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HB17-1085: Women’s Health Protection Act

Reproductive Freedom | Women’s Rights
Bill Number: HB17-1085
Year: 2017
ACLU Position: Active Oppose
Sponsors: P. Neville

Description:

The bill requires all abortion clinics to file an annual registration
with the attorney general. The attorney general shall create and make
available the registration form. While keeping identifying information of
any women who sought an abortion private, the registration form must
include the following information:
• The number of abortions performed at the clinic during the
previous year, including the trimester in which the abortion
was performed, based on appropriately maintained records
kept by the clinic;
• 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 5 years;
• The number of babies born alive at the clinic during the
year, 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 transported to a hospital; and
• The number of patients, including women and born-alive
infants, who were transported to a hospital from the clinic
following a partially or fully completed abortion in the
previous year.
The attorney general has 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 subjects an abortion clinic
to a fine, a suspension, or closure. All registration forms and inspection
or investigation forms are public records.
The attorney general has a duty to inspect, without notice, each
registered abortion clinic at least annually. 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:
• Medically modern ultrasound equipment;
• Equipment to preserve the life of and to resuscitate
born-alive infants;
• Legally approved methods of medical and hazardous waste
disposal;
• Medically safe standards for sterilization of instruments
and procedure areas and storage, medically safe policies for
expired and opened medicines, and emergency exits
sufficient to accommodate a stretcher or gurney; and
• Proper Health Insurance Portability and Accountability
Act of 1996 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.


Current Status:

House Committee on Health, Insurance, & Environment Postpone Indefinitely (02/09/2017)
Introduced In House - Assigned to Health, Insurance, & Environment + Appropriations (01/18/2017)



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