HB2384 Summary

• Prohibits physicians from knowingly performing, inducing, or attempting abortion on a viable fetus except in cases of medical emergency, defining "medical emergency" narrowly as conditions threatening the pregnant woman's life or creating serious risk of substantial and irreversible impairment of a major bodily function.

• Requires physicians to determine fetal viability before performing any abortion (except in medical emergencies) by making necessary inquiries and performing medical examinations, imaging studies, and tests that a reasonably prudent physician would consider necessary.

• Establishes that violating the viability restriction is a Class 2 felony; permits pregnant women, fathers (if married to mother), and maternal grandparents (if mother under 18) to bring civil actions for damages including psychological and physical injuries plus statutory damages equal to 3 times the abortion cost.

• Imposes immediate license revocation for medical facilities performing illegal abortions and requires facilities to lose all state funding for 2 years and reimburse the state for moneys received during the fiscal year of the violation.

• Adds extensive legislative findings asserting fetal pain capacity at 20 weeks gestation and increased health risks to women from later-term abortions to justify the prohibition; exempts pregnant women from prosecution for conspiracy to violate the act.