LD 83 (subjects: ABORTION , PARENTAL CONSENT )
Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=83&PID=1456&snum=127
Sponsors | Actions | Bill Text | Patterns of Support | In The News
- Rep. Heather Sirocki of Scarborough: (R – District 28) — e-mail
Rep. Eleanor Espling of New Gloucester: (R – District 65) — e-mail | Facebook
Rep. Catherine Nadeau of Winslow: (D – District 78) — e-mail | Facebook
Rep. Roger Reed of Carmel: (R – District 103) — e-mail | Facebook
Rep. Stanley Short of Pittsfield: (I – District 106) — e-mail | Facebook
Rep. Stephen Stanley of Medway: (D – District 143) — e-mail
Sen. David Burns of Washington: (R – District 6) — e-mail | Twitter | Facebook
Sen. Michael Thibodeau of Waldo: (R – District 11) — e-mail | Twitter | Facebook
Sen. Eric Brakey of Androscoggin: (R – District 20) — e-mail | Twitter | Facebook
|1/20/2015||Senate||Committee on JUDICIARY
suggested and ordered printed
On motion by Senator Burns of Washington REFERRED to the Committee on JUDICIARY
Ordered sent down forthwith for concurrence.
|1/20/2015||House||Bill REFERRED to the Committee on JUDICIARY.
In concurrence. ORDERED SENT FORTHWITH.
Senator BURNS of Washington moved to to ACCEPT Minority OUGHT TO PASS AS AMENDED Report
On motion by Same Senator Tabled until Later in Today’s Session, pending ACCEPTANCE of Minority Ought to Pass As Amended Report
|6/17/2015||Senate||Taken from the table by the President ProTem
motion by Senator BURNS of Washington to accept The Minority Ought to Pass As Amended Report FAILED
Roll Call Ordered Roll Call # 278 17 Yeas – 18 Nays- 0 Excused – 0 Absent
Subsequently, The Majority Ought Not To Pass Report ACCEPTED
Ordered sent down forthwith for concurrence.
On motion of Representative HOBBINS of Saco, the Majority Ought Not to Pass Report was ACCEPTED.
ROLL CALL NO. 288
(Yeas 77 – Nays 67 – Absent 7 – Excused 0)
In concurrence. ORDERED SENT FORTHWITH.
Placed in the Legislative Files. (DEAD)
An Act To Strengthen the Consent Laws for Abortions Performed on Minors and Incapacitated Persons
Sec. 1. 4 MRSA 152, sub- 8, as amended by PL 1999, c. 547, Pt. B, 5 and affected by 80, is further amended to read:
Sec. 2. 22 MRSA 1597-A, as amended by PL 2003, c. 452, Pt. K, 11 and affected by Pt. X, 2, is repealed.
Sec. 3. 22 MRSA 1597-B is enacted to read:
1597-B. Consent for an abortion for a minor or incapacitated person
(1) Save the life or preserve the health of a fetus;
(2) Remove a dead fetus caused by spontaneous abortion; or
(3) Remove an ectopic pregnancy.
In deciding whether to grant such consent, the parent or legal guardian shall consider only the pregnant woman’s best interests.
The physician shall retain a copy of the proof of identification and relationship obtained pursuant to this subsection for at least 5 years after the minor has attained 18 years of age or 7 years following the abortion, whichever is longer.
A physician receiving consent pursuant to this subsection shall include in the medical record of the minor or incapacitated person an affidavit stating: “I, (name of physician), certify that, according to my best information and belief, a reasonable person under similar circumstances would rely on the information presented by (minor’s or incapacitated person’s name) and (parent’s or legal guardian’s name) as sufficient evidence of identity.”
A physician relying in good faith on a written statement under this subsection is not civilly or criminally liable under this section for failing to obtain consent.
(1) The person providing consent under subsection 2 or 4 must initial each page of the form indicating that the person has read and understands the information included on that page;
(2) The person providing consent under subsection 2 or 4 must sign the last page of the form in the presence of the physician performing the abortion or an assistant of that physician;
(3) In the case of a minor, the minor must initial each list of risks and hazards as described in paragraph B, subparagraph (4);
(4) In the case of a minor, the minor must sign the consent statement described in paragraph B, subparagraph (6); and
(5) The physician must sign the declaration described in paragraph B, subparagraph (7).
(1) A description of the minor’s or incapacitated person’s rights, including her right to informed consent;
(2) A description of the parent’s or legal guardian’s rights under the laws of this State;
(3) A detailed description of the surgical or medical procedures that are planned to be performed on the minor or incapacitated person;
(4) A detailed list of the risks and hazards related to the surgical or medical procedures planned for the minor or incapacitated person, including, but not limited to, the following:
(a) Risks and hazards of any surgical, medical or diagnostic procedure, including potential for infection, blood clots in veins and lungs, hemorrhage, allergic reactions or death;
(b) Risks and hazards of a surgical abortion, including, but not limited to, hemorrhage, a hole in the uterus or uterine perforation or other damage to the uterus, sterility, injury to the bowel or bladder, a hysterectomy as a result of complication or injury during the procedure and failure to remove all products of conception, which may result in an additional procedure;
(c) Risks and hazards of a medical or nonsurgical abortion, including, but not limited to, hemorrhage, failure to remove all products of conception, which may result in an additional procedure, sterility and possible continuation of pregnancy; and
(d) Risks and hazards of the particular procedure planned for the minor or incapacitated person, including, but not limited to, cramping of the uterus or pelvic pain, infection of the uterus, Fallopian tubes or ovaries, cervical laceration, incompetent cervix and emergency treatment for any complication under this subparagraph;
(5) Additional information that must be provided by the physician to the minor or incapacitated person under the laws of this State, including, but not limited to, the probable gestational age of the fetus, the risks associated with continued pregnancy and the proposed abortion procedure and, at the woman’s request, alternatives to abortion and information about, and a list of, public and private agencies that will provide assistance if the minor or incapacitated person chooses to carry the pregnancy to term;
(6) In the case of a minor, a consent statement signed by the minor. The consent statement must include, but is not limited to, the following statements that must be individually initialed by the minor:
(a) The minor understands that the doctor is going to perform an abortion on her that will result in the termination of her pregnancy;
(b) The minor is not being forced to have an abortion. She has the choice not to have the abortion and may withdraw consent prior to the abortion;
(c) The minor gives her permission for the procedure;
(d) The minor understands that there are risks and hazards that could affect her if she has the surgical or medical procedures planned for her;
(e) The minor has been given the opportunity to ask questions about her condition, alternative forms of treatment, risk of nontreatment, the procedures to be used and the risks and hazards involved;
(f) The minor has been given information required under the laws of this State; and
(g) The minor has sufficient information to give informed consent;
(7) A physician declaration, signed by the physician performing the abortion, stating that:
(a) The physician or the physician’s assistant has explained the procedure and the contents of the form under this subsection to the minor or incapacitated person and the person providing consent under subsection 2 or 4 and has answered all questions asked by the minor and the person providing consent pursuant to subsection 2 or 4; and
(b) To the best of the physician’s knowledge, the minor or incapacitated person and the person providing consent under subsection 2 or 4 have been adequately informed and have consented to the procedure;
(8) A parental or alternative consent statement stating that the person providing consent pursuant to subsection 2 or 4:
(a) Understands that the doctor signing the physician declaration described in subparagraph (7) is going to perform an abortion on the minor or incapacitated person that will terminate her pregnancy;
(b) Has had the opportunity to read the form under this subsection or the form has been read to that person and that person has initialed each page;
(c) Has had the opportunity to ask the physician or the physician’s assistant questions about the information in the form under this subsection and the surgical and medical procedures to be performed on the minor or incapacitated person;
(d) Believes that the person providing consent has sufficient information to give informed consent; and
(e) Affirms, by signing the form under this subsection, that the person is the minor’s or incapacitated person’s father, mother, legal guardian, sibling, grandparent or stepparent;
(9) A page for the signature of the person providing consent under subsection 2 or 4; and
(10) Any additional information that must be provided to a woman under the laws of this State in order for a physician to obtain her informed consent prior to performing an abortion.
The department shall compile the data on an annual basis and make the compilation available to the public.
Sec. 4. 22 MRSA 1598, sub- 1, as amended by PL 1993, c. 61, 2, is further amended to read:
This bill repeals the current law concerning consent for a minor’s abortion.
This bill requires the written consent of a parent or legal guardian before an abortion may be performed on a minor or an incapacitated person. Consent may be given in certain circumstances by a brother or sister who is at least 21 years of age or by a stepparent or a grandparent. Consent is not required in a medical emergency. The Probate Court or District Court may issue an order for the purpose of consenting to the abortion in 2 circumstances. First, the court may waive the need for 3rd-party consent if it finds by clear and convincing evidence that the petitioner is both sufficiently mature and well-informed to decide whether to have an abortion. Second, the court may waive the need for 3rd-party consent if the court finds by clear and convincing evidence that there is a pattern of physical or sexual abuse or neglect of the petitioner by one or both of her parents or her guardian or that notification of a parent or guardian is not in the best interests of the petitioner.
Pattern of Cosponsorship by Region:
Pattern of Cosponsorship by Gender:
Pattern of Cosponsorship by Party:
Pattern of Cosponsorship by Campaign Finance Classification:
Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.
In The News…
Recent news stories featuring LD 83:
- Portland Press Herald: Maine lawmakers reject â€˜parental consentâ€™ abortion bill
- Kennebec Journal: OUR OPINION: Parental-consent law wonâ€™t protect teensâ€™ health
This information about LD 83 was last updated on 2016-05-12.
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