AB 656

The bill specifies that every woman has the fundamental right to choose to

obtain a safe and legal abortion. Under the bill, the state may not prohibit a woman

from obtaining an abortion before viability or from obtaining an abortion at any time

during her pregnancy if the termination is necessary, in the professional judgment

of a physician, to protect her life or health. Also under the bill, a law or rule of this

state that places a burden on a woman's access to abortion is unenforceable if the law

or rule does not confer any legitimate health benefit. The bill describes

circumstances that constitute a law or rule placing a burden on access to abortion or

conferring a legitimate health benefit. Any person that is or may be aggrieved by the

enforcement of a law or rule passed or promulgated after the effective date of the bill

that would be unenforceable under the bill may bring an action in state or federal

court for injunctive relief or damages against a state or local official who enforces or

attempts to enforce such a law or rule.

In addition, the bill makes various changes to the laws relating to abortion,

including:

1. The bill eliminates requirements for voluntary and informed consent before

the performance of an abortion. Current law requires that a woman upon whom an

abortion is to be performed or induced must give voluntary and informed written

consent to an abortion. Except in a medical emergency, a woman's consent to an

abortion is considered informed only if, before the abortion is performed or induced

at a time specified in current law, the physician or an assistant has, in person, orally

provided the woman with certain information and given to the woman certain

written materials.

2. The bill eliminates the requirement that except in a medical emergency a

physician must determine or rely on another determination of the probable

postfertilization age of an unborn child before performing an abortion. The bill also

eliminates the prohibition on performing or inducing an abortion if the probable

postfertilization age of the unborn child is 20 or more weeks.

3. This bill eliminates the prohibition on giving a woman an abortion-inducing

drug unless the physician who provided the drug for the woman performs a physical

exam on the woman and is physically present in the room when the drug is given to

the woman.

4. The bill eliminates the prohibition on coverage of abortions by qualified

health plans offered through an exchange in this state.

5. The bill eliminates the prohibition on performing abortions by a physician

that does not have admitting privileges in a hospital within 30 miles of the location

where the abortion is to be performed. Under a federal appellate court ruling, the

requirement to have admitting privileges currently may not be enforced.

6. Under current law, any person, other than the mother, who intentionally

destroys the life of an unborn child may be fined not more than $10,000, imprisoned