House Amendment 701
S 474 - Session 125 (2023-2024)
Abortion - Fetal Heartbeat
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Reps. King and Bamberg propose the following amendment (LC-474.HDB0440H):

Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-640(B) and inserting:

(B)(1) Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists that prevents compliance with this section. 

 (2) A physician who performs or induces an abortion on a pregnant person based on the exception in item (1) shall make written notations in the pregnant person's medical records of the following: 

  (a) the physician's belief that a medical emergency necessitating the abortion  existed;

  (b) the medical condition of the pregnant person that assertedly prevented compliance with Section 44-41-630; and 

  (c) the medical rationale to support the physician's or person's conclusion that the pregnant person's medical condition necessitated the immediate abortion of her pregnancy to avert her death and a medical emergency necessitating the abortion existed. 

 (3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant person's unborn child, to the extent that it does not substantially risk the death or physical impairment of a major bodily function of the pregnant person, not including psychological or emotional conditions and in a manner consistent with reasonable medical practices. A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the person will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function. 

 (4)(a) For at least seven years from the date the notations are made in the pregnant person's medical records, the physician owner of the pregnant person's medical records shall maintain a record of the notations in his own records a copy of the notations. 

  (b) A person, if he is the owner of the pregnant person's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both. 

  (c) An entity with ownership of the pregnant person's medical records that violates item (3) must be fined up to fifty thousand dollars.