BILL NUMBER: SB 147	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Runner

                        FEBRUARY 7, 2005

   An act to add Section 123451 to the Health and Safety Code,
relating to abortion.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 147, as introduced, Runner.   Fetal pain prevention.
   Existing law, the Therapeutic Abortion Act, contains provisions
regulating abortions, including a requirement that the procedure be
performed by a physician and surgeon.
   This bill would, for an abortion, as defined, performed in the 3rd
trimester of pregnancy, require the physician performing the
abortion to offer to the pregnant woman information and counseling on
fetal pain and offer to the pregnant woman anesthesia for the fetus.
The bill would require the physician to arrange for anesthesia to be
administered, if the pregnant women voluntarily consents to
administration of anesthesia for the fetus. The bill would require
the pregnant woman to sign a document that information and counseling
on fetal pain was provided and that the physician offered anesthesia
for the fetus.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 123451 is added to the Health and Safety Code,
to read:
   123451.  (a) This section shall be known and may be cited as the
Fetal Pain Prevention Act.(b) For purposes of this section, the
following definitions shall apply:
   (1) "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device, intended to
terminate the pregnancy of a woman known to be pregnant with an
intention other than to increase the probability of a live birth.
   (2) "Prenatal care provider" has the same meaning set forth in
Section 125107.
   (3) "Third trimester" means the prenatal care provider has
determined that the pregnant woman is at least 26 weeks pregnant.
   (c) For an abortion performed in the third trimester of pregnancy,
the physician and surgeon performing the abortion shall offer
information and counseling on fetal pain to the pregnant woman. This
information and counseling shall include, but not be limited to, all
of the following:
   (1) The development of the nervous system of the fetus and
information on fetal responsiveness to adverse stimuli.
   (2) A description of the actual steps in the abortion procedure to
be administered.
   (d) For an abortion performed in the third trimester of pregnancy,
the physician and surgeon performing the abortion shall offer to the
pregnant woman anesthesia for the purposes of the fetus. The
offering of anesthesia for the fetus shall include, but not be
limited to, all of the following:
   (1) The purpose of anesthesia for the fetus.
   (2) The effects on both the fetus and the pregnant woman when
anesthesia is administered to the fetus.
   (3) The voluntary nature of receiving anesthesia for the fetus.
   (e) If the pregnant woman voluntarily consents for anesthesia to
be administered to the fetus, the physician and surgeon shall arrange
for anesthesia to be administered.
   (f) Prior to the abortion procedure, the pregnant woman shall sign
a document that information and counseling on fetal pain was
provided and that the physician and surgeon offered anesthesia for
the fetus.
   (g) Nothing in this section shall be construed to require the use
of anesthesia for the fetus.