HB493 Alabama 2014 Session

Summary

Primary Sponsor

Kurt Wallace

Republican

Session

Regular Session 2014

Title

Abortions, pregnant woman may not receive an abortion based on lethal fetal anomaly, unless made aware of perinatal hospice services, penalties, civil sanctions, Perinatal Hospice Information Act

Summary

HB493 would require that a woman facing a lethal fetal anomaly be informed about perinatal hospice options before any abortion, with penalties for providers who don’t comply and a framework for civil and professional consequences.

What This Bill Does

Requires physicians to inform the patient about perinatal hospice services and offer this option at least 48 hours before an abortion for a lethal fetal anomaly. Gives the patient a free, location-organized list of perinatal hospice programs and notes that materials are available on the department website. If the patient declines hospice care, she must certify her decision in writing and confirm receipt of the materials. Establishes penalties for violations, civil damages, and professional disciplinary actions, and directs the Department of Public Health to publish and update related materials and adopt rules as needed.

Who It Affects

• Pregnant women diagnosed with a lethal fetal anomaly and their families (must be informed about perinatal hospice and may choose hospice or abortion; the woman herself cannot be penalized).
• Physicians and other abortion providers (subject to penalties for noncompliance, civil liability, and possible license discipline).
• Department of Public Health (responsible for publishing materials and maintaining the hospice program list and website; may adopt implementing rules).

Key Provisions

• Title and purpose: Establishes the Perinatal Hospice Information Act to ensure information about perinatal hospice is provided when lethal fetal anomaly is diagnosed.
• Inform and offer: For lethal fetal anomalies, requires oral, in-person notification that perinatal hospice is available and to offer this alternative to abortion, at least 48 hours before the abortion. Provides a free, regionally organized list of perinatal hospice programs and notes materials are on the department website.
• Written certification: If hospice is declined, the patient must certify in writing the decision and receipt of materials.
• Department duties: Publish printed materials within 60 days and add them to the department website within 60 days, including a comprehensive list of agencies and contact information; department may adopt implementing rules.
• Definitions: Clarifies terms such as lethal fetal anomaly, perinatal hospice, and related health terms.
• Penalties: Violators face Class B misdemeanor (first offense), Class A misdemeanor (second), and Class C felony (third or subsequent); no penalties for the woman.
• Civil and professional consequences: Allows civil damages for noncompliance; convictions can affect professional licensing; attorneys’ fees may be awarded to the prevailing party.
• Severability and effective date: Provisions are severable; act becomes effective on the first day of the third month after passage.
• Local funds note: Acknowledges possible local fund effects but states the bill is exempt from local expenditure requirements under Amendment 621 due to its crime-definition aspects.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Abortion