Louisiana Bill Regarding Abortion Clinics and Services (SB 325)

This law was last updated on Aug 2, 2018

State

Louisiana

Number

SB 325

Status

Current

Proposed

Mar 2, 2018

Topics

Targeted Regulation of Abortion Providers

Full Bill Text

www.legis.la.gov

As introduced, SB 325 would grant to district attorneys in any parish in which an outpatient abortion clinic is located, the attorney general, and the governor a cause of action to seek an injunction to cease and desist all operations at the clinic and cause the clinic to be permanently closed if there is reason to believe that the clinic has violated certain provisions regarding abortions on minors, record creation, destruction, or tampering.

District attorneys, the attorney general, and the governor may seek an injunction against an abortion clinic if the clinic has:

Performed an abortion on a minor in violation of state law;
Performed a post-live birth abortion;
Systematically, intentionally, or deliberately falsified or destroyed patient files or records; or
Pre-filled, predated, or completed in advance any portion of patient records or forms required by law to include patient specific data, dates, ages, procedure codes, or signatures.

Any owner or operator of an outpatient abortion clinic that loses its license pursuant to this provision or who has been convicted of violating any other state law regarding abortion would be permanently barred from the operation, ownership, or having an interest in ownership, of an outpatient abortion clinic in Louisiana.

The bill provides that the performance of an abortion in an unlicensed facility would be a criminal offense if the facility is required to have an outpatient abortion facility license.

Update #1

Shortly after introduction, senate committees amended the bill to remove most of the language and provisions mentioned above.

Instead, the amended bill allows the Louisiana Department of Health to suspend or revoke the license of an outpatient abortion facility for systematically, intentionally, or deliberately falsifying or destroying patient files or records. A clinic may also lose their license for completing any records or forms in advance of patient visits with patient specific data or a physician’s signature.

STATUS

Passed the senate on May 1, 2018, by a 34-3 vote.

Passed the house on May 16, 2018, by an 88-0 vote.

Signed by Gov. John Bel Edwards (D) on May 25, 2018.