HF 3849 Summary

• Prohibits dismemberment abortion procedures, defined as purposely dismembering a living unborn child and extracting it piece-by-piece using instruments like clamps, forceps, scissors, or similar tools, unless necessary to prevent serious health risk to the mother.

• Excludes suction-only abortion methods from the dismemberment abortion definition, though suction used after the unborn child is already dead through other means is included.

• Establishes criminal penalty of $10,000 fine and/or up to 2 years imprisonment for violations, with no liability for the woman receiving the abortion or non-physician staff acting under physician direction.

• Creates civil cause of action for damages against physicians who violate the ban, allowing suits by the woman, married father, or maternal grandparents (if woman is under 18 or deceased), with awards including actual damages plus statutory damages equal to three times the procedure cost.

• Allows accused persons to seek medical board hearing on whether the procedure was medically necessary, and requires courts to preserve woman's anonymity in proceedings unless she consents to disclosure.