§87.3. Prohibited cutting, resection, excision, harvesting, removal, sale, receipt, research,
commerce, or transport of fetal organs, tissues, and body parts; whistleblower
account
A. No person may knowingly and for money, including but not limited to fees for
storage or handling, any payments for reimbursement, repayments, or compensation, or any
other consideration:
(1) Buy, sell, receive, or otherwise transfer or acquire a fetal organ or body part
resulting from an induced abortion.
(2) Transport with the intent to sell or otherwise transfer a fetal organ or body part
resulting from an induced abortion.
(3) Transport a fetal organ or body part resulting from an induced abortion that has
been acquired by any person via any transaction prohibited by this Section.
B. Repealed by Acts 2022, No. 545, §4.
C. After an induced abortion has been completed, no person shall intentionally cut,
resection, excise, harvest, or remove any body part, organ, or tissue of the aborted unborn
child for any purpose prohibited by this Section, or for sale, commerce, transport, research,
or profit.
D.(1) Nothing in this Section shall be construed to prohibit any transaction related
to the final disposition of the bodily remains of the aborted human being in accordance with
state law, or to prohibit any conduct permitted under state law that is undertaken with any
of the following purposes:
(a) The purpose of providing knowledge solely to the mother, such as for
pathological or diagnostic purposes.
(b) The purpose of providing knowledge solely to law enforcement officers, such as
the case of an autopsy following a feticide.
(2) Nothing in this Section shall be construed to prohibit the donation of bodily
remains from a human embryo or fetus whose death was caused by a natural miscarriage or
stillbirth, in accordance with the guidelines and prohibitions provided in applicable state and
federal law.
(3) Nothing in this Section shall be construed to affect existing federal or state law
regarding the practice of abortion, or to create or recognize a right to abortion.
E. Any person who violates this Section shall be sentenced to a term of
imprisonment at hard labor for not less than ten nor more than fifty years, at least ten years
of which shall be served without benefit of probation or suspension of sentence, and may,
in addition, be required to pay a fine of not more than fifty thousand dollars.
F.(1) The Fetal Organ Whistleblower Account, hereinafter referred to as "the
account", is hereby created in the state treasury.
(2) The account shall be composed of any monies derived from appropriations by the
legislature and any gift, grant, devise, donation, or bequest of monies or properties of any
nature or description.
(3) An award of one thousand dollars shall be paid out of the account to any person
who provides evidence that results in the arrest and indictment of any other person for a
violation of this Section. Eligibility for an award pursuant to this Subsection shall be
determined by the district attorney or the attorney general, as appropriate.
(4) All monies deposited in the account shall be used solely to pay awards to persons
as provided by Paragraph (3) of this Subsection and shall be paid by the state treasurer upon
written order signed by the district attorney or the attorney general, as appropriate, except
that monies deposited in the account may be used to pay reasonable costs of administering
the account.
(5) The name and other identifying information of any person who is paid an award
pursuant to this Subsection shall remain confidential.
Acts 2016, No. 196, §1; Acts 2017, No. 243, §1, eff. June 14, 2017; Acts 2018, No.
645, §1, eff. June 1, 2018; Acts 2022, No. 545, §4.