BILL REQ. #:  H-3195.1 

Prefiled 12/15/11. Read first time 01/09/12.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to establishing the woman's right to know act of 2012; adding a new section to chapter 9.02 RCW; creating new sections; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   This act may be known and cited as the woman's right to know act.

NEW SECTION.  Sec. 2   The legislature finds that:
     (1) Women and girls often obtain abortions without a full understanding of the potential physical and mental health consequences to themselves and the unborn baby they are carrying.
     (2) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on her alternatives.
     (3) The knowledgeable exercise of a woman's decision to have an abortion depends on the extent to which the woman receives sufficient information to make an informed choice between two alternatives: Giving birth or having an abortion.
     (4) The United States supreme court has recognized that the decision to abort "...is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences" (Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976)) and that "The medical, emotional, and psychological consequences of an abortion are serious and can be lasting..." (H.L. v. Matheson, 450 U.S. 398, 411 (1981)).

NEW SECTION.  Sec. 3   A new section is added to chapter 9.02 RCW to read as follows:
     (1) No abortion shall be performed except with the voluntary and informed consent of the woman upon whom the abortion is to be performed. Except in the case of a medical emergency requiring the immediate termination of a pregnancy to avert death or substantial and irreversible impairment of a major bodily function, consent to an abortion is voluntary and informed if and only if:
     (a) At least twenty-four hours before the abortion, the physician who is to perform the abortion, or the referring physician, has orally and in person informed the woman of:
     (i) The name of the physician who will perform the abortion;
     (ii) Medically accurate information that a reasonable person would consider material to the decision of whether or not to undergo the abortion, including (A) a description of the proposed abortion procedure, (B) the immediate and long-term medical risks associated with the proposed abortion method, and (C) alternatives to the abortion;
     (iii) The probable gestational age of the unborn child at the time the abortion is to be performed, the probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed, and that the abortion will end the life of the unborn child; and
     (iv) The probable medical risks associated with carrying her unborn child to term;
     (b) At least twenty-four hours before the abortion, the physician who is to perform the abortion, or the referring physician, has orally and in person informed the pregnant woman that:
     (i) There are printed materials and an informational video available published by the department of health that describe abortion procedures, that describe the unborn child at various stages from conception to natural birth and that list agencies that provide alternatives to abortion, that she has a right to review the printed materials and informational video, and that a copy of the printed materials and informational video will be provided to her free of charge if she chooses to review them;
     (ii) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials and informational video provided her as published by the department of health;
     (iii) The father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion. In the case of rape, this information may be omitted; and
     (iv) The pregnant woman must certify in writing, before the abortion can be performed, that the information required to be provided under this section was provided to her, that she did or did not review the printed materials or informational video, and that she understands what an abortion is and the medical risks associated with the abortion, or, in the event of a medical emergency requiring the immediate termination of a pregnancy to avert death or to avert substantial and irreversible impairment of a major bodily function, the physician performing the abortion provides the woman with a certification signed by the performing physician that describes the nature of the medical emergency and the circumstances that necessitated the waiving of the informed consent requirements of this section.
     (2) A physician shall not require or obtain a payment, in full or in part, until the twenty-four hour reflection period under this section has expired.
     (3) Within ninety days of the effective date of this section, the department of health shall cause to be printed materials and an informational video in English and Spanish that is easily comprehensible at a sixth grade level and that describes the anatomical and physiological characteristics of an unborn child at various stages from conception to natural birth, describes the various methods of abortion used to terminate the life of an unborn child, lists alternatives to abortion, and provides a comprehensive list of the addresses and phone numbers of agencies that offer alternatives to abortion and services to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including but not limited to adoption agencies. The video shall, in addition to the information described in this section, show an ultrasound of the heartbeat of an unborn child at four to five weeks gestational age, at six to eight weeks gestational age, and each month thereafter until viability. Abortion providers shall purchase copies of the printed materials and informational video published by the department of health at cost. Copies of the printed materials and informational video published by the department of health shall be available in appropriate numbers for free to others upon request.
     (4) Any physician who violates the provisions of this section is guilty of unprofessional conduct and his or her license for the practice of medicine and surgery shall be subject to suspension or revocation.
     (5) Any physician who performs an abortion without first obtaining the certification required by subsection (1)(b)(iv) of this section or with knowledge or reason to know that the informed consent of the woman has not been obtained is for the first offense guilty of a misdemeanor and for each subsequent offense is guilty of a gross misdemeanor. No physician is guilty of violating this section for failure to furnish the information required by subsection (1)(b)(iv) of this section if he or she can demonstrate, by a preponderance of the evidence, that he or she reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the patient.
     (6) Any physician who complies with the provisions of this section may not be held civilly liable to his or her patient or the patient's representative for failure to obtain informed consent to the abortion.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and takes effect immediately.