No. The law does not prohibit contraceptives used to prevent pregnancy when they are sold, prescribed, or administered according to manufacturer instructions. The law prohibits abortion-inducing drugs which do not include contraceptives or emergency contraceptives according to the law. See La. R.S 14.87.7(E) and La. R.S. 40:1061(E).
- 2. Can a pregnant mother be penalized for receiving an abortion?
- No. Louisiana law makes clear that a pregnant woman upon whom an abortion is committed or performed shall not be held criminally or civilly liable under the Human Life Protection Act. See La. R.S. 14.87.7(D); La. R.S. 14.87.9(C)(3); and La. R.S. 40:1061(H).
- 3. Does Louisiana law allow for abortion to save the life of the mother?
- Yes. Louisiana law makes clear that procedures performed to save the life of the pregnant mother are not prohibited abortions under the law. See La. R.S. 14:87.1(b)(v) and La. R.S. 40:1061 (F).
- 4. Must a pregnant mother be on the brink of death before a physician can perform an abortion to save her life?
- No. The law requires a physician to make a reasonable effort consistent with reasonable medical practice to save both the life of the mother and baby. In the unfortunate situation that the child cannot be saved using reasonable medical practice, it is patently unreasonable for a doctor to wait until the mother is near death before taking action. See La. R.S. 14:87.1(1)(b)(b)and la. R.S 40:1061(F).
- 5. Does Louisiana law prohibit doctors from treating miscarriages?
- No. Louisiana law clearly states that procedures performed by physicians to treat miscarriages are not prohibited abortions under the law. See La. R.S 14:87.1(1)(b)(ii).
- 6. Does Louisiana law prohibit physicians from treating or removing an ectopic pregnancy?
- No. As a general matter, the removal or treatment of an ectopic pregnancy is not a prohibited abortion under the law. See La. R.S. 14:87.1(1)(b)(iii-iv)). Additionally, because an ectopic pregnancy can be a life-threatening condition for the mother, a physician may treat or remove an ectopic pregnancy under La. R.S. 14:87.1(1)(b)(v).
- 7. Does Louisiana law prohibit physicians from treating life-threatening conditions like preeclampsia or preterm premature rupture of membranes (PPROM)?
- No. The law is clear that a physician can take action to save the life of the mother when necessary in his or her reasonable medical judgment. See La. R.S. 14.87.1(1)(b)(v) and La. R.S. 40:1061 (F). The law requires a physician to make reasonable effort to save the life of both the mother and the baby consistent with reasonable medical practice. Thus, under the circumstances, if the doctor can make reasonable medical efforts to continue the pregnancy and save the life of the child, the physician should take that course of action. Inversely, if the physician cannot make reasonable medical efforts to continue the pregnancy due to the physical condition of the mother, the physician can take action under the law to end the pregnancy. Ultimately, the law defers to the reasonable medical judgment of the physician.
- 8. Does Louisiana’s Human Life Protection Act impose a hardship on doctors?
- No. Louisiana’s laws on abortion impose the same duty of care that is placed on every physician in every medical field. Physicians are always obligated to use reasonable medical judgment in treating patients, and it is no different in the context of pregnancy.