txt

HB 266: "An Act relating to the duties of physicians and health care practitioners when performing or inducing abortions; providing that a child removed from a pregnant woman's womb alive after an abortion may be surrendered and found to be a child in need of aid; and providing for an effective date."

00                             HOUSE BILL NO. 266                                                                          
01 "An Act relating to the duties of physicians and health care practitioners when                                         
02 performing or inducing abortions; providing that a child removed from a pregnant                                        
03 woman's womb alive after an abortion may be surrendered and found to be a child in                                      
04 need of aid; and providing for an effective date."                                                                      
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 18.16.010 is amended by adding new subsections to read:                                            
07 (k)  When a physician performs or induces an abortion in the state, the                                                 
08 physician shall use the method of terminating the pregnancy that provides the best                                      
09 opportunity for the unborn child to survive after the child is removed from the                                         
10       pregnant woman's womb if, in the physician's clinical judgment, the method of                                     
11       terminating the pregnancy does not present a serious risk to the life or health of the                            
12       pregnant woman.                                                                                                   
13            (l)  If the unborn child is removed from the pregnant woman's womb alive                                     
14       under (k) of this section, any health care practitioner present shall exercise the same                           
01       degree of professional skill, care, and diligence to preserve the life and health of the                          
02       child as a reasonably diligent and conscientious health care practitioner would render                            
03       to a child born alive at the same fetal age in the course of a natural birth.                                     
04            (m)  In this section,                                                                                        
05                 (1)  "alive" means that a child, after birth or removal from a pregnant                                 
06       woman's womb, has spontaneous respiratory or cardiac function or pulsation of the                                 
07       umbilical cord, regardless of whether the umbilical cord has been cut;                                            
08                 (2)  "clinical judgment" means a physician's or surgeon's subjective                                    
09       professional medical judgment exercised in good faith;                                                            
10                 (3)  "fertilization" has the meaning given in AS 18.05.032(c);                                          
11 (4)  "fetal age" means the age of the unborn child as calculated from the                                               
12       moment of fertilization.                                                                                          
13    * Sec. 2. AS 18.16 is amended by adding a new section to read:                                                     
14 Sec. 18.16.012. Surrender of child removed from womb alive. If a child is                                             
15 removed from a pregnant woman's womb alive under AS 18.16.010(k) and (l), the                                           
16 child's parent may surrender the child to the physician or an employee of the hospital                                  
17 or facility where the abortion is performed under AS 47.10.013(c). The person to                                        
18 whom the child is surrendered shall notify the Department of Health and Social                                          
19       Services as required under AS 47.10.013(d).                                                                       
20    * Sec. 3. AS 47.10.011 is amended to read:                                                                         
21 Sec. 47.10.011. Children in need of aid. Subject to AS 47.10.019, the court                                           
22 may find a child to be a child in need of aid if it finds by a preponderance of the                                     
23       evidence that the child has been subjected to any of the following:                                               
24 (1)  a parent or guardian has abandoned the child as described in                                                       
25 AS 47.10.013, and the other parent is absent or has committed conduct or created                                        
26       conditions that cause the child to be a child in need of aid under this chapter;                                  
27 (2)  a parent, guardian, or custodian is incarcerated, the other parent is                                              
28 absent or has committed conduct or created conditions that cause the child to be a                                      
29 child in need of aid under this chapter, and the incarcerated parent has not made                                       
30       adequate arrangements for the child;                                                                              
31 (3)  a custodian with whom the child has been left is unwilling or                                                      
01       unable to provide care, supervision, or support for the child, and the whereabouts of                             
02       the parent or guardian is unknown;                                                                                
03                 (4)  the child is in need of medical treatment to cure, alleviate, or                                   
04       prevent substantial physical harm or is in need of treatment for mental injury and the                            
05       child's parent, guardian, or custodian has knowingly failed to provide the treatment;                             
06                 (5)  the child is habitually absent from home or refuses to accept                                      
07       available care and the child's conduct places the child at substantial risk of physical or                        
08       mental injury;                                                                                                    
09                 (6)  the child has suffered substantial physical harm, or there is a                                    
10 substantial risk that the child will suffer substantial physical harm, as a result of                                   
11 conduct by or conditions created by the child's parent, guardian, or custodian or by the                                
12       failure of the parent, guardian, or custodian to supervise the child adequately;                                  
13 (7)  the child has suffered sexual abuse, or there is a substantial risk that                                           
14 the child will suffer sexual abuse, as a result of conduct by or conditions created by the                              
15 child's parent, guardian, or custodian or by the failure of the parent, guardian, or                                    
16 custodian to adequately supervise the child; if a parent, guardian, or custodian has                                    
17 actual notice that a person has been convicted of a sex offense against a minor within                                  
18 the past 15 years, is registered or required to register as a sex offender under AS 12.63,                              
19 or is under investigation for a sex offense against a minor, and the parent, guardian, or                               
20 custodian subsequently allows a child to be left with that person, this conduct                                         
21 constitutes prima facie evidence that the child is at substantial risk of being sexually                                
22       abused;                                                                                                           
23 (8)  conduct by or conditions created by the parent, guardian, or                                                       
24       custodian have                                                                                                    
25                      (A)  resulted in mental injury to the child; or                                                    
26 (B)  placed the child at substantial risk of mental injury as a                                                         
27            result of                                                                                                    
28 (i)  a pattern of rejecting, terrorizing, ignoring, isolating,                                                          
29 or corrupting behavior that would, if continued, result in mental injury;                                               
30                 [OR]                                                                                                    
31 (ii)  exposure to conduct by a household member, as                                                                     
01 defined in AS 18.66.990, against another household member that is a                                                     
02 crime under AS 11.41.100 - 11.41.220, 11.41.230(a)(1) or (2), or                                                        
03 11.41.410 - 11.41.432, an offense under a law or ordinance of another                                                   
04 jurisdiction having elements similar to a crime under AS 11.41.100 -                                                    
05 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 - 11.41.432, an attempt                                                 
06 to commit an offense that is a crime under AS 11.41.100 - 11.41.220 or                                                  
07 11.41.410 - 11.41.432, or an attempt to commit an offense under a law                                                   
08 or ordinance of another jurisdiction having elements similar to a crime                                                 
09                 under AS 11.41.100 - 11.41.220 or 11.41.410 - 11.41.432; or                                             
10 (iii)  repeated exposure to conduct by a household                                                                      
11 member, as defined in AS 18.66.990, against another household                                                           
12 member that is a crime under AS 11.41.230(a)(3) or 11.41.250 -                                                          
13 11.41.270 or an offense under a law or ordinance of another jurisdiction                                                
14 having elements similar to a crime under AS 11.41.230(a)(3) or                                                          
15                 11.41.250 - 11.41.270;                                                                                  
16 (9)  conduct by or conditions created by the parent, guardian, or                                                       
17       custodian have subjected the child or another child in the same household to neglect;                             
18 (10)  the parent, guardian, or custodian's ability to parent has been                                                   
19 substantially impaired by the addictive or habitual use of an intoxicant, and the                                       
20 addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to                               
21 the child; if a court has previously found that a child is a child in need of aid under this                            
22 paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian                                   
23 within one year after rehabilitation is prima facie evidence that the ability to parent is                              
24 substantially impaired and the addictive or habitual use of the intoxicant has resulted                                 
25       in a substantial risk of harm to the child as described in this paragraph;                                        
26 (11)  the parent, guardian, or custodian has a mental illness, serious                                                  
27 emotional disturbance, or mental deficiency of a nature and duration that places the                                    
28       child at substantial risk of physical harm or mental injury;                                                      
29 (12)  the child has committed an illegal act as a result of pressure,                                                   
30       guidance, or approval from the child's parent, guardian, or custodian;                                        
31 (13)  the child was removed from the mother's womb alive during                                                     
01       an abortion performed under AS 18.16.010(k) and (l) and a parent of the child is                            
02       unwilling or unable to care for the child.                                                                    
03    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
04 read:                                                                                                                   
05       APPLICABILITY. AS 18.16.010(k) - (m), added by sec. 1 of this Act, AS 18.16.012,                                  
06 added by sec. 2 of this Act, and AS 47.10.011, as amended by sec. 3 of this Act, apply to                               
07 abortions performed or induced on or after the effective date of those sections.                                        
08    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).