HB 1721 Summary

• Prohibits performing or attempting to perform dismemberment abortions unless necessary to prevent serious health risk to the pregnant woman, with exception for post-viability abortions intended to produce live birth or removal of dead unborn child.

• Allows persons accused of violation to seek hearing before State Board of Medical Licensure and Supervision; establishes criminal penalty of fine up to $10,000 and/or imprisonment up to 2 years.

• Creates civil cause of action for injunctive relief and damages (including actual injuries plus statutory damages of three times the abortion cost) maintainable by the pregnant woman, her relatives, healthcare providers, or prosecuting attorney.

• Provides for reasonable attorney fees to prevailing plaintiff; bars attorney fees against the pregnant woman except when defendant prevails and plaintiff's suit found frivolous and brought in bad faith.

• Protects pregnant woman's identity from public disclosure in all proceedings unless she consents; requires non-government plaintiffs to use pseudonyms; effective November 1, 2015.