SB23.html

31-9-20.
This article shall be known and may be cited as the 'Woman´s Right to Know Act.'

31-9-21.
As used in this article, the term:
(1) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(2) 'Attempt to perform an abortion' means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in Georgia in violation of this article.
(3) 'Medical emergency' means any condition which, on the basis of the physician´s good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(4) 'Physician' means a person licensed to practice medicine and surgery under Article 2 of Chapter 34 of Title 43.
(5) 'Probable gestational age of the unborn child' means what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed.
(6) 'Qualified agent' means the agent of the physician who is a licensed psychologist, licensed social worker, licensed professional counselor, licensed physician´s assistant, registered nurse, or physician.

31-9-22.
No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The female is told the following, by telephone or in person, by the physician who is to perform the abortion, at least 24 hours before the abortion:
(A) The name of the physician who will perform the abortion;
(B) The particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;
(C) The probable gestational age of the unborn child at the time the abortion is to be performed; and
(D) The medical risks associated with carrying her child to term.
The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied the physician by the female and whatever other relevant information is reasonably available to the physician. Such information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the female and the female is able to ask questions of the physician. If a physical examination, tests, or the availability of other information to the physician subsequently indicates, in the medical judgment of the physician, a revision of the information previously supplied to the patient, that revised information may be communicated to the patient at any time prior to the performance of the abortion. Nothing in this Code section may be construed to preclude provision of required information in a language understood by the patient through a translator;
(2) The female is informed, by telephone or in person, by the physician who is to perform the abortion or by a qualified agent of the physician at least 24 hours before the abortion:
(A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;
(B) That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and
(C) That she has the right to review the printed materials described in Code Section 31-9-23, that these materials are available on a state sponsored website, and what the website address is. The physician or the physician´s agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child and list agencies which offer alternatives to abortion. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee.
The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials other than on the website;
(3) The female certifies in writing prior to the abortion that the information described in paragraphs (1) and (2) of this Code section has been furnished to her and that she has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of this Code section; and
(4) Prior to the performance of the abortion, the physician who is to perform the abortion or the physician´s agent receives a copy of the written certification prescribed by paragraph (3) of this Code section.
31-9-23.
(a) Within 90 days after this article first becomes effective, the Department of Human Resources shall cause to be published in English and in each language which is the primary language of 2 percent or more of the state´s population and shall cause to be available on the state website provided for in subsection (d) of this Code section the following printed materials in such a way as to ensure that the information is easily comprehensible:
(1) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer; and
(2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child´s survival and pictures or drawings representing the development of unborn children at two-week gestational increments, provided that any such pictures or drawings must contain the dimensions of the fetus and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with each such procedure and the medical risks commonly associated with carrying a child to term.
(b) The materials referred to in subsection (a) of this Code section shall be printed in a typeface large enough to be clearly legible. The website provided for in subsection (d) of this Code section shall be maintained at a minimum resolution of 72 pixels per inch.
(c) The materials required under this Code section shall be available at no cost from the Department of Human Resources upon request and in appropriate number to any person, facility, or hospital.
(d) The Department of Human Resources shall develop and maintain a secure Internet website to provide the information described in this Code section.

31-9-24.
When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physician´s judgment that an abortion is necessary to avert her death or that a 24 hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.

31-9-25.
Any physician who complies with the provisions of this article shall not be held civilly liable to a patient for failure to obtain informed consent to abortion.

31-9-26.
Any physician who intentionally, knowingly, or recklessly fails to obtain informed consent pursuant to this article shall be guilty of unprofessional conduct pursuant to paragraph (7) of subsection (a) of Code Section 43-34-37. No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No penalty or civil liability may be assessed for failure to comply with subparagraph (C) of paragraph (2) of Code Section 31-9-22 or that portion of paragraph (3) of Code Section 31-9-22 requiring a written certification that the female has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of Code Section 31-9-22 unless the Department of Human Resources has made the printed materials available at the time the physician or the physician´s agent is required to inform the female of her right to review them.

31-9-27.
In every civil proceeding or action brought under this article, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. This Code section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.

31-9-28.
(a) Nothing in this article shall be construed as creating or recognizing a right to abortion.
(b) This article is not intended to make lawful an abortion which would otherwise be unlawful.

31-9-29.
If any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words of this article or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable, and the balance of this article shall remain effective notwithstanding such unconstitutionality. The General Assembly declares that it would have enacted this article and each Code section, subsection, sentence, clause, phrase, or word thereof irrespective of the fact that any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words would be declared unconstitutional.