery to reject a form that contains false or fraudulent information.
Failure to file a registration form or operating without a registration form would subject an abortion clinic to a fine, a suspension, or closure. All registration forms and inspection or investigation forms would be public records.
The bill would require the attorney general to establish minimum standards and rules for the licensing and operation of abortion clinics. The bill set forth extensive and specific standards and rules that the attorney general must establish.
The bill would require the attorney general to inspect, without notice, each registered abortion clinic at least once a year. At a minimum, each inspection must determine whether the abortion clinic is performing abortions at or after 20 weeks’ gestation and whether it is operating with the required equipment, methods, standards, and policies.
If the attorney general finds an inspection violation, he or she may impose a fine up to $5,000 or impose a suspension or closure of the abortion clinic.
The bill would require the attorney general to establish policies and procedures for conducting inspections pursuant to complaints received by the attorney general and made against any abortion clinic.
This provision would ostensibly allow anyone to harass a clinic and cause repeated and unnecessary inspections.
Based on model legislation drafted by Americans United for Life.
- Americans United for Life — Drafted Model Law