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Louisiana Laws

RESTRICTIONS

Providers are restricted from performing medication and surgical abortions in Louisiana with NO exceptions for rape or incest (RS 40:1061).  The only exceptions are:

  • "Medically futile"=profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth '

  • Medical emergency/life of the mother sections are murky

    •  two sections just identify "health risk" (§1061.1.3, §1061.13)

    •  one section specifies "serious, permanent, impairment of a life sustaining organ" (§1061 F)

    •  another section requires a "determination of post fertilization age" (§1061.1.2) which includes:

      • tests and

      • making "inquiries of the woman" (perhaps the woman needs to be unconscious so she can't admit to the date of fertilization?)

  • There is another "exception" that allows "a contraceptive measure...administered prior to the time when a pregnancy could be determined through conventional medical testing and if ... administered in accordance with manufacturer instructions" (§1061 E), which sounds like emergency contraception (Plan B) might be allowed.

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PUNISHMENTS

The goal of this law was to stop abortions by closing abortion clinics and aid organizations that helped low-income women pay expenses. Under the law: 

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  • Women are not arrested for having abortions (even though abortion is considered "illegal")

  • Enforcement is through licensing power over the medical providers in the state

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***PLEASE USE THE CONTACT FORM FOR CORRECTIONS/ CLARIFICATIONS TO THIS INFORMATION***​

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