Biased Counseling & Mandatory Delay

A woman may not obtain an abortion until at least 24 hours after the attending physician, the referring physician, or the physician's agent tells her, by telephone or in person:  (1) the medical risks of the particular procedure; (2) the probable gestational age of the fetus; and (3) the medical risks of carrying the pregnancy to term.

In addition, at least 24 hours prior to the abortion, in person or by telephone, the woman must receive from the attending or referring physician or physician's agent, a state-mandated lecture that must include:  (1) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (2) that the "father" is liable for child support; and (3) that she has the right to review state-prepared materials on a state-sponsored website that describe the fetus, list agencies that offer alternatives to abortion, and contain information on fetal pain.  If the woman chooses to review materials in printed form, they must be given to her at least 24 hours before the abortion or mailed to her, by certified mail, at least 72 hours before the abortion.

The state-prepared materials must:  (1) provide a geographically indexed, comprehensive list of public and private agencies and services, including adoption agencies, available to assist the woman through pregnancy, upon childbirth, and while the child is dependent, or include a 24-hour toll-free hotline that may be called to obtain such a list; (2) describe with pictures the probable anatomical and physiological characteristics of the fetus at two-week gestational increments, including the possibility of survival; (3) describe the commonly employed abortion procedures, the medical risks associated with each, the "possible detrimental psychological effects of abortion," and the medical risks of carrying a pregnancy to term; and (4) give information on fetal pain concerning fetuses of 20 weeks or more gestational age and state that anesthesia is routinely administered to fetuses of 20 weeks gestational age or older who undergo prenatal surgery.

Ga. Code Ann. §§ 31-9A-1, -2, -5, -7, -8 (Enacted 2005), -3, -4, -6 (Enacted 2005; Last Amended 2007).

Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Georgia allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply?  Individuals, hospitals, medical facilities, pharmacists or physicians.

What does the refusal clause allow?  No person who objects in writing on moral or religious grounds may be required to fill a prescription for a drug intended to cause an abortion or to participate in procedures that result in an abortion.  The refusal of a person to participate may not be a basis for a claim for damages or other recriminatory action.  In addition, no hospital, medical facility, or physician may be required to admit a woman for the purpose of performing an abortion.

Must the refusal be in writing?  Yes.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Ga. Code Ann. § 16-12-142 (Enacted 1968; Last Amended 2006).

FAMILY PLANNING REFUSAL CLAUSE

Georgia allows certain individuals or entities to refuse to provide family planning and birth control services.

To whom does the refusal clause apply?  Employees of state agencies that administer family planning services.

What does the refusal clause allow?  Any employee of a state agency that administers family planning services, defined as family planning counseling, information, and referrals, and the distribution of contraceptive drugs and devices, may refuse to accept the duty of offering such services where the duty is contrary to the employee's religious beliefs.  An employee's refusal to offer family planning services shall not be grounds for any disciplinary action, dismissal, interdepartmental transfer, suspension, loss in pay, or any other discrimination in employment.  The director of the agency is, however, authorized to reassign the duties of the employee in order to provide family planning services effectively.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for family planning services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.  However, the director of an agency is authorized to reassign the duties of the employee in order to provide family planning services effectively.

Ga. Code Ann. § 49-7-2, -6 (Enacted 1966).

PHARMACIST REFUSAL CLAUSE

Georgia allows pharmacists to refuse to fill or refill prescriptions.

To whom does the refusal clause apply?  Pharmacists.

What does the refusal clause allow?  It is not considered unprofessional conduct for any pharmacist to refuse to fill any prescription based on his or her moral beliefs.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for prescription services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Ga. Admin. Code § 480-5-.03.

STERILIZATION REFUSAL CLAUSE

Georgia allows certain individuals or entities to refuse to perform or participate in sterilization procedures.

To whom does the refusal clause apply?  Hospitals, physicians, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital.

What does the refusal clause allow?  No physician, or any other person who is a member of or associated with the staff or a hospital, or any employee of a hospital in which a sterilization procedure has been authorized, who objects on moral or religious grounds is required to participate in the medical procedures or the committee procedures leading to a sterilization procedure.  The refusal shall not be the basis of any claim for damages or for disciplinary or recriminatory action.  No hospital may be required to admit a patient for the purpose of performing a sterilization procedure.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for sterilizing procedures?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Ga. Code Ann. § 31-20-6 (Enacted 1970).

Restrictions on Low-Income Women's Access to Abortion

Georgia prohibits public funding for abortion for women eligible for state medical assistance for general health care unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, or the pregnancy is the result of rape or incest.  Div. of Med. Assistance, Ga. Dep't of Cmty. Health, Medicaid Provider Manuals, Part II: Policies and Procedures for Physician Services, ch. 900, § 904.2 (Rev. Oct. 1, 2006) and Appendix H:  Abortions, Certificate of Necessity for Abortion (DMA-311) (Oct. 1, 2006), at https://www.ghp.georgia.gov/wps/output/en_US/public/Provider/MedicaidManuals/Physician_Services_v2_2009-01.pdf.

A lawsuit was filed challenging Georgia's policy of not funding medically necessary abortions.  The plaintiffs requested but were denied an order that would have prevented the state from denying public funding for medically necessary abortions for Medicaid eligible women.  Feminist Women's Health Ctr. v. Burgess, 2003-CV-78487 (Ga. Super. Ct. Dec. 23, 2003), rev'd, 651 S.E.2d 36 (Ga Sup. Ct. 2007).
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Restrictions on Young Women's Access to Abortion

Georgia law restricts young women's access to abortion. 

Is the law enforceable?  Yes.  A federal court held that this law is constitutional.  Planned Parenthood Ass'n of the Atlanta Area v. Miller, 934 F.2d 1462 (11th Cir. 1991).

Who is considered a minor?  A young woman under the age of 18 who has never been married and who is under the care, custody, and control of her parents.

What is required - parental consent or parental notice?  Notice.

Who must be notified?  One parent.

Are there other trusted adults who may be notified instead?  No.

What is the process for providing notification?  A young woman may not obtain an abortion until at least 24 hours actual notice has been given in person or by telephone by the attending physician or the physician's qualified agent to one parent.  If written notice is sent by certified mail, return receipt requested with delivery confirmation, the 24-hour period begins to run 48 hours after the mailing unless proof of earlier delivery is established.  Notice from the physician is not required if the young woman provides a signed statement from the parent stating that the parent has been notified that an abortion is to be performed on the young woman.  The 24-hour period is not required if, after receiving notice, the parent certifies in writing that he or she has been previously informed that the young woman was seeking an abortion or that he or she does not wish to consult with her, or if a parent accompanies the young woman when the abortion is performed.

May the parental mandate be waived if a young woman is a victim of rape or incest?  No.

May the parental mandate be waived if a young woman is a victim of child abuse?  No.

May the parental mandate be waived if a young woman's health is threatened?  Yes, but only if the attending physician certifies in writing that a medical emergency exists.  A medical emergency is defined as "when in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion."

May the parental mandate be waived under any other circumstances?  Yes, the young woman may try to obtain permission from a judge.

If a young woman must obtain permission from a judge, what is the process?  She must secure a court order stating either that she is mature and well informed enough to make her own decision or that parental notice is not in her best interests.

Are there other significant requirements under the law?  No.

Has a court considered the constitutionality of this law?  Yes.  A court held that this law is constitutional.  Planned Parenthood Ass'n of the Atlanta Area v. Miller, 934 F.2d 1462 (11th Cir. 1991).

Other information about the law:  None.

Ga. Code Ann. §§ 15-11-110, -116, -118 (Enacted 1987; Last Amended 1988), -111, -112 , -114 (Enacted 1987; Last Amended 2005), -113 (Enacted 1987; Last Amended 2001.

Targeted Regulation of Abortion Providers (TRAP)

Georgia imposes a variety of burdensome requirements on abortion providers that are not imposed on other health care providers, including:

Restrictions on Where Abortions May Be Performed

Georgia places medically unnecessary restrictions on where abortions may be performed.

Abortion facilities must be "available at all reasonable and/or scheduled operating hours for observation and examination" by state officials.  The regulations make no reference to patient privacy, whether clinic activities may be disturbed, or confidentiality measures.  Ga. Comp. R. & Regs. r. 290-5-33-.08(1).

In order to perform post-first-trimester abortions, a provider must be licensed as a hospital, an ambulatory surgical center, or an "abortion facility" (which must also be an ambulatory surgical center).  Ga. Comp. R. & Regs. r. 290-5-32-.01(g), -.02(1).  The state restricts providers in "abortion facilities" to performing only D&E procedures.  Ga. Comp. R. & Regs. r. 290-5-32-.02(1).  Therefore, any procedure after 13 weeks other than D&E must be performed in a hospital or an ambulatory surgical center.

Restrictions on Who May Perform Abortions

Georgia prohibits certain qualified health care professionals from performing abortions.

Only a physician licensed by the state to practice medicine and surgery may perform an abortion.  Ga. Code Ann. § 16-12-141(a) (Enacted 1968; Last Amended 2005).