HOUSE BILL 513

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Jenifer Jones and Tanya Mirabal Moya and Luis M. Terrazas and Rod Montoya and Stefani Lord

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; REQUIRING THE DEPARTMENT OF HEALTH TO LICENSE, INSPECT AND REGULATE ABORTION CLINICS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Women's Health Protection Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Women's Health Protection Act:

          A. "abortion" means using a device or prescribing a medication with the intent to terminate the clinically diagnosable pregnancy of a woman. "Abortion" does not include the use of a device or a prescribed medication to:

                (1) save the life or preserve the health of the mother or the unborn child;

                (2) remove a dead unborn child caused by spontaneous abortion; or

                (3) remove an ectopic pregnancy;

          B. "abortion clinic" means a facility, other than a health facility licensed as a hospital pursuant to the Public Health Act, in which:

                (1) five or more first-trimester abortions are performed in any month; or

                (2) any second- or third-trimester abortion is performed;

          C. "department" means the department of health; and

          D. "unborn child" means the offspring of a human being from conception until birth.

     SECTION 3. [NEW MATERIAL] ABORTION CLINIC LICENSURE, REGULATION AND INSPECTION.--

          A. The department shall promulgate rules to establish an abortion clinic license that all abortion clinics shall obtain in order to provide abortions.

          B. The department shall regulate and inspect every licensed abortion clinic to ensure that the clinics are providing abortions safely and in compliance with all federal and state laws.

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