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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0719.01 JBB SENATE BILL 98­121

STATE OF COLORADO

BY SENATOR Congrove

HEWI

A BILL FOR AN ACT

CONCERNING PARTIAL­BIRTH ABORTIONS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Establishes that unless necessary to protect the life of the pregnant woman, the performance of a partial­birth abortion constitutes unprofessional conduct for any medical doctor or doctor of osteopathy. Defines partial­birth abortion as an abortion where a person partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

Establishes that, if a hearing panel of the state board of medical examiners finds that charges of unprofessional conduct for the performance of a partial­birth abortion have been proven, the hearing panel shall order that the person's license to practice be revoked.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  12­36­117 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­36­117.  Unprofessional conduct. (1)  "Unprofessional conduct" as used in this article means:

(b.5) (I)  PERFORMANCE OF A PARTIAL­BIRTH ABORTION EXCEPT WHEN THE PROCEDURE IS NECESSARY TO SAVE THE LIFE OF THE MOTHER WHOSE LIFE IS ENDANGERED BY A PHYSICAL DISORDER, PHYSICAL ILLNESS, OR PHYSICAL INJURY AND NO OTHER MEDICAL PROCEDURE WOULD SUFFICE FOR THAT PURPOSE;

(II)  AS USED IN THIS PARAGRAPH (b.5), "PARTIAL­BIRTH ABORTION" MEANS AN ABORTION IN WHICH THE PERSON PERFORMING THE ABORTION PARTIALLY VAGINALLY DELIVERS A LIVING FETUS BEFORE KILLING THE FETUS AND COMPLETING THE DELIVERY.

(III)  NOTWITHSTANDING THE PROVISIONS OF SECTION 12­36­118 (5) (g) (III), IF AT A HEARING CONDUCTED PURSUANT TO SECTION 12­36­118, THE HEARINGS PANEL FINDS THAT CHARGES OF UNPROFESSIONAL CONDUCT DUE TO THE PERFORMANCE OF A PARTIAL­BIRTH ABORTION HAVE BEEN PROVEN, THE PANEL SHALL ORDER THAT THE PERSON'S LICENSE TO PRACTICE BE REVOKED.

SECTION 2.  Effective date ­ applicability. (1)  This act shall take effect September 1, 1998, unless a referendum petition is filed during the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to procedures performed on or after the applicable effective date of this act.