00                            HOUSE BILL NO. 283                                                                          
01 "An Act relating to the duties of physicians and health care practitioners when                                         
02 performing or inducing abortions."                                                                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 18.16.010 is amended by adding new subsections to read:                                            
05 (k)  When a physician performs or induces an abortion in the state, the                                                 
06 physician shall use the method of terminating the pregnancy that provides the best                                      
07 opportunity for the unborn child to survive after the child is removed from the                                         
08 pregnant woman's womb if, in the physician's clinical judgment, the method of                                           
09 terminating the pregnancy does not present a serious risk to the life or health of the                                  
10       pregnant woman.                                                                                                   
11 (l)  If the unborn child is removed from the pregnant woman's womb alive                                                
12 under (k) of this section, any health care practitioner present shall exercise the same                                 
13 degree of professional skill, care, and diligence to preserve the life and health of the                                
14 child as a reasonably diligent and conscientious health care practitioner would render                                  

01       to a child born alive at the same fetal age in the course of a natural birth.                                     
02            (m)  In this section,                                                                                        
03                 (1)  "alive" means that a child, after birth or removal from a pregnant                                 
04       woman's womb, has spontaneous respiratory or cardiac function or pulsation of the                                 
05       umbilical cord, regardless of whether the umbilical cord has been cut;                                            
06                 (2)  "clinical judgment" means a physician's or surgeon's subjective                                    
07       professional medical judgment exercised in good faith;                                                            
08                 (3)  "fertilization" has the meaning given in AS 18.05.032(c);                                          
09                 (4)  "fetal age" means the age of the unborn child as calculated from the                               
10       moment of fertilization.                                                                                          
11    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
12 read:                                                                                                                   
13       APPLICABILITY. Section 1 of this Act applies to abortions performed or induced on                                 
14 or after the effective date of this Act.