Women's Health Protection Act

The bill requires all abortion clinics to file an annual registration with the attorney general. The attorney general shall create and make available the registration form. While keeping identifying information of any women who sought an abortion private, the registration form must include the following information:

• The number of abortions performed at the clinic during the previous year, including the trimester in which the abortion was performed, based on appropriately maintained records kept by the clinic;
• A specific report for each abortion performed at or after 20 weeks' gestation;
• A description of the method or methods of abortion performed at the clinic;
• The name of each physician performing abortions at the clinic, along with the state of each physician's licensure, any board certifications or specialties maintained by the physician, and any disciplinary action taken against the physician in the last 5 years;
• The number of babies born alive at the clinic during the year, whether the babies were born prior to, during, or after the attempted completion of an abortion, whether or not these babies survived, whether or not they were viable, and whether or not they were transported to a hospital; and
• The number of patients, including women and born-alive infants, who were transported to a hospital from the clinic following a partially or fully completed abortion in the previous year.

The attorney general has 30 days to reject an inaccurate or incomplete registration form and 30 days from the date of discovery to reject a form that contains false or fraudulent information. Failure to file a registration form or operating without a registration form subjects an abortion clinic to a fine, a suspension, or closure. All registration forms and inspection or investigation forms are public records.

The attorney general has a duty to inspect, without notice, each registered abortion clinic at least annually. At a minimum, each inspection must determine whether the abortion clinic is performing abortions at or after 20 weeks' gestation and whether it is operating with:

• Medically modern ultrasound equipment;
• Equipment to preserve the life of and to resuscitate born-alive infants;
• Legally approved methods of medical and hazardous waste disposal;
• Medically safe standards for sterilization of instruments and procedure areas and storage, medically safe policies for expired and opened medicines, and emergency exits sufficient to accommodate a stretcher or gurney; and
• Proper 'Health Insurance Portability and Accountability Act of 1996' policies.

If the attorney general finds an inspection violation, he or she may impose a fine up to $5,000 or impose a suspension or closure of the abortion clinic.

(Note: This summary applies to this bill as introduced.)