Bill Text: OR HB3512 | 2011 | Regular Session | Introduced
Bill Title: Relating to abortion.
Sponsorship: Partisan Bill (Republican 25)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3512 Detail]
Download: Oregon-2011-HB3512-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3371
House Bill 3512
Sponsored by Representative FREEMAN; Representatives BENTZ,
BREWER, CAMERON, CONGER, ESQUIVEL, GARRARD, GILLIAM, HANNA,
HICKS, HUFFMAN, JOHNSON, KENNEMER, KRIEGER, LINDSAY, MCLANE,
OLSON, RICHARDSON, SHEEHAN, G SMITH, SPRENGER, THATCHER,
THOMPSON, WEIDNER, WHISNANT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits abortion unless physician has first determined
probable post-fertilization age of unborn child, except in case
of medical emergency.
Prohibits abortion of unborn child with probable
post-fertilization age of 20 or more weeks, except in case of
medical emergency.
Requires physician who performs or attempts abortion to file
report with Oregon Health Authority.
Requires authority to publish statistics relating to abortion.
A BILL FOR AN ACT
Relating to abortion; creating new provisions; and amending ORS
677.190.
Whereas pain receptors are present throughout the unborn
child's entire body by 16 weeks after fertilization and nerves
link these receptors to the brain's thalamus and subcortical
plate by 20 weeks after fertilization; and
Whereas by eight weeks after fertilization, the unborn child
reacts to stimuli that would be recognized as painful if applied
to an adult human, for example by recoiling; and
Whereas in the unborn child, application of such painful
stimuli is associated with significant increases in stress
hormones known as the stress response; and
Whereas subjection to such painful stimuli is associated with
long-term harmful neurodevelopmental effects, such as altered
pain sensitivity and, possibly, emotional, behavioral and
learning disabilities later in life; and
Whereas for the purposes of surgery on unborn children, fetal
anesthesia is routinely administered and is associated with a
decrease in stress hormones compared to their level when painful
stimuli are applied without anesthesia; and
Whereas the position, asserted by some medical experts, that
the unborn child is incapable of experiencing pain until a point
later in pregnancy than 20 weeks after fertilization
predominantly rests on the assumption that the ability to
experience pain depends on the cerebral cortex and requires nerve
connections between the thalamus and the cortex; and
Whereas recent medical research and analysis conducted since
2007 provides strong evidence for the conclusion that a
functioning cortex is not necessary to experience pain; and
Whereas substantial evidence indicates that children born
missing the bulk of the cerebral cortex, such as those with
hydranencephaly, nevertheless experience pain; and
Whereas in adults, stimulation or ablation of the cerebral
cortex does not alter pain perception, while stimulation or
ablation of the thalamus does; and
Whereas substantial evidence indicates that structures used for
pain processing in early development differ from those of adults,
using different neural elements available at specific times
during development, such as the subcortical plate, to fulfill the
role of pain processing; and
Whereas there is substantial medical evidence that an unborn
child is capable of experiencing pain by 20 weeks after
fertilization; and
Whereas it is the purpose of the Legislative Assembly to assert
a compelling state interest in protecting the lives of unborn
children from the stage at which substantial medical evidence
indicates that they are capable of feeling pain; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2011 Act:
(1) 'Abortion' means the use or prescription of any instrument,
medicine, drug or any other substance or device to terminate the
pregnancy of a woman known to be pregnant, if the intention is
other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth or to
remove a dead unborn child who died as the result of natural
causes in utero, accidental trauma or a criminal assault on the
pregnant woman or her unborn child, and that use or prescription
causes the premature termination of the pregnancy.
(2) 'Attempt to perform or induce an abortion' means an act, or
an omission of a statutorily required act, that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in
the performance or induction of an abortion.
(3) 'Fertilization' means the fusion of a human spermatozoon
with a human ovum.
(4)(a) 'Medical emergency' means a condition that, in
reasonable medical judgment, so complicates the medical condition
of the pregnant woman as to necessitate the immediate termination
of her pregnancy to avert her death or for which a delay
necessary to determine probable post-fertilization age will
create serious risk of substantial and irreversible physical
impairment of a major bodily function, not including
psychological or emotional functions.
(b) 'Medical emergency' does not include the likelihood that
the pregnant woman will engage in conduct that would result in
her death or in substantial and irreversible physical impairment
of a major bodily function.
(5) 'Physician' means a person licensed by the Oregon Medical
Board to practice medicine and surgery.
(6) 'Post-fertilization age' means the age of the unborn child
as calculated from the fertilization of the human ovum.
(7) 'Probable post-fertilization age' means what, in reasonable
medical judgment, will with reasonable probability be the
post-fertilization age of the unborn child at the time the
abortion is planned to be performed.
(8) 'Reasonable medical judgment' means a medical judgment that
would be made by a reasonably prudent physician who is
knowledgeable about the case and the treatment possibilities with
respect to the medical conditions involved.
(9) 'Unborn child' means an individual organism of the species
Homo sapiens from fertilization until live birth.
(10) 'Woman' means a female human being, whether or not she has
reached the age of maturity. + }
SECTION 2. { + (1) Except in the case of a medical emergency
that prevents compliance with this section, a person may not
perform or induce, or attempt to perform or induce, an abortion
unless a physician has first made a determination of the probable
post-fertilization age of the unborn child.
(2) In making the determination required by subsection (1) of
this section, the physician shall make the inquiries of the woman
and perform or cause to be performed the medical examinations and
tests that a reasonably prudent physician who is knowledgeable
about the case and the medical conditions involved would make and
perform to make an accurate diagnosis with respect to
post-fertilization age. + }
SECTION 3. { + (1) Except in the event of a medical emergency,
a person may not perform or induce, or attempt to perform or
induce, an abortion when a physician has determined that the
probable post-fertilization age of the unborn child is 20 or more
weeks.
(2) When a physician terminates a pregnancy that is not
prohibited under this section because of a medical emergency, the
physician shall terminate the pregnancy in the manner that, in
reasonable medical judgment, provides the best opportunity for
the unborn child to survive, unless, in reasonable medical
judgment, termination of the pregnancy in that manner would pose
a greater risk of the death of the pregnant woman or of the
substantial and irreversible physical impairment of a major
bodily function of the woman, other than psychological or
emotional functions, than other available methods. The likelihood
that the woman will engage in conduct that would result in her
death or in substantial and irreversible physical impairment of a
major bodily function does not constitute a greater risk under
this subsection. + }
SECTION 4. { + Within 30 days after a physician performs or
induces, or attempts to perform or induce, an abortion, the
physician shall report to the Oregon Health Authority in
accordance with rules adopted by the authority. The report must
include:
(1) If a determination of probable post-fertilization age was
made, the probable post-fertilization age determined and the
method and basis of the determination;
(2) If a determination of probable post-fertilization age was
not made or the probable post-fertilization age was determined to
be 20 or more weeks, the basis of the determination that a
medical emergency existed; and
(3) The method used for the abortion and, in the case of a
termination performed when the probable post-fertilization age
was determined to be 20 or more weeks:
(a) Whether the method used was one that, in reasonable medical
judgment, provided the best opportunity for the unborn child to
survive; or
(b) If the method used did not provide the best opportunity for
the unborn child to survive, the basis of the determination that
termination of the pregnancy in that manner would pose a greater
risk of the death of the pregnant woman or of the substantial and
irreversible physical impairment of a major bodily function of
the woman, other than psychological or emotional functions, than
other available methods. + }
SECTION 5. { + (1) On or before June 30 of each year, the
Oregon Health Authority shall issue a public report of statistics
relating to abortion. The report must include:
(a) Statistics for the previous calendar year compiled from the
reports submitted under section 4 of this 2011 Act.
(b) Statistics for all previous calendar years in which reports
were submitted under section 4 of this 2011 Act, adjusted to
reflect any additional information from late or corrected
reports.
(2) The authority may not include individually identifiable
information in the report. + }
SECTION 6. ORS 677.190 is amended to read:
677.190. The Oregon Medical Board may refuse to grant, or may
suspend or revoke a license to practice for any of the following
reasons:
(1)(a) Unprofessional or dishonorable conduct.
(b) For purposes of this subsection, the use of an alternative
medical treatment shall not by itself constitute unprofessional
conduct. For purposes of this paragraph:
(A) 'Alternative medical treatment' means:
(i) A treatment that the treating physician, based on the
physician's professional experience, has an objective basis to
believe has a reasonable probability for effectiveness in its
intended use even if the treatment is outside recognized
scientific guidelines, is unproven, is no longer used as a
generally recognized or standard treatment or lacks the approval
of the United States Food and Drug Administration;
(ii) A treatment that is supported for specific usages or
outcomes by at least one other physician licensed by the Oregon
Medical Board; and
(iii) A treatment that poses no greater risk to a patient than
the generally recognized or standard treatment.
(B) 'Alternative medical treatment' does not include use by a
physician of controlled substances in the treatment of a person
for chemical dependency resulting from the use of controlled
substances.
(2) Employing any person to solicit patients for the licensee.
However, a managed care organization, independent practice
association, preferred provider organization or other medical
service provider organization may contract for patients on behalf
of physicians.
(3) Representing to a patient that a manifestly incurable
condition of sickness, disease or injury can be cured.
(4) Obtaining any fee by fraud or misrepresentation.
(5) Willfully or negligently divulging a professional secret
without the written consent of the patient.
(6) Conviction of any offense punishable by incarceration in a
Department of Corrections institution or in a federal prison,
subject to ORS 670.280. A copy of the record of conviction,
certified to by the clerk of the court entering the conviction,
shall be conclusive evidence of the conviction.
(7) Impairment as defined in ORS 676.303.
(8) Fraud or misrepresentation in applying for or procuring a
license to practice in this state, or in connection with applying
for or procuring registration.
(9) Making statements that the licensee knows, or with the
exercise of reasonable care should know, are false or misleading,
regarding skill or the efficacy or value of the medicine,
treatment or remedy prescribed or administered by the licensee or
at the direction of the licensee in the treatment of any disease
or other condition of the human body or mind.
(10) Impersonating another licensee licensed under this chapter
or permitting or allowing any person to use the license.
(11) Aiding or abetting the practice of medicine or podiatry by
a person not licensed by the board, when the licensee knows, or
with the exercise of reasonable care should know, that the person
is not licensed.
(12) Using the name of the licensee under the designation '
doctor,' 'Dr.,' 'D.O.' or 'M.D.,' 'D.P.M., ' ' Acupuncturist,'
'P.A.' or any similar designation in any form of advertising that
is untruthful or is intended to deceive or mislead the public.
(13) Gross negligence or repeated negligence in the practice of
medicine or podiatry.
(14) Incapacity to practice medicine or podiatry. If the board
has evidence indicating incapacity, the board may order a
licensee to submit to a standardized competency examination. The
licensee shall have access to the result of the examination and
to the criteria used for grading and evaluating the examination.
If the examination is given orally, the licensee shall have the
right to have the examination recorded.
(15) Disciplinary action by another state of a license to
practice, based upon acts by the licensee similar to acts
described in this section. A certified copy of the record of the
disciplinary action of the state is conclusive evidence thereof.
(16) Failing to designate the degree appearing on the license
under circumstances described in ORS 677.184 (3).
(17) Willfully violating any provision of this chapter or any
rule adopted by the board, board order, or failing to comply with
a board request pursuant to ORS 677.320.
(18) Failing to report the change of the location of practice
of the licensee as required by ORS 677.172.
(19) Imprisonment as provided in ORS 677.225.
(20) Making a fraudulent claim.
(21)(a) Performing psychosurgery.
(b) For purposes of this subsection and ORS 426.385, '
psychosurgery' means any operation designed to produce an
irreversible lesion or destroy brain tissue for the primary
purpose of altering the thoughts, emotions or behavior of a human
being. 'Psychosurgery' does not include procedures which may
produce an irreversible lesion or destroy brain tissues when
undertaken to cure well-defined disease states such as brain
tumor, epileptic foci and certain chronic pain syndromes.
(22) Refusing an invitation for an informal interview with the
board requested under ORS 677.415.
(23) Violation of the federal Controlled Substances Act.
(24) Prescribing controlled substances without a legitimate
medical purpose, or prescribing controlled substances without
following accepted procedures for examination of patients, or
prescribing controlled substances without following accepted
procedures for record keeping.
(25) Failure by the licensee to report to the board any adverse
action taken against the licensee by another licensing
jurisdiction or any peer review body, health care institution,
professional or medical society or association, governmental
agency, law enforcement agency or court for acts or conduct
similar to acts or conduct that would constitute grounds for
disciplinary action as described in this section.
(26) Failure by the licensee to notify the board of the
licensee's voluntary resignation from the staff of a health care
institution or voluntary limitation of a licensee's staff
privileges at the institution if that action occurs while the
licensee is under investigation by the institution or a committee
thereof for any reason related to medical incompetence,
unprofessional conduct, physical incapacity or impairment.
{ + (27) Violation of section 2 or 3 of this 2011 Act. + }
SECTION 7. { + Sections 1 to 5 of this 2011 Act and the
amendments to ORS 677.190 by section 6 of this 2011 Act apply to
abortions that are performed or induced, or attempted to be
performed or induced, on or after the effective date of this 2011
Act. + }
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