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HB 270: "An Act relating to licensing of and other requirements for facilities that provide abortion services; defining 'ambulatory surgical facility'; and relating to state assistance for abortions."

00                             HOUSE BILL NO. 270                                                                          
01 "An Act relating to licensing of and other requirements for facilities that provide                                     
02 abortion services; defining 'ambulatory surgical facility'; and relating to state assistance                            
03 for abortions."                                                                                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 18.07.111 is amended by adding a new paragraph to read:                                            
06                 (11)  "ambulatory surgical facility" has the meaning given to                                           
07       "ambulatory surgical center" in AS 47.32.900.                                                                     
08    * Sec. 2. AS 18.16.010(a) is amended to read:                                                                      
09            (a)  An abortion may not be performed in this state unless                                                   
10                 (1)  the abortion is performed by a physician licensed by the State                                     
11       Medical Board under AS 08.64.200;                                                                                 
12                 (2)  the abortion is performed in                                                                       
13                      (A)  a hospital [OR OTHER FACILITY] approved for the                                           
14            purpose by the Department of Health and Social Services or a hospital                                        
01            operated by the federal government or an agency of the federal government; or                            
02                      (B)  a facility licensed as an ambulatory surgical center and                                  
03            approved for the purpose by the Department of Health and Social                                          
04            Services;                                                                                                
05                 (3)  before an abortion is knowingly performed or induced on an                                         
06       unmarried, unemancipated woman under 17 years of age, consent has been given as                                   
07       required under AS 18.16.020 or a court has authorized the minor to consent to the                                 
08       abortion under AS 18.16.030 and the minor consents; for purposes of enforcing this                                
09       paragraph, there is a rebuttable presumption that a woman who is unmarried and under                              
10       17 years of age is unemancipated;                                                                                 
11                 (4)  the woman is domiciled or physically present in the state for 30                                   
12       days before the abortion; and                                                                                     
13                 (5)  the applicable requirements of AS 18.16.060 have been satisfied.                                   
14    * Sec. 3. AS 47.07 is amended by adding a new section to read:                                                     
15            Sec. 47.07.066. Payment for abortion services. The department may not pay                                  
16       for abortion services using state funds appropriated from the general fund unless the                             
17       abortion services are provided at a facility licensed by the state or that meets                                  
18       equivalent licensing standards in another state and that otherwise meets all                                      
19       requirements imposed on an ambulatory surgical facility in the state.                                             
20    * Sec. 4. AS 47.32.900(1) is amended to read:                                                                      
21                 (1)  "ambulatory surgical center" means a facility that                                                 
22                      (A)  is not a part of a hospital or a physician's general medical                                  
23            practice; and                                                                                                
24                      (B)  operates primarily for the purpose of providing surgical                                      
25            services to patients who do not require hospitalization; in this subparagraph,                           
26            "surgical services" includes abortion services if abortions are performed;