Louisiana Bill Regarding Medical Records at Abortion Facilities (HB 484)
This law was last updated on May 14, 2019
HB 484 would establish requirements for physicians and medical directors, administrators, and owners of abortion facilities regarding the medical records of pregnant people upon whom abortions are performed.
The bill would require each physician who performs or induces an abortion, the medical director of the facility where an abortion is performed or induced, the administrator of an abortion facility, and each owner of an abortion facility to have an independent duty to ensure that a designated custodian of records for the facility obtains, retains, and makes part of the medical record of each pregnant person upon whom an abortion is performed or induced at least one copy of all abortion-related records.
The documents would need to be retained for at least seven years. For patients that are minors, the records would need to be retained for at least 10 years, beginning when the patient turns 18.
Any person who violates the requirement may be fined $1,000 per document and/or imprisoned for up to two years with or without hard labor.
The abortion facility would also be responsible independently for obtaining and retaining the required documents. The abortion facility would be subject to a civil penalty of up to $1,000 for each record that was not obtained or retained in compliance with this requirement.
A person who fails to obtain or retain any document in compliance with this provision may be temporarily or permanently disqualified from performing or inducing an abortion, applying for a medical facility license, or otherwise operating or managing a medical facility in the state.
Any violation of this provision would also provide a basis for professional disciplinary action against any licensed health-care provider.
Each licensed abortion facility would be required to establish a written record retention and archiving policy, which would need to be submitted within 30 days of the effective date of this Act to the department.
The bill would allow the attorney general, in addition to the district attorney, to have the authority to investigate and prosecute any criminal violations of this requirement.
3/29/19 – Prefiled.
4/25/19 – Reported favorably by committee (11-0).
5/7/19 – Passed the House by a 90-2 vote.