Signed by Governor Dave Heineman

Vote Smart's Synopsis:

Vote to pass a bill that establishes screening requirements for women seeking abortions, including an evaluation to determine if the woman is being pressured into getting the abortion.

Highlights:

-Requires a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker licensed under the Uniform Credentialing Act to do the following at least 1 hour prior to the performance of an abortion (Sec. 4): -Evaluate the pregnant woman to identify if she had the perception of feeling pressured or coerced into seeking or consenting to an abortion; -Evaluate the pregnant woman to identify the presence of any risk factors associated with abortion; and -Inform the pregnant woman and the physician who is to perform the abortion of the results of the evaluation in writing, including a checklist identifying both the positive and negative results of the evaluation for each risk factor associated with the abortion. -Requires physicians performing abortions to form a "reasonable medical judgment," documented in the permanent record, that (Sec. 4): -The preponderance of statistically validated medical studies demonstrates that the physical, psychological, and familial risks associated with abortion for patients with risk factors similar to the patient's risk factors are negligible risks; -Continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant woman greater than if the pregnancy were terminated by induced abortion; or -Continuance of the pregnancy would involve less risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated by an induced abortion. -Defines "risk factor" as any factor, including physical, psychological, emotional, demographic, or situational factor, for which there is a statistical association with 1 or more complications associated with abortion, such that there is less than a 5 percent probability that such statistical association is due to chance (Sec. 3). -Authorizes women to collect damages via a civil action against a physician for the wrongful death of her fetus if, upon proving by a preponderance of evidence, the physician knew or should have known that the pregnant woman's consent to the abortion was either not fully informed or not fully voluntary (Sec. 6). -Authorizes the parent or legal guardian of a minor to collect damages via a civil action against a physician for the wrongful death of the minor's fetus if, upon proving by a preponderance of evidence, the physician knew or should have known that the pregnant minor's consent to the abortion was either not fully informed or not fully voluntary (Sec. 8).

Full Bill Text