Senators MASSEY and DAVIS proposed the following amendment (1R011.KMM.ASM):

Amend the bill, as and if amended, on page 5, by striking lines 1 through 15 and inserting:

/ Section 44-41-660.(A) Section 44-41-650 does not apply to a physician who performs or induces an abortion if:

(1) the pregnancy is the result of rape;

(2) the pregnancy is the result of incest; or

(3) the physician determines according to standard medical practice that a medical emergency exists that prevents compliance with the section.

(B) A physician who performs or induces an abortion on a pregnant woman based on the exception in either subsection (A)(1) or (2) must report the allegation of rape or incest to the sheriff in the county in which the abortion was performed. The report must be made within twenty-four hours of performing or inducing the abortion, may be made orally or otherwise, and shall include the name and contact information for the pregnant woman making the allegation. Prior to performing or inducing the abortion, the physician who performs or induces the abortion based upon an allegation of rape or incest must notify the pregnant woman that the physician will report the allegation of rape or incest to the sheriff. The physician shall make written notations in the pregnant woman's medical records that the abortion was performed pursuant to the applicable exception, that the doctor timely notified the sheriff of the allegation of rape or incest, and that the woman was notified prior to the abortion that the physician would notify the sheriff of the allegation of rape or incest.

( C)A physician who performs or induces an abortion on a pregnant woman based on the exception in subsection (A) (3) shall make written notations in the pregnant woman's medical records of the following:

(1) the physician's belief that a medical emergency necessitating the abortion existed; and

(2) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-650.

( D)For at least seven years from the date th at notations are made pursuant to subsection (B) or (C), the relevant physician shall maintain in his own records a copy of the notations. /

Amend the bill further, as and if amended, on page 8, line 34, by adding an appropriately numbered new SECTION to read:

/SECTION__. Section 44-41-60 of the 1976 Code is amended to read:

"Section 44-41-60. Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the state registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. The names of the patient and physician may not be reported on the form or otherwise disclosed to the state registrar. The form must indicate from whom consent was obtained, or circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-660, which exception the physician relied upon in performing or inducing the abortion." /