§ 40:1061.16 — Information on psychological impacts, illegal coercion, abuse, and human

Louisiana § 40:1061.16

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1061.16. Information on psychological impacts, illegal coercion, abuse, and human
trafficking required prior to abortion; task force on information resources
A. The legislature hereby declares that women of this state have a right to know that
undergoing an abortion may have serious psychological impacts, including severe emotional
distress and mental and behavioral health afflictions.
B.(1) Except as provided in Paragraph (2) of this Subsection, at least seventy-two
hours prior to undergoing an elective abortion, and as a condition for consent to the abortion
to be deemed voluntary and informed, the woman or minor female considering abortion shall
be given a copy of the printed materials described in this Section by the physician who is to
perform the abortion or a qualified person as defined in R.S. 40:1061.17(B)(4)(c), except in
the case of medical emergency as provided in R.S. 40:1061.23.
(2) If the woman or minor female considering abortion certifies in writing that she
currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion
facility to her residence, then she shall be given a copy of the printed materials described in
this Section at least twenty-four hours prior to an elective abortion procedure by the
physician who is to perform the abortion or a qualified person as defined in R.S.
40:1061.17(B)(4)(c), except in the case of medical emergency as provided in R.S.
40:1061.23.
C.(1) The physician or qualified person shall provide to the woman or minor female
seeking an abortion the printed materials required by this Section individually and in a
private room for the purpose of ensuring that she has an adequate opportunity to ask
questions and discuss her individual circumstances.
(2) The physician or qualified person shall obtain the signature of the woman or
minor female seeking an abortion on a form certifying that the printed materials were given
to the woman or minor female.
(3) In the case of a minor female considering an abortion, if a parent accompanies
the minor female to the appointment with the physician or qualified person described in
Subsection B of this Section, then the physician or qualified person shall provide to the
parent copies of the materials given to the female in accordance with Paragraph (1) of this
Subsection.
(4) The signed certification form provided for in Paragraph (2) of this Subsection
shall be kept within the medical record of the woman or minor female upon whom the
abortion procedure was performed for a period of at least seven years.
D. The department shall create printed materials and printable Internet-based
resources that provide all of the following:
(1)(a) Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals, social
workers, and other trained counselors who serve women and minor females who may
experience psychological distress or other mental, emotional, or behavioral health afflictions
prior to undergoing an abortion.
(b) The department shall take such actions as are necessary to ensure that any mental
or behavioral health professional or other counselor to whom a woman or minor female may
be referred through the organizations listed in the materials developed pursuant to this
Paragraph meets all of the following criteria:
(i) Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may occur prior to an abortion.
(ii) Is not affiliated with an abortion provider.
(2)(a) Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals, social
workers, and other trained counselors who serve women and minor females who may
experience psychological distress or other mental, emotional, or behavioral health afflictions
after undergoing an abortion.
(b) The department shall take such actions as are necessary to ensure that any mental
or behavioral health professional or other counselor to whom a woman or minor female may
be referred through the organizations listed in the materials developed pursuant to this
Paragraph meets all of the following criteria:
(i) Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may result from undergoing the abortion procedure.
(ii) Is not affiliated with an abortion provider.
(3)(a) Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals, social
workers, and other trained counselors who are trained in counseling women and minor
females who experience coercion to obtain an abortion concerning the psychological impacts
or other mental, emotional, or behavioral health afflictions that may result from experiencing
coercion to obtain an abortion.
(b) The department shall take such actions as are necessary to ensure that any mental
or behavioral health professional or other counselor to whom a woman or minor female may
be referred through the organizations listed in the materials developed pursuant to this
Paragraph meets all of the following criteria:
(i) Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may result from experiencing coercion to obtain an abortion.
(ii) Is not affiliated with an abortion provider.
(c) The materials developed pursuant to this Paragraph shall clearly indicate that
coerced abortion is defined in Louisiana law, Children's Code Article 603, as a form of abuse
that seriously endangers the physical, mental, and emotional health and safety of a child.
(4)(a) Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals, social
workers, and other trained counselors for women and minor females who are victims of the
crime of human trafficking or the crime of trafficking of children for sexual purposes.
(b) The department shall take such actions as are necessary to ensure that any mental
or behavioral health professional or other counselor to whom a woman or minor female may
be referred through the organizations listed in the materials developed pursuant to this
Paragraph meets all of the following criteria:
(i) Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may result from being a victim of human trafficking or a victim
of trafficking of children for sexual purposes.
(ii) Is not affiliated with an abortion provider.
(c) The materials developed pursuant to this Paragraph shall clearly indicate all of
the following:
(i) That victims of trafficking can be safe after their rescue from being trafficked.
(ii) That Louisiana provides for assistance to victims of human trafficking, as
required by R.S. 46:2162 et seq.
(iii) That there are public and private agencies providing valuable assistance to
women and minor females who have been commercially and sexually exploited; and that
help available to victims of trafficking and other exploitation includes housing assistance,
education, job training, and drug addiction counseling.
(iv) That legal assistance is available to women and minor females seeking to escape
the sex trade, including assistance in vacating prior prostitution convictions.
(v) That the crime of trafficking of children for sexual purposes is subject to the
mandatory reporting laws set forth in Children's Code Articles 603, 609, and 610.
(d) Any pamphlet developed pursuant to this Paragraph shall be known as the "Point
of Rescue" pamphlet.
E. The materials provided for in Subsection D of this Section shall be printed in a
typeface large enough to be clearly legible and shall be available at no cost from the
department upon request and in appropriate number to any person, facility, or hospital. The
department's website shall contain the content of the printed material, a printable electronic
image of the printed material, and information on ordering printed materials. The department
shall promulgate rules and regulations relative to the methods of distribution of printed
materials.
F. The provisions of R.S. 40:1061.1 shall apply to this Section.
G. Nothing in this Section shall be construed to conflict with or supersede the
requirement for mandatory reporting of child abuse provided in Children's Code Article 603
et seq.
NOTE: See Acts 2014, No. 569, §3, regarding effectiveness.

Legislative History

Acts 2014, No. 569, §2, special eff. date; Redesignated from R.S. 40:1299.35.5.2 by HCR 84 of 2015 R.S.; Acts 2016, No. 97, §1; Acts 2018, No. 661, §8; Acts 2022, No. 545, §3.