Oregon Pain Capable Unborn Child Protection Act 2015 (HB 2388)

This law was last updated on Oct 24, 2017


State

Oregon

Number

HB 2388

Status

Failed to Pass

Proposed

Jan 12, 2015

Topics

20-Week Bans, Later Abortion, Physicians Reporting Requirements, Reporting Requirements

Full Bill Text

olis.leg.state.or.us

HB 2388 would prohibit performing or inducing an abortion unless the physician first makes a determination that the fetus’s probable post-fertilization age is not older than 19 weeks, except in cases of a medical emergency.

The bill states that when a physician terminates a pregnancy for reasons other than a medical emergency, the abortion must be performed in a manner that provides the best opportunity for the “unborn child” to survive, unless in the physician’s reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function than would another method. No such greater risk would exist if it is based on a claim or diagnosis that the woman will engage in conduct which will result in her death or in substantial and irreversible physical impairment of a bodily function.

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

The purpose of the bill is to “assert a compelling state interest in protecting the lives of unborn children beginning at the stage at which substantial medical evidence indicates that they are capable of feeling pain.”

Physician Reporting Requirements

Abortion providers would be required to report certain information to the Oregon Health Authority, including:

  • if the determination of probable post-fertilization age was made, what was determined, and how it was determined;
  • if a determination of probable post-fertilization age was not made, why not—what was the basis for a determination that a medical emergency existed;
  • the method used to terminate the pregnancy; and
  • In the case of a termination performed when the probable post-fertilization age was
    not determined or was determined to be 20 or more weeks:

    • Whether the method used to terminate the pregnancy provided the best opportunity
      for the “unborn child” to survive;
    • Whether the “unborn child” survived the termination; and
    • If the method used did not provide the best opportunity for the “unborn child” to survive,the basis of the determination that termination of the pregnancy in that manner would have created a greater risk of death for the pregnant woman or of substantial and irreversible physical impairment of a major bodily function, other than psychological or emotional functions, of the pregnant woman than other available methods of terminating the pregnancy.

The bill bans abortion after 19 weeks, but would require physicians to report whether the post-fertilization age is 20 or more weeks. This may be a drafting error.

Reporting Requirements

The bill would require the Oregon Health Authority to issue a public report providing statistics compiled from all the reports provided by physicians by June 30 of each year.

STATUS

Based on model legislation drafted by the National Right to Life Committee.

Similar to SB 553, which failed to pass in 2013, except HB 2388 seems to ban abortion at 19 weeks, which may be a drafting error.


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