2009 Louisiana Laws TITLE 40 Public health and safety :: RS 40:1299.35.7 Abortion sought due to rape or incest; reporting and certification

§1299.35.7.  Abortion sought due to rape or incest; reporting and certification

A.  Whenever an abortion is being sought pursuant to R.S. 40:1299.34.5 to terminate a pregnancy resulting from an alleged act of rape, prior to the abortion all of the following requirements shall be met:

(1)  The rape victim shall report the rape to a law enforcement official unless the treating physician certifies in writing that in the physician's professional opinion, the victim was too physically or psychologically incapacitated to report the rape.

(2)  The victim certifies that the pregnancy is the result of rape, which certificate shall be witnessed by the treating physician.

B.  Whenever an abortion is being sought pursuant to R.S. 40:1299.34.5 to terminate a pregnancy resulting from an alleged act of incest, prior to the abortion all of the following requirements shall be met:

(1)  The victim of incest shall report the act of incest to a law enforcement official unless the treating physician certifies in writing that in the physician's professional opinion the victim was too physically or psychologically incapacitated to report the incest.

(2)  The victim certifies that the pregnancy is the result of incest, which certificate shall be witnessed by the treating physician.

C.  The failure of the victim to comply with Subsection A or B, as applicable, shall not subject the victim to the provisions of R.S. 40:1299.35.18.

D.  Whenever an abortion is being sought pursuant to R.S. 40:1299.34.5 to terminate a pregnancy resulting from an alleged act of rape or incest, the victim may request spiritual counseling and shall be offered the same informed consent information, without the twenty-four-hour delay, contained in R.S. 40:1299.35.6(B), prior to the performance of the abortion.

Acts 1994, 4th Ex. Sess., No. 1, §1, eff. Aug. 23, 1994; Acts 2005, No. 421, §1.