NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

Attorney General's Office, Health Policy Commission

SUMMARY

Synopsis of Bill

House Bill 334 enacts the Woman's Right To now Act which requires the voluntary informed consent of the female upon which an abortion is to be performed. The bill also requires the Department of Health to provide printed information in languages based on the population distribution of minorities speaking languages other than English, and to develop a reporting system in order to develop statistical reports and information on abortions in New Mexico. The bill also provides for criminal and civil penalties and for protection of privacy.

Significant Issues

House Bill 334 describes in detail the information that must be communicated to women with regard to this act and will require significant planning to insure that all the information is included in a manner that is easily understandable. Likewise, a system of reporting requirements for physicians will need thoughtful planning to insure the system will have compliance and which data can be easily tabulated and transmitted by the physician community. There is a $500.00 penalty for physicians who file information more than 30 days late.

FISCAL IMPLICATIONS

There is no appropriation to implement the provisions of the bill. Although the Department of Health has not provided information necessary to accurately estimate the total costs, it is evident that monies are necessary for document design, translation and printing. In addition, there is cost associated with the reporting requirements and the development of data.

ADMINISTRATIVE IMPLICATIONS

The Department of Health has the necessary administrative capacity to provide the framework to administer this act.

TECHNICAL ISSUES

The development of printed materials in the necessary detail and in the languages necessary will require thoughtful planning to implement in the manner required in the proposed legislation.

OTHER SUBSTANTIVE ISSUES

The requirement that informed consent may be provided by telephone as well as in person may be problematic if there is dispute in the future as to whether the information was indeed communicated and there is no record of the phone communication.

The proposed bill is elaborate in it's detail which will require a significant checklist that physicians must follow in order to comply with the act's provisions.

MB/njw