An Act To Authorize Certain Health Care Professionals To Perform Abortions
Sec. 1. 22 MRSA §1596, as repealed and replaced by PL 1989, c. 274, §1 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
§ 1596. Abortion and miscarriage data
The form containing that information and data shall must be prepared and signed by the attending physician health care professional who performed the abortion and transmitted to the department not later than 10 days following the end of the month in which the abortion is performed.
A physician health care professional who reports data on an abortion pursuant to this section shall be is immune from any criminal liability for that abortion under section 1598.
The report form shall must be prepared and signed by the attending physician health care professional in attendance at or after the occurrence of the miscarriage and transmitted to the department not later than 10 days following the end of the month in which the miscarriage occurs.
The identity of any patient or physician health care professional reporting pursuant to this section is confidential and the department shall take the steps which are necessary to insure ensure the confidentiality of the identity of patients or physicians health care professionals reporting pursuant to this section.
Sec. 2. 22 MRSA §1597-A, sub-§§2 to 4, as enacted by PL 1989, c. 573, §2, are amended to read:
(1) To the minor majority rights for the sole purpose of consenting to the abortion and the attending physician health care professional has received the informed written consent of the minor; or
(2) To the minor consent to the abortion, when the court has given its informed written consent and the minor is having the abortion willingly, in compliance with subsection 7.
(1) Inform the minor in a manner which that, in the physician's health care professional's professional judgment, is not misleading and which that will be understood by the patient, of at least the following:
(a) According to the physician's health care professional's best judgment the minor is pregnant;
(b) The number of weeks of duration of the pregnancy; and
(c) The particular risks associated with the minor's pregnancy, the abortion technique that may be performed and the risks involved for both;
(2) Provide the information and counseling described in subsection 4 or refer the minor to a counselor who will provide the information and counseling described in subsection 4; and
(3) Determines whether the minor is, under all the surrounding circumstances, mentally and physically competent to give consent.
(1) The physician health care professional, in obtaining the minor's consent, acted in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities; or
(2) The physician health care professional has received and acted in good faith on the informed written consent to the abortion given by the minor to a counselor.
(1) Explain that the information being given to the minor is being given objectively and is not intended to coerce, persuade or induce the minor to choose either to have an abortion or to carry the pregnancy to term;
(2) Explain that the minor may withdraw a decision to have an abortion at any time before the abortion is performed or may reconsider a decision not to have an abortion at any time within the time period during which an abortion may legally be performed;
(3) Clearly and fully explore with the minor the alternative choices available for managing the pregnancy, including:
(a) Carrying the pregnancy to term and keeping the child;
(b) Carrying the pregnancy to term and placing the child with a relative or with another family through foster care or adoption;
(c) The elements of prenatal and postnatal care; and
(d) Having an abortion;
(4) Explain that public and private agencies are available to provide birth control information and that a list of these agencies and the services available from each will be provided if the minor requests;
(5) Discuss the possibility of involving the minor's parents, guardian or other adult family members in the minor's decision making concerning the pregnancy and explore whether the minor believes that involvement would be in the minor's best interests; and
(6) Provide adequate opportunity for the minor to ask any questions concerning the pregnancy, abortion, child care and adoption, and provide the information the minor seeks or, if the person cannot provide the information, indicate where the minor can receive the information.
(1) The minor has received information on prenatal care and alternatives to abortion and that there are agencies that will provide assistance;
(2) The minor has received an explanation that the minor may withdraw an abortion decision or reconsider a decision to carry a pregnancy to term;
(3) The alternatives available for managing the pregnancy have been clearly and fully explored with the minor;
(4) The minor has received an explanation about agencies available to provide birth control information;
(5) The minor has discussed with the person providing the information and counseling the possibility of involving the minor's parents, guardian or other adult family members in the minor's decision making about the pregnancy;
(6) The reasons for not involving the minor's parents, guardian or other adult family members are put in writing on the form by the minor or the person providing the information and counseling; and
(7) The minor has been given an adequate opportunity to ask questions.
The person providing the information and counseling shall also sign and date the form , and include that person's address and telephone number. The person shall keep a copy for that person's files and shall give the form to the minor or, if the minor requests and if the person providing the information is not the attending physician health care professional performing the abortion, transmit the form to the minor's attending physician health care professional performing the abortion.
Sec. 3. 22 MRSA §1597-A, sub-§8, ¶B, as enacted by PL 2003, c. 452, Pt. K, §11 and affected by Pt. X, §2, is amended to read:
Sec. 4. 22 MRSA §1598, sub-§1, as amended by PL 1993, c. 61, §2, is further amended to read:
Sec. 5. 22 MRSA §1598, sub-§3, ¶A, as enacted by PL 1979, c. 405, §2, is amended to read:
Sec. 6. 22 MRSA §1599-A, as enacted by PL 1993, c. 61, §4, is amended to read:
§ 1599-A. Informed consent to abortion