AB 1306

Bill Subjects

Abstract

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, 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 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 verified 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.