The substitute prohibits physicians from performing partial birth abortions unless necessary to preserve the life of the mother. Any physician who performs a partial birth abortion when it is not necessary to save the life of the mother is guilty of a class D felony. The substitute also defines partial birth abortion as a method or technique of abortion in which the person performing the abortion partially vaginally delivers a living fetus before intentionally killing the infant and completing delivery. No impact on state funds.
Supporters say that a partial birth abortion is never medically necessary.
Those who oppose the bill say that the legislation is unconstitutionally vague. In addition, a recent federal district court decision from the state of Ohio indicated that prior to the viability of a fetus the state may not establish an abortion prohibition. This decision reinforces the United States Supreme Court decision of Roe v Wade.