SENATE BILL 437

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Craig W. Brandt

AN ACT

RELATING TO HEALTH; REQUIRING A PHYSICIAN PERFORMING OR INDUCING AN ABORTION TO HAVE PHYSICIAN ADMITTING PRIVILEGES AND TO FACILITATE ACCESS TO MEDICAL RECORDS AND EMERGENCY MEDICAL ASSISTANCE; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] ADMITTING PRIVILEGES REQUIRED TO PERFORM ABORTION--PENALTIES.--

          A. A physician shall not perform or induce an abortion unless, on the date that the abortion is performed or induced, the physician has active admitting privileges at a hospital that is located not further than thirty miles from the location at which the abortion is performed or induced.

          B. A physician performing or inducing an abortion shall provide the pregnant woman with:

                (1) a telephone number at which the woman may reach the physician or other health care personnel employed by the physician or by the facility at which the abortion was performed or induced, twenty-four hours a day, to request access to the woman's relevant medical records or to request assistance for any complications that arise from the abortion; and

                (2) the name and telephone number of the nearest hospital to the home of the woman at which an emergency arising from the abortion could be treated.

          C. A physician who violates Subsection A of this section is guilty of a misdemeanor and, notwithstanding Section 31-19-1 NMSA 1978, shall be punished only by a fine in the amount of one thousand dollars ($1,000).

          D. A physician who fails to provide the information required pursuant to Subsection B of this section is guilty of a petty misdemeanor and, notwithstanding Section 31-19-1 NMSA 1978, shall be punished only by a fine in the amount of three hundred dollars ($300).

          E. As used in this section:

                (1) "abortion" means the use of any means to terminate the pregnancy of a female known by the attending physician to be pregnant, with the intention that the termination by those means will, with reasonable likelihood, cause the death of the fetus;

                (2) "fetus" means an individual human organism from fertilization until birth;

                (3) "hospital" means a facility that provides emergency or urgent care, inpatient medical care and nursing care for acute illness, injury and surgery and that provides obstetrical and gynecological health care services; and

                (4) "physician" means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this state.

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