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State Laws

Louisiana


Political Information

Executive (Governor)

Anti-choice

Senate

Anti-choice

House

Anti-choice

Abortion-Care Policies

Abortion Providers

Abortion Providers: Restrictions

Louisiana imposes extra restrictions on abortion providers, despite the fact that all health-care providers already must comply with a variety of federal and state regulations governing health, safety, building and fire codes, and zoning requirements.

Restrictions on Where Abortion Services May Be Provided

Among the most common TRAP regulations are those restricting the provision of abortion services to hospitals or other specialized facilities, which place medically unnecessary and costly requirements on doctors and can decrease the availability of abortion care for women. Louisiana has such regulations, including:

Any provider of five or more first-trimester surgical abortion procedures per month and any provider of even one second-trimester abortion-including private physicians-must be classified as an "outpatient abortion facility."  The abortion facility must comply with a uniquely imposed licensure scheme not required of other medical providers.  Hospitals and ambulatory surgical centers are exempted. La. Rev. Stat. Ann. §§ 40:2175.3, :2175.4 (Enacted 2001).  

Without reference to medical necessity, outpatient abortion facilities are allowed to provide surgical abortion services only in segregated procedure rooms removed from general traffic that are a minimum of 120 square feet, exclusive of vestibule, toilets, or closets.  La. Admin. Code tit. 48 § 4405.  

Louisiana law requires that all physicians that provide abortion care be licensed in the state and be board certified or eligible in obstetrics and gynecology.  La. Rev. Stat. Ann. §40:1061.10(A)(1)  (Enacted 1999; Last Amended 2014).

Louisiana law requires any physician providing abortion care to have active admitting privileges at a hospital that is both within 30 miles of the provider and provides obstetrical or gynecological services.  La. Rev. Stat. Ann. §40:1061.10(a) (Enacted 2014; Renumbered 2015). Nothing in the law requires hospitals to grant providers such privileges. A court granted a temporary injunction against this provision. June Medical Services LLC v. Caldwell, No. 3:14-CV-525 (M.D. La. Aug. 31, 2014). The state appealed to the Fifth Circuit Court of Appeals in 2016, which stayed the ruling pending appeal. That decision was appealed to the U.S. Supreme Court and the high court granted an emergency stay—blocking the law from going into effect. June Medical Serv., et al. v. Gee, Sec., LA DHH, 577 U.S. 15A880 (2016). The Fifth Circuit did not oppose the motion—pending the ruling in the Whole Woman’s Health v. Hellerstedt case—challenging a similar law in Texas. The U.S. District Court for the Middle Disrict of Louisian issued a permanent injunction against the law and any implementing regulations in April 2017. June Medical Services LLC v. Caldwell, No. 3:14-CV-525 (M.D. La. April 26, 1017) The state once again appealed to the Fifth Circuit.  

Louisiana also has an unconstitutional and unenforceable statute that imposes greater medical-malpractice liability on abortion providers.  The law exposes providers to enormous financial risk by stating that any person who provides abortion services is liable to the "unborn child" for any damages occasioned or precipitated by the procedure.  This means that an abortion provider could be sued for providing any abortion procedure, regardless of whether the physician committed any fault.  The law permits suits to be brought against abortion providers for up to 10 years after the procedure.  La. Rev. Stat. Ann. § 9:2800.12 (Enacted 1997).  A court ruled that this law imposed an undue burden on a woman’s right to choose and violated the rights of abortion providers and patients under the 14th Amendment of the Constitution.  Hope Medical Group for Women v. LeBlanc, No. 07-CV-0879 (M.D. La. Mar. 28, 2012) (issuing permanent injunction).

The same court permanently enjoined the state’s law which excludes abortion providers from coverage afforded to other health-care practitioners under the state’s medical-malpractice protection laws.  La. Rev. Stat. Ann. § 40:1237.1 (Enacted 1976; Last Amended 2010; Renumbered 2015), La. Rev. Stat. Ann § 40:1231.1 (Enacted 2010; Renumbered 2015). Hope Medical Group for Women v. LeBlanc, No. 07-CV-0879 (M.D. La. Mar. 28, 2012) (issuing permanent injunction).

Restrictions on Who May Provide Abortion Services

Louisiana prohibits certain qualified health-care professionals from providing abortion services.

Only a physician licensed to practice medicine in the state and board-certified in obstetrics and gynecology or family medicine, or enrolled in such a residency — and practicing under supervision of a board-certified physician (and is immediately available), may provide abortion care. La. Rev. Stat. Ann. § 40:1061.10 (Enacted 1978; Last Amended 1999; Renumbered 2015), La. Rev. Stat. Ann. § 40:1061.9 (Enacted 1978; Last Renumbered 2015). § 40:1061.10(A)(1) (Relevant Provision Enacted 2016), H.B. 488, 2016 Reg. Sess. (2016). Another law criminalizes the provision of abortion services by anyone other than a physician or the woman herself with a penalty of up to 10 years imprisonment. La. Rev. Stat. §§ 14:32.9 and 32.9.1 (Enacted 2012).  


Abortion Rights

Post-Viability Ban

Louisiana’s post-viability abortion restriction states that no abortion may be provided after viability unless necessary to preserve the woman’s life or health.  The physician must use the available method most likely to preserve the life and health of the fetus unless such method poses a greater risk to the woman’s life or health.  A second physician must be in attendance.  Both physicians shall take all reasonable steps, in keeping with good medical practice and consistent with the procedure used, to preserve the life and health of a viable fetus, provided that it does not pose an increased risk to the woman’s life or health.  La. Rev. Stat. Ann. §§ 40:1061.13 (Renumbered 2015).

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortions, such as Louisiana’s, that contain adequate exceptions to protect the woman’s life and health.


Near-Total Abortion Ban

In 2006, Louisiana enacted a near-total ban on abortion, to become effective if the Supreme Court overturns Roe v. Wade, or if a constitutional amendment is adopted that allows states to ban abortion. The ban prohibits any person from administering to any woman or prescribing or procuring for any woman any medicine, drug, or substance with intent to procure an abortion, unless necessary to preserve the woman’s life. The ban also includes a very limited health exception for circumstances under which an abortion is necessary “to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.” A person who provides a prohibited abortion could be imprisoned for up to 10 years, and fined up to $100,000. La. Rev. Stat. Ann §§ 40:1061 (Enacted 2006; Renumbered 2015), 14:87 (Enacted 1964, Amended 2006).


Abortion Bans Throughout Pregnancy: Ban by Week

Louisiana enacted a law to ban abortion after 15 weeks. The ban does not have an exception to protect women’s health or for cases in which the pregnancy was the result of rape or incest. The law includes a clause that it shall go into effect upon final decision of the Fifth Circuit upholding Mississippi’s similar ban. That Mississippi law remains enjoined, so the Louisiana law remains unenforceable. The law also states that if Louisiana’s “trigger law” goes into effect, it would have the impact of repealing this particular law.

The law subjects an abortion provider in violation of this ban to imprisonment with hard labor for one to 10 years, including a fine of between $10,000 and $100,000. S.B. 181, 1st Reg. Sess. (La. 2018).


Abortion Bans Throughout Pregnancy: Ban by Week

Louisiana outlaws abortion after 20 weeks without an adequate exception to protect women’s health or for cases in which the pregnancy is the result of rape or incest.

Louisiana’s law makes abortion after 20 weeks a criminal act, unless necessary to prevent a substantial permanent impairment of the life or physical health of the woman or in the case of a medically futile pregnancy. Physicians in violation of the law would be subject to up to two years imprisonment and a fine of up to $1,000, or disciplinary action. In addition, the law allows the woman to bring a civil suit against the physician. La. Rev. Stat. Ann. §40:1061.1  (Enacted 2012).


Abortion Bans Throughout Pregnancy: Procedure Ban

Louisiana outlaws a safe second-trimester abortion procedure with no exception to protect a woman’s health. La. Rev. Stat. Ann. § 14:32.10, 40:1061.27-19 (Enacted 2007, Renumbered 2015).

The Louisiana law makes the provision of certain previability, second-trimester abortion procedures a felony and imposes a criminal penalty of imprisonment at hard labor for one to 10 years and a fine of $10,000 to $100,000 unless necessary to save the life of the woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. La. Rev. Stat. Ann. § 14:32.10, 40:1061.27-19 (Enacted 2007, Renumbered 2015).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law. The federal ban prohibits the provision of certain second-trimester abortion procedures and has no exception for a woman’s health. In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the court has upheld a ban on a previability abortion procedure.


Abortion Bans Throughout Pregnancy: Procedure Ban

Louisiana outlaws the use of a D&E (dilation and evacuation) procedure unless it is necessary to save the woman’s life. The D&E procedure is the most commonly used method for second-trimester abortion. Its illegality would cause women to have to undergo more invasive and potentially more dangerous procedures. This law includes a narrow and inadequate exception to protect a woman’s health. Additionally, the law gives authority to bring a cause of action against a doctor to the state attorney general and any district or county attorney with jurisdiction. Further, this cause of action for civil damages may be brought on behalf of the father of the woman, the father of the pregnancy if he is married to the woman, and the woman’s parents or guardian if she is a minor. La. Rev. Stat. Ann § 40:1061.1.1 (Enacted 2016), H.B. 1081, Reg. Sess. (La. 2016).

Pro-choice litigators filed suit against this law in 2016. While the case progressed, the state agreed not to enforce any of the provisions in question in the case. A bench trial has been scheduled for September 2019.  June Medical Services v. Gee, (3:16-cv-00444) (M.D. La).


Reasons-Based Ban: Fetal Anomaly

Louisiana enacted a ban on abortion if sought for reasons of fetal anomaly – either diagnosed or a potential diagnosis. H.B. 1019 (2016).

Pro-choice litigators filed suit against this law in 2016. While the case progressed, the state agreed not to enforce any of the provisions in question in the case. A bench trial has been scheduled for September 2019.  June Medical Services v. Gee, (3:16-cv-00444) (M.D. La).


Biased Counseling

Biased Counseling

A woman may not obtain an abortion until at least 24 hours after the attending or referring physician tells her, orally, in person, and in private:  (1) a description of the proposed method; (2) the alternatives to abortion; (3) the probable gestational age of the fetus and, if the fetus is viable or has reached the gestational age of 24 weeks, that the “unborn child” may be able to survive outside the womb, the woman has the right to request the physician to use the method most likely to preserve the life of the fetus, and that if the “unborn child is born alive,” attending physicians are legally obligated to take “all reasonable steps necessary to maintain the life and health of the child”; (4) the probable anatomical and physiological characteristics of the fetus; (5) the risks associated with abortion and with carrying the pregnancy to term; and (6) the name of the physician who will provide the abortion.

In addition, at least 24 hours prior to a scheduled abortion, the woman must receive:  (1) orally, in person, and in private, a state-mandated lecture from a physician, registered nurse, licensed social worker, psychologist, or licensed counselor that includes that:  (a) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (b) the “father” of the fetus is liable for child support even if he has offered to pay for the abortion; and (c) she may withhold/withdraw her consent without loss of any state or federally funded benefits; and (2) state-prepared materials that:  (a) describe with color drawings or pictures the anatomical and physiological characteristics of the “unborn child” at two-week gestational increments, including the possibility of survival; (b) describe methods and medical risks associated with each method and with carrying a pregnancy to term; (c) provide a comprehensive list of public and private agencies and services that are available to women through pregnancy and childbirth, including adoption agencies and “crisis pregnancy centers” (CPCs) that many harass and intimidate women, and/or intentionally give medically inaccurate information about contraception and pregnancy options; (d) provide information about medical assistance benefits for prenatal care, childbirth, and neonatal care and the “father’s” support obligations; (e) state that a physician who provides an abortion without a woman’s “informed” consent may be liable to her for damages in a civil action; (f) indicate that the law permits adoptive parents to pay the costs of prenatal care, childbirth, and neonatal care; and (g) include the following statement:  “There are many public and private agencies willing and able to help you to carry your child to term, and to assist you and your child after your child is born, whether you choose to keep your child or place her or him for adoption.  The state of Louisiana strongly urges you to contact them before making a final decision about abortion.  The law requires that your physician or his agent give you the opportunity to call agencies like these before you undergo an abortion.” La. Rev. Stat. Ann. § 40:1061.17 (Enacted 1978; Renumbered 2015).

The physician or qualified person must provide the state-prepared materials to the woman, or, in the case of a minor patient, to the woman’s parent, separately and in a private room, and must obtain her signature on a form certifying receipt.  The form shall be kept with the woman’s medical records for a period of at least seven years. La. Rev. Stat. Ann. § 40:1061.16 (Enacted 2014; Renumbered 2015).

The state must create and maintain printed and online materials containing a comprehensive list of public and private agencies and services that are available to women through pregnancy and childbirth, including adoption agencies and anti-choice “crisis pregnancy centers” (CPCs).  The state must also ensure that the agencies listed are not affiliated with an abortion provider, and that the health professionals or counselors working at the listed agencies are able to provide counseling services that “objectively address the mental, emotional, and behavioral health effects” associated with seeking or obtaining abortion services. La. Rev. Stat. Ann. § 40:1061.16 (Enacted 2014; Renumbered 2015).

The governor must convene a task force to assist the health department in creating and publicizing the state-prepared materials. The task force must be comprised of: (1) up to two clinical social workers; (2) up to two Louisiana residents associated with fake women’s health centers that harass and intimidate women, and/or intentionally give medically inaccurate information about contraception and pregnancy options; (3) up to two attorneys who specialize in representing women “at risk of being coerced into or psychologically harmed by abortion;” (4) up to two Louisiana residents employed by adoption agencies; (5) up to two representatives from organizations that promote adoption as an alternative to abortion; (6) two members of the state senate; (7) two members of the state house; (8) the secretary of the state health department; (9) the secretary of the state Department of Children and Family Services. La. Rev. Stat. Ann. § 40:1061.17.1 (Enacted 2014; Renumbered 2015; Renumbered and Amended 2018).

If a woman is considering abortion as a result of rape or incest she is to be offered the same “informed consent” information, but without the 24-hour delay. La. Rev. Stat. Ann. § 40:1061.18 (Enacted 1994; Last Amended 2005; Renumbered 2015).

Until November 2004, the state-prepared materials included medically inaccurate information linking abortion to increased risk of breast cancer.  Because the link has been proven false, Louisiana removed this information from its materials.  Richard Webster, Alleged Link Between Breast Cancer, Abortion Spurs Debate, New Orleans City Bus., Nov. 22, 2004.


Mandatory Delays

Mandatory Delay

Louisiana requires a woman seeking an abortion to wait at least 72 hours between the time she receives biased-counseling materials and when she can get the procedure. Because of woman must receive the materials in-person, the law also forces a two-trip requirement. La. Rev. Stat. Ann. § 40:1061.17(B)(1) (Enacted 1978; Last Amended 2015). La. Rev. Stat. Ann. § 40:1061.16  (Enacted 2014; Last Amended 2016).

Pro-choice litigators filed suit against this law in 2016. While the case progressed, the state agreed not to enforce any of the provisions in question in the case. A bench trial has been scheduled for September 2019.  June Medical Services v. Gee, (3:16-cv-00444) (M.D. La).


Insurance Coverage & Abortion

Prohibits Abortion Coverage in the Insurance Exchange

Does Louisiana expressly prohibit plans in its state exchange from covering abortion services?

Yes.  Health-insurance policies offered in the state health-insurance exchange may not include abortion coverage, with no exception.  Nothing in the law prohibits the purchase of abortion coverage outside the exchange through an optional rider for which an additional premium is paid.  However, insurers are not required to offer such riders and there is no evidence that such separate policies exist. (Even if they did exist, offering women the "option" to pay for separate abortion coverage is a false promise because no one plans for an unplanned pregnancy.)  La. Rev. Stat. Ann. § 22:1014 (Enacted 2010).


Low-Income Women & Abortion

Restricts Low-Income Women’s Access to Abortion

Louisiana prohibits public funding for abortion for women eligible for state medical assistance for general health care unless the procedure is necessary to preserve her life or the pregnancy is the result of rape or incest reported to a law enforcement official unless her physician certifies that she is too incapacitated to report the crime.  La. Rev. Stat. Ann. §§ 40:1061.6 (Enacted 1978; Last Amended 1994; Renumbered 2015), .35.7 (Enacted 1994; Last Amended 2005); Medicaid of Louisiana, 2007 Professional Services Provider Training, 5 (Fall 2007). See Hope Med. Group for Women v. Edwards, 63 F.3d 418 (5th Cir. 1995), cert denied, 517 U.S. 1104 (1996) (holding that a previous Louisiana statute that prohibited the state Medicaid program from funding abortion except in cases of life endangerment conflicted with federal law requiring participating states to provide a broad scope of medical services, including those not typically associated with life and death situations).

The statute also provides that if the federal requirement that the state fund abortion under Medicaid in cases of rape and incest no longer applies, no public funds may be used for abortion except in cases of life endangerment.  La. Rev. Stat. Ann. § 40:1061.6 (Enacted 1978; Last Amended 1994; Renumbered 2015).


Young Women & Abortion

Parental Consent

Louisiana law restricts young women’s access to abortion.

Is the law enforceable?  Yes, except for the provision requiring parental notice of the judicial-bypass proceeding, which a federal court held unconstitutional and unenforceable as a violation of the federal due-process clause and the Supreme Court’s anonymity requirement in Bellotti v. Baird.  Causeway Med. Suite v. Ieyoub, 109 F.3d 1096 (5th Cir. 1997).

Who is considered a minor?  A young woman under the age of 18 who is not emancipated.

What is required – parental consent or parental notice?  Consent.

Who must provide consent?  One parent.

Are there other trusted adults who may provide consent instead?  No.

What is the process for obtaining consent?  A young woman may not obtain an abortion unless the attending physician secures written and notarized consent from one parent.

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, in the case of a "medical emergency."  A physician may provide an abortion if "the continuation of the pregnancy poses an immediate threat and grave risk to the life or permanent physical health of the pregnant woman."

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 finding, by clear and convincing evidence, either that she is mature and well informed enough to make her own decision or that an abortion is in her best interests.  Prior to the hearing, the court may require the minor to participate in a mental-health evaluation and counseling session.  An unconstitutional and unenforceable provision of the law requires that if the court finds that a minor is not mature and well informed and that notifying her parents is in her best interests, an order shall be issued to the minor’s parents calling them to a hearing to advise and counsel the minor and aid the court in making its determination of whether an abortion is in the minor’s 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 the provision concerning parental notice of the bypass proceeding is unconstitutional and issued a permanent injunction prohibiting its enforcement.  Causeway Med. Suite v. Ieyoub, 109 F.3d 1096 (5th Cir. 1997) (also holding that a previous provision permitting a court-ordered counseling and evaluation session for minors that did not provide for an expeditious resolution of the minors’ bypass applications was unconstitutional), cert. denied, 522 U.S. 943 (1997).  A court has denied a motion to file a supplemental complaint and re-open this case.  Causeway Med. Suite v. Ieyoub, No. Civ. A. 95-2164 (E.D. La. Aug. 17, 1999).

Other information about the law: Another statute, declared unconstitutional and unenforceable, provides that a minor may not obtain an abortion until after her parents, or if married, her husband, have been advised of their right to refuse an abortion for the minor and have provided written consent acknowledging that a full explanation of the procedure has been given and is understood.  La. Rev. Stat. Ann. §40:1299.33(D) (Enacted 1973); Jackson v. Guste, No. 74-2425 (E.D. La. Feb. 20, 1976), aff’d in part and vacated in part on other grounds, 429 U.S. 399 (1977).

La. Rev. Stat. Ann. § 40:1299.35.5 (Enacted 1978; Last Amended 1997).


Family-Planning Policies

Insurance Coverage & Contraception

No state measure.

Low-Income Women & Contraception

Supports Low-Income Women’s Access to Contraception

Louisiana provides increased access to reproductive-health-care services through a State Plan Amendment (SPA) to Louisiana’s Medicaid program. The SPA allows the state to cover family-planning services for women and men with family incomes at or below 138 percent of the federal poverty level who are not currently enrolled in Medicaid and do not have any other health insurance.  Additionally, enrollees must be (1) U.S. citizens or persons who meet Medicaid citizenship requirements and (2) Louisiana residents.

Beneficiaries of family-planning coverage available through the SPA are not required to pay premiums or co-payments for covered services. Covered services include: all FDA-approved birth-control methods, devices and supplies; a comprehensive reproductive-health history, physical examination, and pap smear; emergency services directly related to the contraceptive method and follow-up; pregnancy testing and counseling; prevention and treatment of sexually transmitted infections; HIV testing and counseling; limited diagnostic services for fertility management; male and female sterilization; reproductive-health education and counseling.

Louisiana State Plan Amendment, LA-14-13, Louisiana State Plan Amendment, LA-16-0004,  LA Take Charge Family Planning Flyer.


Emergency Contraception

No state measure.

Other Important Issues

Clinic Protections

No state measure.

Fake Health Centers

State Funds Crisis Pregnancy Centers

Louisiana funds crisis pregnancy centers (CPCs) directly through taxpayer funds. The state has authorized an "Alternatives to Abortion Services Program," administered by the Office of Family Support.  This program aims to support crisis pregnancy centers (CPCs) by working to help ensure "full-term pregnancies as an alternative to abortion."  This program is authorized to use federal funds made available from Title IV-A of the Social Security Act, Block Grants to States for Temporary Assistance for Needy Families The FY’16 funding level is not publicly available.  La. Admin. Code tit. 67, pt. III, § 5569 (Enacted, 2006; Last Amended, 2008).


State Refers to Crisis Pregnancy Centers

Louisiana law refers women to crisis pregnancy centers (CPCs). In connection with the state’s biased-counseling and mandatory-delay law, when a woman tells a health-care provider she is considering abortion, the provider must give her a state-maintained list of facilities that will satisfy the law’s mandate. CPCs are included on the list without disclaimer of their biased nature and are not distinguished from legitimate health centers.  La. Rev. Stat. Ann. § 40:1061.17 (Enacted, 1978; Last Amended, 2012; Renumbered 2015).


State has Anti-Choice License Plates

Louisiana law provides for a "Choose Life" license-plate program that funnels money to anti-choice organizations. The program is operated by the state Department of Public Safety and Corrections and drivers are able to purchase the specialty license plate for a fee. A percentage of the fee is retained by the state to recoup administrative costs; the rest of the funds are directed to the Louisiana Right to Life Education Committee.  La. Rev. Stat. § 47:463.61 (Enacted 1999, Amended 2010).


Refusals & Guarantees

Refusals of Medical Care

ABORTION REFUSAL CLAUSE

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

To whom does the refusal clause apply?  Physicians, nurses, students or other persons or corporations, workers or employees in any social service agency, or hospitals, clinics, or other facilities or institutions.

What does the refusal clause allow?  No physician, nurse, student, or other person or corporation may be held civilly or criminally liable or be discriminated against for refusing to recommend, counsel, perform, assist, or accommodate an abortion for any reason.  No social service agency employee or worker may be held civilly or criminally liable or be discriminated against for refusing to take part in, recommend, or counsel an abortion.

No hospital or facility of any kind may be held civilly or criminally liable or be discriminated against for refusing to permit or accommodate abortion.  No hospital or medical facility may be denied government assistance, be discriminated against, or be pressured in any way for refusing to permit its facilities, staff, or employees to be used in any way for the purpose of proving abortion services.

Does the law require the refusing individual or entity to notify the persons affected?  The law requires refusing individuals to notify the persons affected, but does not require refusing entities to notify the persons affected.

Are there circumstances under which a refusal clause may not be exercised?  Yes.  The refusal clause does not apply to medical emergency situations when individuals refuse to provide services.  In addition, the law specifies that individuals’ refusals can only be exercised "to the extent that patient access to health care is not compromised."

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?  Possibly, in some circumstances.  The law stipulates that, in the event that an individual refuses to provide medical services, a health-care facility must have "sufficient staff to provide patient care."

La. Rev. Stat. Ann. §§ 40:1061.2  to .4 (Enacted 1973, Renumbered 2015).  La. Rev. Stat. Ann. §§40:1061.20, 40:1245.1 (Enacted 2009, Renumbered 2015).


Counseling & Referral Bans

Counseling & Referral Ban

No person employed by the state of Louisiana or employed by a social-service agency that receives government assistance shall recommend abortion unless it is a physician acting to preserve a woman’s life.  La. Rev. Stat. Ann. § 40:1061.5  (Enacted 1973; Last Amended 1978; Renumbered 2015).

No employee, representative, or affiliate of an elective-abortion provider can provide education or materials on any health topic, including human sexuality or family planning, in public elementary, secondary, or charter schools receiving state funding.  La. Rev. Stat. Ann. §40:1061.7(Enacted 2014).


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