Amendment to S217

Senators GOLDFINCH, CLIMER, RICE, TIMMONS, and CASH proposed the following amendment (not yet finalized):

Amend the bill, as and if amended, page 2, by striking lines 35 through 37 as contained in SECTION 1, and inserting therein the following:

/ Section 11340. (A) Nothing in this article shall be construed to prohibit a licensed physician from performing a medical procedure or providing medical treatment designed or intended to prevent the death of a pregnant woman. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of the preborn human being in a manner consistent with accepted medical standards. Under such circumstances, the accidental or unintentional injury or death to the preborn human being is not a violation of this article. The threat of the death of a pregnant woman must not be based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or a diagnosis or claim that the pregnant woman will purposefully engage in conduct that she intends to result in her death. The provisions of this section must not be construed to authorize the intentional killing of a preborn human being.

(B) Nothing in this article shall be construed to prohibit contraception. As used in this subsection, ‘contraception’ is defined as the prevention of fertilization.

(C) Nothing in this article shall be construed to prohibit in vitro fertilization or assisted reproductive technology. The authority to regulate in vitro fertilization and assisted reproductive technology procedures is reserved by the Legislature.

Section 11350. This article is enacted pursuant to the power reserved to this State under the Tenth Amendment to the United States Constitution.” /

Renumber sections to conform.

Amend title to conform.

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