Actions: [3] HCPAC/HJC-HCPAC
Scheduled: Not Scheduled
House Bill 234 (HB 234) This legislative act mandates comprehensive medical care for all infants born alive, defines key terms related to childbirth, and enacts both criminal penalties and civil remedies for violations of the law.Legislation Overview:
House Bill 234 (HB 234): This act proposes to enforce rigorous standards for the care of infants born under all circumstances, ensuring they receive the same legal rights and medical care as any other individual, particularly focusing on scenarios involving abortion procedures. The introduction of stringent oversight, reporting requirements, and penalties is designed to protect newborns and uphold ethical medical practices. The act details the following definitions: a) Born Alive or Live Birth: Defined as the birth of an infant showing any evidence of life such as breathing, heartbeat, umbilical cord pulsation, or voluntary muscle movement, regardless of the circumstances of the birth. b) Infant: Defined as a child completely expelled or extracted from the mother, irrespective of gestational development. Requirements and Responsibilities: c) Medical Care Obligations: Denying nourishment or medically reasonable care to an infant born alive is prohibited. Health care providers must perform their duties without depriving the infant of necessary medical attention. d) Exceptions: Parents or guardians can refuse medical care if it is not necessary to save the infant’s life, poses a significant risk, or only temporarily prolongs the act of dying. Health care providers must take necessary actions to preserve the life of a born alive infant during abortion procedures, including immediate medical care and, if necessary, transfer to a hospital. Mandatory Reporting: e) Health care practitioners or any related personnel must immediately report any failure to comply with these requirements to appropriate law enforcement agencies. Criminal Penalties: f) First Degree Felony: Intentionally performing an act that kills a born alive infant. g) Second Degree Felony: Attempting to perform an act that would kill a born alive infant. Civil Remedies: h) Damages: The act allows the woman on whom the abortion was performed to seek damages, including psychological and physical damages, triple the cost of the abortion, and punitive damages, plus coverage for legal fees. Task Force and Oversight: i) Creation of a Task Force: Establishes a task force to monitor compliance, create reporting guidelines, and oversee medical care provided to born alive infants during abortion procedures. Periodic Reporting: j) The task force is required to submit annual reports on its findings to the governor and legislature. The Department of Health must conduct monthly inspections of facilities performing abortions to ensure compliance with the law.