Oregon Pain-Capable Unborn Child Protection Act (HB 4057)

This law was last updated on Mar 26, 2018

State

Oregon

Number

HB 4057

Status

Failed to Pass

Proposed

Feb 5, 2018

Topics

20-Week Bans, Physicians Reporting Requirements

Full Bill Text

olis.leg.state.or.us

HB 4057 would prohibit performing or inducing an abortion unless the physician first makes a determination that the probable post-fertilization age of the fetus is not greater than 20 weeks, except in cases of a medical emergency.

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

In making the determination, a physician would be required to make inquiries of the pregnant individual; and perform medical examinations and tests that a “reasonably prudent physician who is knowledgeable about the case and the medical conditions involved would make and perform.”

The bill prohibits a person from performing or inducing, or attempting to perform or induce, an abortion when a physician has determined that the probable post-fertilization age of the fetus is 20 or more weeks, unless there is a medical emergency.

When a physician terminates a pregnancy that is not prohibited under this provision because of a medical emergency, the physician must terminate the pregnancy in the manner that, in reasonable medical judgment, provides the best opportunity for the fetus to survive.

Physician Reporting Requirements

Abortion providers would be required to report certain information to the Oregon Health Authority, including:

if the determination of probable post-fertilization age was made, what was determined, and how it was determined;
if a determination of probable post-fertilization age was not made, why not—what was the basis for a determination that a medical emergency existed;
the method used to terminate the pregnancy; and
In the case of a termination performed when the probable post-fertilization age was
not determined or was determined to be 20 or more weeks:
- Whether the method used to terminate the pregnancy provided the best opportunity
  for the fetus to survive; and
- If the method used did not provide the best opportunity for the fetus to survive,the basis of the determination that termination of the pregnancy in that manner would have created a greater risk of death for the pregnant person or of substantial and irreversible physical impairment of a major bodily function, other than psychological or emotional functions, of the pregnant woman than other available methods of terminating the pregnancy.

The bill would require the Oregon Health Authority to provide a yearly public report of abortion statistics.

Related Legislation

Based on model legislation drafted by the National Right to Life Committee.

Similar to HB 3017 (2017), HB 2388 (2015), and SB 553 (2013), all of which failed to pass.