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HB 112: "An Act relating to information and services available to pregnant women and other persons; and ensuring informed consent before an abortion may be performed, except in cases of medical emergency."

00                             HOUSE BILL NO. 112                                                                          
01 "An Act relating to information and services available to pregnant women and other                                      
02 persons; and ensuring informed consent before an abortion may be performed, except in                                   
03 cases of medical emergency."                                                                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 18.05 is amended by adding a new section to read:                                                 
06            Sec. 18.05.032.  Information relating to pregnancy and pregnancy                                           
07       alternatives.  (a)  The department shall prepare a standard information pamphlet that                           
08                 (1)  contains geographically indexed material designed to inform a                                      
09       person of public and private agencies and services that are available to assist a                                 
10       pregnant woman with the woman's reproductive choices; the department should                                       
11       include information about at least the following types of agencies and services:                                  
12                      (A)  agencies and services designed to assist a woman through                                      
13            pregnancy, including adoption agencies and counseling services; and                                          
14                      (B)  clinics and facilities that provide abortion options and                                      
01            counseling and post-abortion counseling and services;                                                        
02                 (2)  includes a comprehensive regional directory of the agencies and                                    
03       clinics identified by the department under (1) of this subsection, a description of the                           
04       services they offer, and the manner in which the agencies and clinics may be                                      
05       contacted, including telephone numbers;                                                                           
06                 (3)  provides information concerning the circumstantial criteria for the                                
07       availability of medical assistance benefits for prenatal care, childbirth, and neonatal                           
08       care, as well as the circumstantial criteria for the availability of medical assistance                           
09       benefits for abortion services;                                                                                   
10                 (4)  states that a person who coerces a woman to undergo an abortion                                    
11       may be prosecuted for a felony offense under AS 11.41.530;                                                        
12                 (5)  states that a physician who performs or induces an abortion on a                                   
13       woman without obtaining the woman's informed consent may be liable to the woman                                   
14       for damages in a civil action;                                                                                    
15                 (6)  states that the father of a child is liable to assist in the support of                            
16       the child even in instances where the father has offered to pay for an abortion, and that                         
17       the law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal                          
18       care;                                                                                                             
19                 (7)  describes the fetal development of a typical unborn child at two-                                  
20       week gestational increments from fertilization to full-term, including photographs                                
21       depicting the anatomical characteristics of a typical unborn child at two-week                                    
22       gestational increments, and relevant information about the possibility of an unborn                               
23       child's survival at the various gestational ages; the fetal dimensions in the photographs                         
24       must be accurately represented and shall be realistic and appropriate for the woman's                             
25       state of pregnancy; the information must be objective, nonjudgmental, and designed to                             
26       convey only accurate scientific information about unborn children at various                                      
27       gestational ages;                                                                                                 
28                 (8)  contains objective, unbiased information that describes the methods                                
29       of abortion procedures and treatments commonly employed and the medical risks and                                 
30       possible complications commonly associated with each procedure and treatment, as                                  
31       well as the possible psychological effects that have been associated with having an                               
01       abortion;                                                                                                         
02                 (9)  contains objective, unbiased information describing the possible                                   
03       medical risks and complications commonly associated with pregnancy and childbirth,                                
04       as well as the possible psychological effects that have been associated with carrying a                           
05       child to term.                                                                                                    
06            (b)  The information required under (a) of this section must be written in easily                            
07       comprehensible language and must be printed in a typeface that is large enough to be                              
08       clearly legible.                                                                                                  
09            (c)  The department shall make the information required under (a) of this                                    
10       section available free of charge on request and in appropriate volume to the requester.                           
11            (d)  In this section,                                                                                        
12                 (1)  "fertilization" means the fusion of a human spermatozoon with a                                    
13       human ovum;                                                                                                       
14                 (2)  "gestational age" means the age of the unborn child as calculated                                  
15       from the first day of the last menstrual period of a pregnant woman;                                              
16                 (3)  "informed consent" means a voluntary and knowing decision to                                       
17       undergo a specific procedure or treatment, based on at least the following information:                           
18       a description of the proposed treatment or procedure, reasonably foreseeable                                      
19       complications and risks to the patient from the procedure, and the manner in which the                            
20       procedure and its foreseeable complications and risks compare with those of each                                  
21       readily available alternative to the procedure;                                                                   
22                 (4)  "unborn child" means the offspring of a human being in utero at                                    
23       various stages of biological development.                                                                         
24    * Sec. 2.  AS 18.16.010(a) is amended to read:                                                                     
25            (a)  An abortion may not be performed in this state unless                                                   
26                 (1)  the abortion is performed by a physician or surgeon licensed by the                                
27       State Medical Board under AS 08.64.200;                                                                           
28                 (2)  the abortion is performed in a hospital or other facility approved for                             
29       the purpose by the Department of Health and Social Services or a hospital operated by                             
30       the federal government or an agency of the federal government;                                                    
31                 (3)  before an abortion is knowingly performed or induced on an                                         
01       unmarried, unemancipated woman under 17 years of age, consent has been given as                                   
02       required under AS 18.16.020 or a court has authorized the minor to consent to the                                 
03       abortion under AS 18.16.030 and the minor consents; for purposes of enforcing this                                
04       paragraph, there is a rebuttable presumption that a woman who is unmarried and under                              
05       17 years of age is unemancipated; [AND]                                                                           
06                 (4)  the woman is domiciled or physically present in the state for 30                                   
07       days before the abortion; and                                                                                 
08                 (5)  the applicable requirements of AS 18.16.060 have been                                          
09       satisfied.                                                                                                    
10    * Sec. 3.  AS 18.16.010 is amended by adding a new subsection to read:                                             
11            (h)  A person who performs or induces an abortion in violation of (a)(5) of this                             
12       section is civilly liable to the pregnant woman for compensatory and punitive                                     
13       damages.  In a civil action under this subsection, there is a rebuttable presumption that                         
14       an abortion was performed without the pregnant woman's informed consent if the                                    
15       physician who performed the abortion does not submit into evidence the copy of the                                
16       woman's written certification required to be retained in the physician's files under                              
17       AS 18.16.060(b)(3).                                                                                               
18    * Sec. 4.  AS 18.16 is amended by adding a new section to read:                                                    
19            Sec. 18.16.060.  Informed consent requirements.  (a)  Except in the case of a                              
20       medical emergency, a person may not knowingly perform or induce an abortion                                       
21       without the voluntary and informed consent of the woman on whom the abortion is to                                
22       be performed or induced.                                                                                          
23            (b)  Consent to an abortion is voluntary and informed when all of the following                              
24       are true:                                                                                                         
25                 (1)  before the abortion procedure, the physician who is to perform the                                 
26       abortion or the referring physician has orally informed the woman of the                                          
27                      (A)  name of the physician who will perform the procedure;                                         
28                      (B)  gestational estimation of the pregnancy at the time the                                       
29            abortion is to be performed; and                                                                             
30                      (C)  nature and risks of undergoing or not undergoing the                                          
31            proposed procedure that a reasonable patient would consider material to                                      
01            making a voluntary and informed decision of whether to undergo the                                           
02            procedure;                                                                                                   
03                 (2)  before the abortion, the woman certifies in writing that the                                       
04       information required to be given under (1) of this subsection has been provided; and                              
05                 (3)  the physician who is to perform the abortion or a representative of                                
06       the physician receives a copy of the written certificate required under (2) of this                               
07       subsection and retains a copy in the physician's file.                                                            
08            (c)  The information required in (b)(1) of this section shall be provided to the                             
09       woman individually and in a private setting to protect the woman's privacy, maintain                              
10       the confidentiality of the woman's decision, ensure that the information focuses on the                           
11       woman's individual circumstances, and ensure that the woman has an adequate                                       
12       opportunity to ask questions.                                                                                     
13            (d)  In this section,                                                                                        
14                 (1)  "informed consent" means a voluntary and knowing decision to                                       
15       undergo a specific procedure or treatment, based on at least the following information:                           
16       a description of the proposed treatment or procedure, reasonably foreseeable                                      
17       complications and risks to the patient from the procedure, and the manner in which the                            
18       procedure and its foreseeable complications and risks compare with those of each                                  
19       readily available alternative to the procedure;                                                                   
20                 (2)  "medical emergency" means a condition that, on the basis of a                                      
21       physician's good faith clinical judgment, so complicates the medical condition of a                               
22       pregnant woman that                                                                                               
23                      (A)  the immediate termination of the woman's pregnancy is                                         
24            necessary to avert the woman's death; or                                                                     
25                      (B)  a delay in providing an abortion will create serious risk of                                  
26            substantial and irreversible impairment of a major bodily function of the                                    
27            woman.                                                                                                       
28    * Sec. 5.  The uncodified law of the State of Alaska is amended by adding a new section to                         
29 read:                                                                                                                   
30       SEVERABILITY.  Under AS 01.10.030, the provisions of this Act are severable.