La. Public Health and Safety § 40:2175.10

Current with changes from the 2024 Legislative Session

Section 40:2175.10 - Procedure for closing outpatient abortion clinics in the event abortion is declared illegal

A. Except as provided in Subsection C of this Section, the secretary shall apply the provisions of R.S. 40:1061.1 and 2175.9 and based upon the final decision of the Supreme Court of the United States in the case of Dobbs v. Jackson Women's Health Organization, Docket No. 19-1392, the secretary shall issue whichever one of the applicable cease and desist orders apply, as follows:

(1) The outpatient abortion facility shall be ordered closed and the facility shall immediately cease and desist performing abortions because the Human Life Protection Act, R.S. 40:1061, or R.S. 14:87.7 has been enacted and the practice of abortion in Louisiana has been prohibited by law.

(2) The outpatient abortion facility shall be ordered to cease and desist performing late term abortions, as is prohibited in R.S. 14:87.8, because the Supreme Court of the United States has provided for the states to prohibit abortions when the gestational age of the unborn child is fifteen weeks or more.

(1) Any person who violates a cease and desist order of the secretary after it has become final and while such order is in effect shall, upon proof thereof to the satisfaction of the court, be ordered by the court to forfeit and pay to the attorney general a sum not less than ten thousand dollars nor more than fifty thousand dollars per violation.

(2) Each abortion performed in violation of the cease and desist order issued pursuant to this Section shall constitute a separate violation.

C. The provisions of Subsections A and B of this Section shall not apply if the decision rendered by the Supreme Court of the United States in the case of Dobbs v. Jackson Women's Health Organization, Docket No. 19-1392, which overrules, in whole or in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), does not restore to the states the authority to prohibit or limit abortion.

La. Public Health and Safety § 40:2175.10

Acts 2022, No. 545, §3.

Added by Acts 2022, No. 545,s. 3, eff. 6/17/2022.