Louisiana Law

PROTECTS BABIES AND THEIR MOTHERS!

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Post-Roe Facts.
Let’s Clear It Up.

Human Life Protection Act

The Supreme Court has reversed Roe v. Wade, restoring to states the ability to protect unborn babies from the violence of abortion.  With this decision, Louisiana law should immediately go into effect, safeguarding the right to life of precious children waiting to be born. 

The Louisiana 2022 Reaffirmation of Human Life Protection Act (Act 545 / LA R.S. 14.87.7) distinctly makes elective abortions illegal and defines these abortions as the “performance of any act with the intent to terminate a clinically diagnosable pregnancy with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.”

Abortion starves, tears, dismembers, crushes, and kills a living human being. Thankfully, our laws will now protect the lives of innocent, living babies from elective abortion. 

These illegal elective abortions are not to be conflated with proportionate pregnancy care for the mother and the unborn child that occurs in our hospitals and doctor’s offices. we have noticed the growing amount of misinformation about the effects of abortion laws on the medical practice of Louisiana physicians. Some statements have suggested that physicians would not be able to provide necessary care. The Human Life Protection Act clearly defines those actions which are not considered abortions under the legal definition of elective abortion. The following sections address some of the misinformation

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ectopic pregnancy

Louisiana law is clear that Louisiana physicians should provide the necessary care when a mother is diagnosed with an ectopic pregnancy. Their ability to care for women in these medical emergencies has not changed.

RS 14.87.1(1)(b) says, “Abortion shall not mean any one or more of the following acts, if performed by a physician: 

  • “(iii)The removal of an ectopic pregnancy” 
  • “(iv)The use of methotrexate to treat an ectopic pregnancy.” 

The Mayo Clinic explains ectopic pregnancy as follows, “Normally, the fertilized egg attaches to the lining of the uterus. An ectopic pregnancy occurs when a fertilized egg implants and grows outside the main cavity of the uterus. An ectopic pregnancy most often occurs in a fallopian tube, which carries eggs from the ovaries to the uterus. This type of ectopic pregnancy is called a tubal pregnancy. Sometimes, an ectopic pregnancy occurs in other areas of the body, such as the ovary, abdominal cavity or the lower part of the uterus (cervix), which connects to the vagina. An ectopic pregnancy can’t proceed normally. The fertilized egg can’t survive, and the growing tissue may cause life-threatening bleeding, if left untreated.” And, “If the fertilized egg continues to grow in the fallopian tube, it can cause the tube to rupture.” Louisiana physicians should not hesitate to act in the event of an ectopic pregnancy.

miscarriage management

Louisiana law is clear that Louisiana physicians can provide the necessary care when a mother has miscarried her unborn child.

RS 14.87.1(1)(b) says, “Abortion shall not mean any one or more of the following acts, if performed by a physician: 

  • “(ii)The removal of a dead unborn child or the inducement or delivery of the uterine contents in case of a positive diagnosis, certified in writing in the woman’s medical record along with the results of an obstetric ultrasound test, that the pregnancy has ended or is in the unavoidable and untreatable process of ending due to spontaneous miscarriage, also known in medical terminology as spontaneous abortion, missed abortion, inevitable abortion, incomplete abortion, or septic abortion.”

When a woman’s body does not naturally pass a child’s remains, she may need the remains removed in order to preserve her health. Some medications or procedures that are used when performing illegal elective abortions are also used for removing the remains of a dead unborn child. The law clearly allows physicians to use these medications or procedures when removing a dead unborn child. Furthermore, the law is clear that illegal elective abortions are committed when there is a specific intent to cause the death of an unborn child.

life-threatening situations

Louisiana law is clear that Louisiana physicians can provide the necessary care when a mother’s life is in danger.

RS 14.87.1(1)(b) says, “Abortion shall not mean any one or more of the following acts, if performed by a physician:” 

  • “(v)The performance of a medical procedure necessary in good faith medical judgment or reasonable medical judgment to prevent the death or substantial risk of death to the pregnant woman due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with reasonable medical practice.” 

And, RS 14.87.1(1)(b) says the following about the termination of pregnancy to save an unborn child, “Abortion shall not mean any one or more of the following acts, if performed by a physician:” 

  • “(i) A medical procedure performed with the intention to save the life or preserve the health of an unborn child.”

If a pregnancy needs to end because of a condition that is endangering the mother, or even endangering her unborn child, Louisiana law allows room for physicians to proceed with actions they deem necessary to save lives.  It is impossible for Louisiana law to list every possible complication or emergency or to provide step-by-step guidelines for how physicians can handle these situations.  Because of this, the law quoted above repeatedly makes reference to these decisions being made with the “good faith medical judgment” of physicians consistent with “reasonable medical practice.”  These terms are defined under the same section as “a physician’s use of reasonable care and diligence, along with his best judgment, in the application of his skill. The standard of care required of every healthcare provider, in rendering professional services or health care to a patient, shall be to exercise that degree of skill ordinarily employed, under similar circumstances, by the members of his profession in good standing in the same community or locality.”  Louisiana law is deferring the judgment of complex medical situations to the expertise of a physician, as long as the physician is acting with the intent to save the life of the mother and under medical necessity.

It is our opinion that Louisiana law is telling physicians to practice good medicine and care for patients in emergencies. Our practice of helping our patients has not changed in a post-Roe landscape.

emergency contraception

Louisiana law clearly does not include any form of contraception within it’s definition of abortion.

RS 14.87.1(2)(b) says,Abortion-inducing drug shall not mean a contraceptive, an emergency contraceptive, or the use of methotrexate to treat an ectopic pregnancy. 

The terms “contraceptive” and “emergency contraceptive” are further defined in RS 14.87.6 and RS 14.87.8 respectively:

“Contraceptive” means any device, measure, drug, chemical, or product, including single-ingredient levonorgestrel, that has been approved by the United States Food and Drug Administration for the purpose of preventing pregnancy and is intended to be administered prior to the time when a clinically diagnosable pregnancy can be determined, provided that the contraceptive is sold, prescribed, or administered in accordance with manufacturer’s instructions.”

(8) “Emergency contraceptive” means a drug, chemical, or product, including but not limited to single-ingredient levonorgestrel or ulipristal, that has been approved by the United States Food and Drug Administration designed or intended to be taken after sexual intercourse but prior to the time when a clinically diagnosable pregnancy can be determined, provided that the emergency contraceptive is sold, prescribed, or administered in accordance with manufacturer’s instructions or is prescribed in accordance with the standard of care that generally accepted by the American College of Obstetricians and Gynecologists.

While there are varying medical opinions on the abortifacient nature of certain contraceptives, Louisiana law does not define contraceptives or emergency contraceptives as abortion.

help for moms in a crisis pregnancy

We understand women in crisis pregnancies face real challenges: real solutions are available. Louisiana has an abundance of private and public resources ready to help them. Find help near you today: FindHelpLa.com

A pregnancy center is a local, non-profit organization designed to help those facing an unplanned pregnancy. All services are free and confidential. The services offered by a center vary, but generally, pregnancy centers offer free pregnancy tests, counseling services, ultrasounds, baby supplies, maternity clothes, parenting or adoption assistance, financial and material resources for groceries, transportation, childcare options, housing and safety help, family assistance referrals, and much more for a mother both before and after the birth of her baby.

Many financial and material resources are available in Louisiana to those facing unplanned pregnancies, and pregnancy centers and adoption agencies are eager to connect you with those resources. If you are pregnant and in need of help, we strongly encourage you to find a center near you.

Louisiana law protects the ability of physicians to serve women and unborn babies with compassion and skill.

The important thing is that the physician is making reasonable efforts under the circumstances consistent with reasonable medical practices to preserve the life of the mother and the child. But as we know in medicine, reasonable medical efforts cannot always save everyone. Instead of defending their practice of aborting healthy babies, abortion advocates are resorting to misinformation to confuse the public.

It is time for media and abortion advocates to stop spreading the lie that necessary medical treatment would be at risk. This fear-mongering could be putting lives at risk as it may propel doctors to be hesitant to make emergent medical decisions, make pharmacists unwilling to prescribe pertinent medication, and lead to patients being too nervous to give honest explanations of their condition. 

Together, let’s ensure the public knows that women’s necessary healthcare is not at stake, and move forward with protecting unborn babies and their mothers.

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