Colorado Women’s Health Protection Act of 2016 (HB 1203)
This law was last updated on Jan 23, 2017
HB 1203 would enact the Women’s Health Protection Act, a model bill drafted by Americans United for Life. The bill would require abortion providers to follow procedures and rules established by Americans United for Life and would substitute the judgment of the non-medical personnel and lawyers who drafted the model legislation for the judgment of abortion doctors.
Clinic Standards and Rules; ASC Requirements
The bill would require all abortion clinics to be licensed beginning January 1, 2017 by the attorney general according to the procedure set forth in the bill.
The bill would also require the attorney general to establish minimum standards and rules for the licensing and operation of abortion clinics. The bill set forth extensive and specific standards and rules that the attorney general must establish.
The bill would also require the attorney general to establish specified rules related to the abortion procedure, medical screening and evaluation, supply and equipment standards, minimum recovery standards, standards for follow-up care, and abortion clinic incident reporting.
Many of the required standards are the same as those for ambulatory surgical centers.
The bill would require the attorney general to establish policies and procedures for conducting inspections pursuant to complaints received by the attorney general and made against any abortion clinic. If the attorney general finds there is reasonable cause to believe a clinic is not adhering to the requirements of this provision, any county health or fire inspector may enter the clinic during regular business hours to determine compliance. If there are violations, the attorney general could suspend or revoke the clinic’s license.
This provision would ostensibly allow anyone to harass a clinic and cause repeated and unnecessary inspections.
Admitting Privileges Requirement
The bill would require that at least one physician with admitted privileges at a hospital within 30 miles of the clinic be employed at the clinic and be on the premises whenever an abortion is performed.
Physician Reporting Requirements
The bill would require a clinic to record each incident resulting in a patient’s or “born-alive child”s” injury. These incidents would need to be reported to the attorney general within ten days after the incident. If a patient’s death occurs, the abortion clinic must report it no later than the next attorney general work day.
Based on model legislation drafted by Americans United for Life.
Similar to HB 1128, which failed to pass in 2015, except this bill grants the attorney general authority while HB 1128 granted authority to the Department of Public and Environment.
HB 1128 also included junk science that abortion causes breast cancer.