§1061.1.3. Louisiana Unborn Child Protection from Dismemberment Abortion Act
A. This Section shall be known and may be cited as the "Louisiana Unborn Child
Protection from Dismemberment Abortion Act".
B. Repealed by Acts 2022, No. 545, §4.
C.(1) Notwithstanding any other provision of law, it shall be unlawful for any person
to intentionally perform or attempt to perform a dismemberment abortion and thereby kill
an unborn child unless necessary to prevent serious health risk to the unborn child's mother.
(2) No woman upon whom an abortion is performed or attempted to be performed
shall be thereby liable for performing or attempting to perform a dismemberment abortion.
No nurse, technician, secretary, receptionist, or other employee or agent who is not a
physician but who acts at the direction of a physician, and no pharmacist or other individual
who is not a physician but who fills a prescription or provides instruments or materials used
in an abortion at the direction of or to a physician shall be thereby liable for performing or
attempting to perform a dismemberment abortion.
D. Whoever violates the provisions of this Section shall be fined not more than one
thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or
both. In addition to whatever remedies are otherwise available under the laws of this state,
failure to comply with the provisions of this Section shall provide all of the following:
(1) A basis for a cause of action for civil damages for injuries and wrongful death
as more fully set forth in Civil Code Articles 2315.1 and 2315.2, whether or not the unborn
child was viable at the time the abortion was performed, or was born alive, except that such
causes of action shall be maintained only by the following persons:
(a) The natural or biological father of the aborted infant or fetus, unless such father's
criminal conduct caused the pregnancy.
(b) The mother of the aborted infant or fetus, subject to the provisions of Subsection
F of this Section.
(c) The parents or guardian on behalf of the mother of the aborted infant or fetus if
the mother was a minor at the time of the abortion, unless the parents or guardian consented
to the dismemberment abortion.
(2) A basis for professional disciplinary action under R.S. 37:1261 et seq.
E.(1) A physician charged with an offense pursuant to this Section may seek a
hearing before the Louisiana State Board of Medical Examiners on whether the physician's
conduct was necessary to save the life of the mother whose life was endangered by a physical
disorder, physical illness, or physical injury, including a life-endangering physical condition
caused by or arising from the pregnancy itself.
(2) The findings concerning the issue provided for in Paragraph (1) of this
Subsection are admissible on that issue at the trial of the physician. Upon motion of the
physician, the court shall delay the beginning of the trial for not more than thirty days to
permit such hearing to take place; however, this delay may be extended for good cause.
F. When requested, the court shall allow a woman to proceed using solely her initials
or a pseudonym and may close any proceedings in the case and enter other protective orders
to preserve the privacy of the woman upon whom the abortion was performed.
G. Any person who is not a physician or not otherwise legally authorized by the state
to perform abortions, but who nevertheless directly performs a dismemberment abortion,
shall be subject to the provisions of this Section.
H. Nothing in this Section shall be construed as creating or recognizing a right to
abortion, or a right to a particular method of abortion.
I. The provisions of R.S. 40:1061.1 shall apply to this Section.
Acts 2016, No. 264, §1; Acts 2022, No. 545, §§3, 4, 6C; Redesignated from R.S.
40:1061.1.1.
NOTE: Former R.S. 40:1061.1.3 redesignated as R.S. 40:1061.1.5 by Acts 2022, No.
545, §6C.