Bill Text: CA AB1306 | 2011-2012 | Regular Session | Amended
Bill Title: Abortion.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-06 - From committee without further action pursuant to Joint Rule 62(a). [AB1306 Detail]
Download: California-2011-AB1306-Amended.html
BILL NUMBER: AB 1306 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 18, 2011
An act to amend Section 123464 of to add
Sectio ns 123470 and 123472 to the Health and Safety
Code, relating to abortion.
LEGISLATIVE COUNSEL'S DIGEST
AB 1306, as amended, Donnelly. Abortion.
Existing law provides for the implementation of a community-based
system of perinatal care for eligible women and infants administered
by the State Department of Public Health.
Existing law regulates the performance of abortions. Existing
law, the Reproductive Privacy Act, provides that the state may not
deny or interfere with a woman's right to choose or obtain an
abortion prior to viability of the fetus, or when the abortion is
necessary to protect the life or health of the woman. Under this
existing law, a surgical an abortion is
unauthorized unless it complies with provisions of the Medical
Practice Act that make performance of an abortion by a person without
a physician and surgeon's certificate subject to the provisions
relating to the unauthorized practice of medicine. Violation of these
provisions constitutes unprofessional conduct and is a crime.
This bill would define "woman" for all of the above
purposes as an adult female human require the person
authorized to perform the abortion to provide complete and full
information on the potential physiological and psychological impacts
of an abortion, in both verbal and written form, to any woman seeking
an abortion in order to obtain her informed consent to the abortion
during a counseling session where only ver ified immediate
relatives or legal guardians of the woman may join her in the
counseling room . By expanding the scope of an existing crime,
this bill would impose a state-mandated local program.
Existing law provides for the licensure and regulation of clinics,
outpatient settings, and health facilities. A violation of these
provisions is a crime. Existing law also establishes the offense of
human trafficking.
This bill would require any facility where an abortion is
authorized to be performed and the emergency room of a general acute
care hospital to post in common areas the telephone number of a
nonprofit organization that provides services in support of the
elimination of human trafficking.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 123470 is added to the
Health and Safety Code , to read:
123470. Prior to the performance of an abortion, the person
performing the abortion, authorized pursuant to Section 2253 of the
Business and Professions Code, shall provide complete and full
information on the potential physiological and psychological impacts
of an abortion, in both verbal and written form, to any woman seeking
an abortion in order to obtain her informed consent to obtain the
abortion during a counseling session. Only verified immediate
relatives or legal guardians of the woman seeking an abortion may
join the woman in the counseling room.
SEC. 2. Section 123472 is added to the
Health and Safety Code , to read:
123472. The National Human Trafficking Resource Center's hotline
telephone number, 1-888-3737-888, shall be posted in common areas,
including, but not limited to, waiting rooms and restrooms, at any
facility where an abortion may be performed and at the emergency room
of a general acute care hospital, as defined in subdivision (a) of
Section 1250.
SECTION 1. Section 123464 of the Health and
Safety Code is amended to read:
123464. The following definitions shall apply for purposes of
this chapter:
(a) "Abortion" means any medical treatment intended to induce the
termination of a pregnancy except for the purpose of producing a live
birth.
(b) "Pregnancy" means the human reproductive process, beginning
with the implantation of an embryo.
(c) "State" means the State of California, and every county, city,
town and municipal corporation, and quasi-municipal corporation in
the state.
(d) "Viability" means the point in a pregnancy when, in the good
faith medical judgment of a physician, on the particular facts of the
case before that physician, there is a reasonable likelihood of the
fetus' sustained survival outside the uterus without the application
of extraordinary medical measures.
(e) "Woman" means an adult female human.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
