SF5179

Purpose

This bill aims to protect pregnant minors from being forced or pressured to have an abortion. It adds screening to detect coercion, requires information and notices to be posted in abortion-related facilities, creates civil remedies for noncompliance, expands penalties for coercion, and adds staff training on human trafficking. It also establishes rules for how abortion procedures are documented and how consent is handled, and it directs the health department to adopt implementing rules.

Key Provisions

• Definitions relevant to abortion and coercion:
  • Abortion, abortion facility, abortion-inducing drug, minor, and “coerce” (to use domination or control to force a minor to seek or obtain an abortion).
• Prohibition of coercion:
  • It is a felony to force or coerce a pregnant minor to seek or obtain an abortion.
  • Certain acts related to coercion (assault, threats, blackmail, taking advantage of weakness or trafficking, etc.) can be charged as a gross misdemeanor.
• Verbal and written consent rules:
  • Before an abortion, providers must verify the patient’s age with government- or school-issued photo ID (if the patient is under 18, consent must be voluntary and informed; those 30+ do not require ID verification).
  • The pregnant minor and her parent/guardian have rights related to informed consent and protection from coercion.
• Notice and signage requirements:
  • Private abortion facilities must display a conspicuous sign in waiting rooms and consultation rooms stating that forcing an abortion is illegal and that the patient has the right to refuse, along with contact information for law enforcement and protection.
  • Hospitals and other non-private facilities must also post similar notices.
  • In telemedicine, providers must convey the same information verbally and in writing.
• Civil remedies and liability:
  • Civil actions are allowed for failures to post or provide the required notices, with potential damages for emotional distress.
  • There are presumptions in civil cases about whether the minor would have chosen differently if proper notices and informed consent had been provided.
  • Attorney fees may be awarded to the prevailing party.
  • A wrongful death action may be brought by the pregnant minor or her parents/guardians for the unborn child against the person who coerced the abortion.
  • No civil liability may be assessed for failure to post or provide certain information unless the health department has made those materials available.
• Screening requirements and reporting:
  • Providers must screen pregnant minors to determine if coercion or trafficking is involved.
  • If coercion is suspected, providers must offer private access to a phone, information about transportation and services, inform the parent/guardian, and contact county child protective services.
  • If coercion is suspected but not disclosed by the minor, providers must inform law enforcement, notify the parent/guardian, and contact child protective services.
• Training and implementation:
  • Facilities that perform more than 50 abortions in 12 months must ensure staff complete training on identifying and assisting victims of human trafficking, using a Department of Health–developed course.
  • A health- and safety-related assessment must be conducted during the initial consultation to identify potential coercion and preexisting risk factors for adverse psychological outcomes after abortion.
• Penalties and enforcement:
  • Violations of signage, posting, and screening requirements carry fines (administrative fines, including a $10,000 fine per violation, with each violation being treated separately).
  • Civil actions may seek actual and punitive damages, and attorney fees in some cases.
• Rulemaking and effective date:
  • The Department of Health must adopt implementing rules no later than December 1, 2027.

How this changes current law

• Establishes new criminal prohibitions on coercing a pregnant minor to obtain an abortion, expanding criminal liability related to abortion and coercion.
• Creates new duties for health facilities and abortion providers, including verification of age, consent protections, and post-encounter notices.
• Adds mandatory screening for coercion and trafficking risks in abortion-related services, plus a pathway to involve protective services and law enforcement.
• Introduces civil liability for failures to comply with notices, screenings, and informed-consent requirements, including presumptions about whether the minor would have proceeded with an abortion if properly informed.
• Requires staff training on human trafficking in relevant facilities and sets performing thresholds for who must comply with training.
• Creates new rules and implementation timelines through the health department.

Relevant Terms - coercion - pregnant minor female - abortion - abortion facility - abortion-inducing drug - minor - coerce - evidence of coercion - notice/sign posting - private office or freestanding outpatient clinic - hospital - informed consent - parental rights/guardian notification - county child protective services - law enforcement - trafficking of persons / human trafficking - screening - transportation assistance - wrongful death of the unborn child - civil action / damages (actual and punitive) - administrative fines - criteria for certification and notification - government- or school-issued photographic ID - age verification (under 18 vs 30 years and older) - rulemaking - Department of Health - Serving Survivors of Human Trafficking in Health Care (training program)