HB 7 Summary

• Prohibits abortion after fetal viability except when necessary to prevent death or serious risk of substantial bodily function impairment to the pregnant woman, as determined by physician good faith medical judgment.

• Establishes rebuttable presumption that an unborn child at 24 weeks gestational age or later is viable; violations constitute a felony of the fourth degree with mandatory medical license revocation.

• Requires physicians to perform viability testing after 22 weeks gestation using medical examination and appropriate tests for gestational age, weight, and lung maturity before performing abortion; failure to test is a misdemeanor of the fourth degree with mandatory 6-month license suspension.

• When medical emergency exception applies and viability defense is claimed, requires second independent physician certification, abortion performed in facility with neonatal services, use of method providing best survival chance, and attendance of second physician to provide immediate care to child upon expulsion.

• Allows pregnant women to sue physicians who perform post-viability abortions in violation of the law for compensatory and exemplary damages plus attorney fees; explicitly shields pregnant women from criminal liability or civil suit.