Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes criminal penalties for physicians who fail to provide certain information prior to performing abortion procedure involving donation of cadaveric fetal tissue.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning abortion and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A person who elects to donate, for research purposes, cadaveric fetal tissue following an abortion procedure, shall provide written consent to that donation. Before the person provides written consent to the donation, the physician who is to perform the procedure shall inform the patient if the decision to donate cadaveric fetal tissue will in any way alter the nature, performance, or timing of the abortion procedure. In addition to any other civil liability or professional disciplinary action, a physician who fails to provide this information shall be guilty of a crime of the fourth degree.
2. This act shall take effect immediately.
STATEMENT
This bill requires that a person who chooses to donate cadaveric fetal tissue following an abortion procedure is to provide written consent to the donation. Before written consent is provided, the physician performing the abortion is to notify the person if the decision to donate cadaveric fetal tissue will in any way alter the nature, performance, or timing of the abortion procedure. A physician who fails to provide this information would be guilty of a crime of the fourth degree, which is punishable by imprisonment for up to 18 months, up to a $10,000 fine, or both. The physician may also be liable for civil damages or professional disciplinary action.
Informed consent, which is a requirement for any non-emergency medical procedure, requires that the patient affirmatively consent to a procedure after being fully informed as to the implications of the procedure, including its nature and attendant risks. The purpose of informed consent is to ensure that patients are equipped to make informed decisions regarding their own treatment. If a patient lacks the capacity to provide informed consent, another authorized person, such as a parent, spouse, guardian, conservator, or health care representative, may do so on the patient's behalf.