Rep. CASKEY proposes the following Amendment No. to H. 5399 (COUNCIL\VR\5399C040.CC.VR22):

Reference is to the bill as introduced.

Amend the bill, as and if amended, SECTION 3, Section 44-41-810, by adding an appropriately numbered item at the end to read:

/ (__) 'Minor' means an individual who is under eighteen years of age. /

Amend the bill further, SECTION 3, by striking Section 44-41-830(A) and inserting:

/ Section 44-41-830.(A)(1) It is not a violation of Section 44-41-820 for a licensed physician to perform a medical procedure necessary in reasonable medical judgment to prevent:

(a) the death of the pregnant woman;

(b) a substantial risk of death for the pregnant woman because of a physical condition; or

(c) the substantial physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.

However, the physician shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent it does not substantially risk the death or physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions and in a manner consistent with reasonable medical practice. A medical procedure shall not be considered necessary if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.

(2) It is not a violation of Section 44-41-820 for a licensed physician to perform, induce, or attempt to perform or induce an abortion on a pregnant woman if:

(a) the licensed physician received information that gives him reason to believe the pregnancy is the result of criminal sexual conduct with a minor or criminal sexual conduct, and the probable post-fertilization age of the fetus is fewer than sixteen weeks; or

(b) the licensed physician received information that gives him reason to believe the pregnancy is the result of incest of a minor, and the probable post-fertilization age of the fetus is fewer than sixteen weeks.

However, the physician shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent it does not substantially risk the death or physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions and in a manner consistent with reasonable medical practice. A medical procedure shall not be considered necessary if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function. /