CS/HB 839 Summary

• Establishes the "Pain-Capable Unborn Child Protection Act" prohibiting abortion after 20 weeks postfertilization age, except when necessary to avert maternal death or serious risk of substantial irreversible physical impairment to a major bodily function

• Requires physicians performing abortions to first determine the probable postfertilization age of the unborn child through appropriate medical examination and inquiries, with failure to comply subject to disciplinary action

• Mandates physicians report abortion data to the Department of Health including postfertilization age determination, method used, and basis for any medical emergency exception; late reports subject to $500 penalty per 30-day period

• Creates civil causes of action allowing women, fathers, and certain third parties (including the Attorney General) to sue for damages and injunctive relief for intentional or reckless violations; criminalizes violations as a third-degree felony punishable under existing sentencing guidelines

• Establishes that no penalties or damages may be assessed against the pregnant woman; requires Department of Health to adopt compliance rules within 90 days; effective July 1, 2012