Bill
Number: S.B. 1367
Smith
Floor Amendment
Reference
to: HEALTH AND HUMAN SERVICES
Committee
amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
·
Requires
the Director of the Department of Health
Services to prescribe rules requiring an abortion clinic or a hospital that
performs an abortion at 20 weeks’ gestational age or later to establish,
document and implement policies and procedures to ensure compliance with the
requirements of a physician if the fetus is delivered alive and outlines what
those policies and procedures should include.
·
Subjects
a hospital that is not in substantial compliance with the aforementioned
policies and procedures to penalties and sanctions specified in statute.
Page 1, before line 1, insert:
"Page 3, line 36, after "age"
insert "as defined in section 36-2151"
Strike line 2 and insert:
"Page 5, line 24, after the second "article"
insert "and section 36-2301"
Page 9, line 10, after "alive;"
insert "rules;"; after "enforcement;" insert "civil
action; damages;"
Between lines 19 and 20, insert:
"C. The director shall prescribe rules requiring an abortion
clinic or a hospital that performs or induces an abortion at or after twenty
weeks' gestational age as defined in section 36‑2151 to establish,
document and implement policies and procedures to ensure compliance with this
section. At a minimum, these policies and procedures shall require that:
1. In
the case of an abortion clinic, a person is designated to contact emergency
services immediately at the birth of a fetus or embryo delivered alive to
arrange transfer to a hospital.
2. At
least one person who is trained in neonatal resuscitation is present in the
room where the abortion takes place for any abortion performed or induced at or
after twenty weeks' gestational age.
3. Establish
a protocol for rapid neonatal resuscitation of a fetus or embryo delivered
alive, including assessing respiration and heart rate, clearing secretions,
positioning the airway, providing warmth, drying and administering oxygen as
needed.
D. A
hospital that is not in substantial compliance with the rules or policies and
procedures adopted pursuant to this section may be subject to the penalties and
sanctions specified in sections 36‑427 and 36‑431.01.""
Reletter to
conform
Page 1, line
4, strike "D." insert "F."
Line 14,
strike "E." insert "G.";
strike "D" insert "F"
Line 21,
strike "D" insert "F"
Amend title to conform