Colorado Women’s Health Protection Act – TRAP Law (HB 1128)
This law was last updated on Jan 23, 2017
HB 1128 would have enacted the Women’s Health Protection Act, a model bill drafted by Americans United for Life. The bill would have required 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.
The bill included junk science that abortion causes breast cancer. (An increase in risk of breast cancer is not supported by medical research. In fact, a new study confirms that there is no causative link between abortion and breast cancer.)
Clinic Standards and Rules; ASC Requirements
The bill would have required all abortion clinics to be licensed beginning January 1, 2016 by the Department of Public Health and Environment according to the procedure set forth in the bill.
The bill would have also required the State Board of Health 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 Board of Health must establish.
The bill would have also required the Department to establish specified rules related to the abortion procedure, medical screening and evaluation, supply and equipment standards, minimum recovery standards, standards for follow-up care, and abortion clinic incident reporting.
Many of the required standards are the same as those for ambulatory surgical centers.
The bill would have required the Department to establish policies and procedures for conducting inspections pursuant to complaints received by the Department and made against any abortion clinic. If the Department there is reasonable cause to believe a clinic is not adhering to the requirements of this provision, any county health or fire inspector may enter the clinic during regular business hours to determine compliance. If there were violations, the Department could have suspended or revoked the clinic’s license.
This provision would have ostensibly allowed anyone to harass a clinic and cause repeated and unnecessary inspections.
Admitting Privileges Requirement
The bill would have required that at least one physician with admitted privileges at a hospital within 30 miles of the clinic be employed at the clinic and be on the premises whenever an abortion is performed.
Physician Reporting Requirements
The bill would have required a clinic to record each incident resulting in a patient’s or “born-alive child”s” injury. These incidents would have had to be reported to the Department within ten days after the incident. If a patient’s death occurs, the abortion clinic must have reported it no later than the next Department work day.
Based on model legislation drafted by Americans United for Life.
- Americans United for Life — Drafted Model Law