Health Women's Right to Know Act: Require Certain Types of Identification to Be Presented in Order for a Physician to Perform an Abortion; Change Provisions Relating to Required Participation by or Notice to Parents, Guardians, and Others and Court Proceedings for Waiver of Such Provisions; Provide That Abortions Must Be Performed in Certain Facilities and by Certain Persons; Provide for Certain Reports; Provide for Certain Forms; Provide for Certain Reports by the Department of Human Resources; Provide for Penalties and Remedies for Failure to Provide Such Reports; Enact the "woman's Right to Know Act"; Provide for a Short Title; Provide for Definitions; Require That a Female Give Her Informed Consent Prior to an Abortion; Require That Certain Information Be Provided or Made Available to a Female Prior to an Abortion; Require a Written Acknowledgement of Receipt of Such Information; Provide for the Preparation and Availability of Certain Information; Provide for Procedures in a Medical Emergency; Provide for

Georgia State University Law Review

Volume 22

Issue 1 Fafl 2005 ^ ²⁰

3-21-2012

HEALTH Women's Right to Know Act: Require Certain Types of Identification to be Presented in Order for a Physician to Perform an Abortion; Change Provisions Relating to Required Participation by or Notice to Parents, Guardians, and Others and Court Proceedings for Waiver of Such Provisions; Provide That Abortions Must Be Performed in Certain Facilities and By Certain Persons; Provide for Certain Reports; Provide for Certain Forms; Provide for Certain Reports by the Department of Human Resources; Provide for Penalties and Remedies for Failure to Provide Such Reports; Enact the "Woman's Right to Know Act";

Recommended Citation

Georgia State University Law Review (2005) "HEALTH Women's Right to Know Act: Require Certain Types of Identification to be Presented in Order for a Physician to Perform an Abortion; Change Provisions Relating to Required Participation by or Notice to Parents, Guardians, and Others and Court Proceedings for Waiver of Such Provisions; Provide That Abortions Must Be Performed in Certain Facilities and By Certain Persons; Provide for Certain Reports; Provide for Certain Forms; Provide for Certain Reports by the Department of Human Resources; Provide for Penalties and Remedies for Failure to Provide Such Reports; Enact the "Woman's Right to Know Act"; Provide for a Short Title; Provide for Definitions; Require That a Female Give Her Informed Consent Prior to an Abortion; Require That Certain Information Be Provided or Made Available to a Female Prior to an Abortion; Require a Written Acknowledgement of Receipt of Such Information; Provide for the Preparation and Availability of Certain Information; Provide for Procedures in a Medical Emergency; Provide for Reporting Requirements and Penalties for Noncompliance; Provide for Anonymity of Certain Persons in Civil Actions; Provide for Related Matters; Provide for Severability; Provide for an Effective Date; Repeal Conflicting Law; and for Other Purposes," Georgia State University Law Review: Vol. 22: Iss. 1, Article 20. Available at: http://digitalarchive.gsu.edu/gsulr/vol22/iss1/20

Provide for a Short Title; Provide for Definitions; Require That a Female Give Her Informed Consent Prior to an Abortion; Require That Certain Information Be Provided or Made Available to a Female Prior to an Abortion; Require a Written Acknowledgement of Receipt of Such Information; Provide for the Preparation and Availability of Certain Information; Provide for Procedures in a Medical Emergency; Provide for Reporting Requirements and Penalties for Noncompliance; Provide for Anonymity of Certain Persons in Civil Actions; Provide for Related Matters; Provide for Severability; Provide for an Effective Date; Repeal Conflicting Law; and for Other Purposes

Georgia State University Law Review

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: HEALTH Women's Right to Know Act: Require Certain Types of Ident

HEALTH

Woman's Right to Know Act: Require Certain Types of Identification to Be Presented in Order for a Physician to Perform an Abortion; Change Provisions Relating to Required Participation by or Notice to Parents, Guardians, and Others and Court Proceedings for Waiver of Such Provisions; Provide That Abortions Must Be Performed in Certain Facilities and by Certain Persons; Provide for Certain Reports; Provide for Certain Forms; Provide for Certain Reports by the Department of Human Resources; Provide for Penalties and Remedies for Failure to Provide Such Reports; Enact the "Woman's Right to Know Act"; Provide for a Short Title; Provide for Definitions; Require That a Female Give Her Informed Consent Prior to an Abortion; Require

That Certain Information Be Provided or Made Available to a Female Prior to an Abortion; Require a Written Acknowledgement of Receipt of Such Information; Provide for the Preparation and Availability of Certain Information; Provide for Procedures in a Medical Emergency; Provide for Reporting Requirements and Penalties for Noncompliance; Provide for Anonymity of Certain Persons in Civil Actions; Provide for Related Matters; Provide for Severability; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes

Code Sections:

Bill Number: Act Number: Georgia Laws: Summary:

O.C.G.A. §§ 15-11-111 to -112, -114 (amended), 16-12-141 to -141.1 (amended), 31-9A-1 to -8 (new) HB 197 400

2005 Ga. Laws 1450 The Act, known generally as the "Woman's Right to Know Act," requires that physicians inform women who are seeking an abortion, at least 24-hours prior to the abortion, of particular medical risks associated with the procedure, the probable gestational age of the unborn child, the medical

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risks associated with carrying the pregnancy to term, the availability of medical assistance benefits, and of the father's obligation to assist in child support. The Act further requires physicians performing abortions to inform their patients, more than 24-hours prior to the abortion procedure, of the availability of information describing the unborn child, listing agencies that offer alternatives to abortion, and information on fetal pain. The Act also amends parental notification requirements for unemancipated minors seeking abortions.

Effective Date: May 10,2005¹

History

Prior to the enactment of this bill, the State of Georgia had no statute outlining exactly what information a physician must convey to a patient seeking an abortion before obtaining her informed consent to perform the procedure.² Twenty-six other states adopted similar informed consent measures, but House Democratic leaders blocked previous attempts at adopting such a bill in Georgia.³ The November 2004 elections gave Republicans the numbers necessary to pass this type of legislation.⁴ Abortion-related legislation enacted in Georgia prior to the Act includes a ban on partial-birth abortions and a law requiring parental notification (or a stand-in such as a relative—one standing in loco parentis) when a minor seeks an abortion.⁵

1. See 2005 Ga. Laws 1450, § 7, at 1461. The Act became effective upon approval by the Governor. See id.

2. See O.C.G.A §§ 31-9A-1 to -8 (Supp. 2005); Carlos Campos, Abortion Foes Cheer House Vote, Atlanta J. Const., Feb. 24,2005, at Al.

3. Campos, supra note 2.

4. Id.

5. Id. This Act amends the parental notification requirement. See O.C.G.A § 15-11-112 (2005).

2005]

Bill Tracking ofHB 197 Consideration by the House

Representatives Sue Burmeister, James Mills, Tommy Smith, Len Walker, and Barry Fleming of the 119th, 25th, 168th, 107th, and 117th districts, respectively, sponsored HB 197.⁶ The House first read the bill on January 28, 2005.⁷ The House Committee on Health and Human Services favorably reported the bill, by substitute, on February 18, 2005, and the House passed the bill on February 23, 2005.⁸

The Bill, As Introduced

The primary objective of HB 197 was to impose more stringent notice requirements on doctors who perform abortions.⁹ The bill outlined what information a doctor must convey to a patient seeking an abortion for the doctor to deem that patient fully informed and able to consent to the procedure.¹⁰ As introduced, the bill required doctors to inform their patients by telephone or in person, except in cases of medical emergency, at least 24-hours prior to an abortion, of the following information:

[t]he particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks...