00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 329 01 "An Act relating to services and information available to pregnant women and 02 other persons; and requiring informed consent and a 24-hour waiting period 03 before an abortion may be performed unless there is a 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 unborn children and abortion. (a) 07 The department shall obtain or prepare written information that 08  (1) contains geographically-indexed material designed to inform a 09 person of public and private agencies and services, including adoption agencies, that 10 are available to assist a woman through a pregnancy, at childbirth, and while the child 11 is dependent; the material must include a comprehensive list of the agencies, a 12 description of the services they offer, and the manner in which the agencies may be 13 contacted, including telephone numbers; in addition to this written material, the 14 department, through a toll-free 24-hour-a-day telephone number, shall orally provide 01 a list and description of agencies that are in the locality of the caller; 02  (2) provides information on the availability of medical assistance 03 benefits for prenatal care, childbirth, and neonatal care; 04  (3) states that a person may not lawfully coerce a woman to undergo 05 an abortion; 06  (4) states that a physician who performs or induces an abortion on a 07 woman without obtaining the woman's informed consent may be liable to the woman 08 for damages in a civil action; 09  (5) states that the father of a child is liable to assist in the support of 10 the child even in instances where the father has offered to pay for an abortion, and that 11 the law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal 12 care; 13  (6) is designed to inform the woman of the anatomical and 14 physiological characteristics of a typical unborn child at two-week gestational 15 increments from fertilization to full term, including photographs representing the 16 development of unborn children at two-week gestational increments and relevant 17 information about the possibility of an unborn child's survival at the various 18 gestational ages; the photographs must contain the dimensions of the fetus and shall 19 be realistic and appropriate for the woman's stage of pregnancy; the information must 20 be objective, nonjudgmental, and designed to convey only accurate scientific 21 information about unborn children at various gestational ages; 22  (7) contains objective information that describes the methods of 23 abortion procedures and treatments commonly employed, the medical risks commonly 24 associated with each procedure and treatment, the possible detrimental psychological 25 effects of abortion, and the medical risks commonly associated with carrying an 26 unborn child to term; the information about the medical risks commonly associated 27 with abortion procedures and treatments must include 28  (A) when medically accurate, the risks of infection, hemorrhage, 29 breast cancer, danger to subsequent pregnancies, and infertility; and 30  (B) where appropriate, the possible adverse psychological 31 effects of an abortion. 01  (b) The information required under (a) of this section must be written in easily 02 comprehensible language and must be printed in a typeface that is large enough to be 03 clearly legible. 04  (c) The department shall make the information required under (a) of this 05 section available free of charge on request and in an appropriate volume to the 06 requestor. 07  (d) In this section, 08  (1) "conception" means the fusion of a human spermatozoan with a 09 human ovum; 10  (2) "fertilization" has the meaning given "conception"; 11  (3) "gestational age" means the age of the unborn child as calculated 12 from the first day of the last menstrual period of the pregnant woman; 13  (4) "pregnant" or "pregnancy" means a female reproductive condition 14 of having a developing fetus in the body from the time of conception; 15  (5) "unborn child" means the offspring of human beings from 16 conception until birth. 17 * Sec. 2.  AS 18.16.010(a) is amended to read: 18  (a) An abortion may not be performed in this state unless 19  (1) the abortion is performed by a physician or surgeon licensed by the 20 State Medical Board under AS 08.64.200; 21  (2) the abortion is performed in a hospital or other facility approved for 22 the purpose by the Department of Health and Social Services or a hospital operated by 23 the federal government or an agency of the federal government; 24  (3) before an abortion is knowingly performed or induced on an 25 unmarried, unemancipated woman under 17 years of age, consent has been given as 26 required under AS 18.16.020 or a court has authorized the minor to consent to the 27 abortion under AS 18.16.030 and the minor consents; for purposes of enforcing this 28 paragraph, there is a rebuttable presumption that a woman who is unmarried and under 29 17 years of age is unemancipated; [AND] 30  (4) the woman is domiciled or physically present in the state for 30 31 days before the abortion ; and 01  (5) the applicable requirements of AS 18.16.060 have been satisfied . 02 * Sec. 3. AS 18.16.010 is amended by adding a new subsection to read: 03  (h) A person who performs or induces an abortion in violation of (a)(5) of this 04 section is civilly liable to the pregnant woman for compensatory and punitive damages. 05 * Sec. 4. AS 18.16 is amended by adding a new section to read: 06  Sec. 18.16.060. Informed consent requirements. (a) Except in case of a 07 medical emergency, a person may not knowingly perform or induce an abortion 08 without the voluntary and informed consent of the woman on whom the abortion is to 09 be performed or induced. 10  (b) Consent to an abortion is voluntary and informed only if all of the 11 following are true: 12  (1) at least 24 hours before the abortion, the physician who is to 13 perform the abortion or the referring physician has orally informed the woman of 14  (A) the particular medical risks associated with the abortion 15 procedure to be employed; the medical risks include, 16  (i) when medically accurate, the risks of infection, 17 hemorrhage, breast cancer, danger to subsequent pregnancies, and 18 infertility; and 19  (ii) where appropriate, the possible adverse 20 psychological effects of an abortion; 21  (B) alternatives to the abortion that a reasonable patient would 22 consider material to the decision of whether or not to undergo the abortion; 23  (C) the probable gestational age of the unborn child at the time 24 the abortion is to be performed; 25  (D) the medical risks associated with carrying the unborn child 26 to term; 27  (E) the name of the physician who will perform the abortion 28 procedure; 29  (F) that medical assistance benefits may be available for 30 prenatal care, childbirth, and neonatal care; and 31  (G) that the father is liable to assist in the support of the 01 woman's child, even in instances where the father has offered to pay for the 02 abortion. 03  (2) at least 24 hours before the abortion, the physician who is to 04 perform the abortion, the referring physician, or a person to whom the responsibility 05 has been delegated by either physician has informed the woman that 06  (A) the Department of Health and Social Services provides 07 written information that describes unborn children at various gestational ages 08 and lists the agencies that offer alternatives to abortion; and 09  (B) the woman has a right to review the written information 10 described in (A) of this paragraph and that a copy will be given to the woman 11 at no cost; 12  (3) a copy of the information described in (2)(A) of this subsection has 13 been given to the woman; and 14  (4) before the abortion, 15  (A) the woman certifies in writing that the information required 16 to be given under (1) - (3) of this subsection has been received; and 17  (B) the physician who is to perform the abortion or a 18 representative of the physician receives a copy of the written certificate 19 prescribed by (A) of this paragraph. 20  (c) In this section, 21  (1) "conception" means the fusion of a human spermatozoan with a 22 human ovum; 23  (2) "gestational age" means the age of the unborn child as calculated 24 from the first day of the last menstrual period of the pregnant woman; 25  (3) "medical emergency" means a condition that, on the basis of the 26 physician's good faith clinical judgment, so complicates the medical condition of a 27 pregnant woman that the immediate termination of the woman's pregnancy is necessary 28 to avert the woman's death or that a delay in providing an abortion will create serious 29 risk of substantial and irreversible impairment of a major bodily function of the 30 woman; 31  (4) "pregnant" or "pregnancy" means a female reproductive condition 01 of having a developing fetus in the body from the time of conception; 02  (5) "unborn child" means the offspring of human beings from 03 conception until birth. 04 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SEVERABILITY. Under AS 01.10.030, the provisions of this Act are severable.