SB 1367 Summary

• Requires abortion clinics to establish policies and procedures for neonatal resuscitation when a fetus or embryo is delivered alive during abortion procedures at or after 20 weeks gestational age, including designating personnel to contact emergency services and requiring at least one person trained in neonatal resuscitation present during the procedure.

• Imposes a duty on physicians performing abortions to use all available medical means and skills to promote, preserve, and maintain the life of any fetus or embryo delivered alive, with documentation and reporting requirements to the department of health services.

• Allows civil actions by the mother, father, or maternal grandparents to seek damages for violations of these requirements, including statutory damages of $5,000 or three times the abortion cost (whichever is greater), plus actual damages and attorney fees.

• Requires reporting of whether a fetus or embryo was delivered alive during an attempted abortion and certification by the physician and clinical staff that the fetus or embryo was not delivered alive, with expanded abortion reporting requirements to the department of health services.

• Specifies that "delivered alive" means complete expulsion or extraction from the mother showing any evidence of life, including breathing, heartbeat, umbilical cord pulsation, or voluntary muscle movement.