HB 329: "An Act relating to consent to abortion and parental notification of an abortion on a minor; and repealing the judicial bypass provisions relating to abortions."
00 HOUSE BILL NO. 329 01 "An Act relating to consent to abortion and parental notification of an abortion on a 02 minor; and repealing the judicial bypass provisions relating to abortions." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.16.010(a) is amended to read: 05 (a) An abortion may not be performed in this state unless 06 (1) the abortion is performed by a physician licensed by the State 07 Medical Board under AS 08.64.200; 08 (2) the abortion is performed in a hospital or other facility approved for 09 the purpose by the Department of Health and Social Services or a hospital operated by 10 the federal government or an agency of the federal government; 11 (3) before an abortion is knowingly performed or induced on an 12 unmarried, unemancipated woman under 16 [17] years of age, notice [CONSENT] has 13 been given as required under AS 18.16.020 [OR A COURT HAS AUTHORIZED 14 THE MINOR TO CONSENT TO THE ABORTION UNDER AS 18.16.030] and the
01 minor consents; for purposes of enforcing this paragraph, there is a rebuttable 02 presumption that a woman who is unmarried and under 16 [17] years of age is 03 unemancipated; 04 (4) the woman is domiciled or physically present in the state for 30 05 days before the abortion; and 06 (5) the applicable requirements of AS 18.16.060 have been satisfied. 07 * Sec. 2. AS 18.16.010(f) is amended to read: 08 (f) It is an affirmative defense to a prosecution or claim for a violation of 09 (a)(3) of this section that the pregnant minor provided the person who performed or 10 induced the abortion with false, misleading, or incorrect information about the minor's 11 age, marital status, or emancipation, and the person who performed or induced the 12 abortion did not otherwise have reasonable cause to believe that the pregnant minor 13 was under 16 [17] years of age, unmarried, or unemancipated. 14 * Sec. 3. AS 18.16.020 is repealed and reenacted to read: 15 Sec. 18.16.020. Notice required before minor's abortion. (a) A person may 16 not knowingly perform or induce an abortion on a minor who is known to the person 17 to be pregnant, unmarried, under 16 years of age, and unemancipated unless, before 18 the abortion, one of the minor's parents or the minor's guardian or custodian has been 19 notified in writing of the performance or inducement of the abortion. 20 (b) Notwithstanding (a) of this section, notice is not required in the case of a 21 medical emergency or if the pregnancy is the result of incest under AS 11.41.450, or 22 an offense under a law of another jurisdiction with elements similar to AS 11.41.450. 23 * Sec. 4. AS 18.16.060(a) is amended to read: 24 (a) Except as provided in (d) of this section, a person may not knowingly 25 perform or induce an abortion without the voluntary and informed consent of a person 26 [(1) A WOMAN] on whom an abortion is to be performed or induced 27 [; 28 (2) THE PARENT, GUARDIAN, OR CUSTODIAN OF A 29 PREGNANT, UNEMANCIPATED MINOR IF REQUIRED UNDER AS 18.16.020; 30 OR 31 (3) A PREGNANT, UNEMANCIPATED MINOR IF AUTHORIZED
01 BY A COURT UNDER AS 18.16.030]. 02 * Sec. 5. AS 18.16.060(b) is amended to read: 03 (b) Consent to an abortion is informed and voluntary when the [WOMAN OR 04 ANOTHER] person whose consent is required certifies in writing that the physician 05 who is to perform the abortion, a member of the physician's staff who is a licensed 06 health care provider, or the referring physician has verbally informed the [WOMAN 07 OR ANOTHER] person whose consent is required of the name of the physician who 08 will perform the procedure and the gestational estimation of the pregnancy at the time 09 the abortion is to be performed and has provided either 10 (1) the Internet information required to be maintained under 11 AS 18.05.032; the physician or a member of the physician's staff who is a licensed 12 health care provider shall provide a copy of the Internet information if a person 13 requests a written copy; if a member of the physician's staff provides the information 14 required under this paragraph, the member of the physician's staff shall offer the 15 opportunity to consult with the physician; or 16 (2) information about the nature and risks of undergoing or not 17 undergoing the proposed procedure that a reasonable patient would consider material 18 to making a voluntary and informed decision of whether to undergo the procedure. 19 * Sec. 6. AS 18.16.060(d) is amended to read: 20 (d) Notwithstanding (a) of this section, informed consent that meets the 21 requirements of (a) - (c) of this section is not required in the case of a medical 22 emergency [OR IF THE PREGNANCY IS THE RESULT OF SEXUAL ASSAULT 23 UNDER AS 11.41.410 - 11.41.427, SEXUAL ABUSE OF A MINOR UNDER 24 AS 11.41.434 - 11.41.440, INCEST UNDER AS 11.41.450, OR AN OFFENSE 25 UNDER A LAW OF ANOTHER JURISDICTION WITH ELEMENTS SIMILAR 26 TO ONE OF THESE OFFENCES. IN THIS SUBSECTION, "MEDICAL 27 EMERGENCY" MEANS A CONDITION THAT, ON THE BASIS OF A 28 PHYSICIAN'S GOOD FAITH CLINICAL JUDGMENT, SO COMPLICATES THE 29 MEDICAL CONDITION OF A PREGNANT WOMAN THAT 30 (1) THE IMMEDIATE TERMINATION OF THE WOMAN'S 31 PREGNANCY IS NECESSARY TO AVERT THE WOMAN'S DEATH; OR
01 (2) A DELAY IN PROVIDING AN ABORTION WILL CREATE 02 SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A 03 MAJOR BODILY FUNCTION OF THE WOMAN]. 04 * Sec. 7. AS 18.16.090 is amended by adding a new paragraph to read: 05 (3) "medical emergency" means a condition that, on the basis of a 06 physician's good faith clinical judgment, so complicates the medical condition of a 07 pregnant woman that 08 (A) the immediate termination of the woman's pregnancy is 09 necessary to avert the woman's death; or 10 (B) a delay in providing an abortion will create serious risk of 11 substantial and irreversible impairment of a major bodily function of the 12 woman. 13 * Sec. 8. AS 44.21.410(a) is amended to read: 14 (a) The office of public advocacy shall 15 (1) perform the duties of the public guardian under AS 13.26.360 - 16 13.26.410; 17 (2) provide visitors and experts in guardianship proceedings under 18 AS 13.26.131; 19 (3) provide guardian ad litem services to children in child protection 20 actions under AS 47.17.030(e) and to wards and respondents in guardianship 21 proceedings who will suffer financial hardship or become dependent upon a 22 government agency or a private person or agency if the services are not provided at 23 state expense under AS 13.26.025; 24 (4) provide legal representation [IN CASES INVOLVING JUDICIAL 25 BYPASS PROCEDURES FOR MINORS SEEKING ABORTIONS UNDER 26 AS 18.16.030,] in guardianship proceedings to respondents who are financially unable 27 to employ attorneys under AS 13.26.106(b), to indigent parties in cases involving 28 child custody in which the opposing party is represented by counsel provided by a 29 public agency, to indigent parents or guardians of a minor respondent in a 30 commitment proceeding concerning the minor under AS 47.30.775; 31 (5) provide legal representation and guardian ad litem services under
01 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 02 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 03 petitions for the termination of parental rights on grounds set out in 04 AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor 05 under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under 06 AS 47.12.090; in cases involving appointments under AS 18.66.100(a) in petitions for 07 protective orders on behalf of a minor; and in cases involving indigent persons who 08 are entitled to representation under AS 18.85.100 and who cannot be represented by 09 the public defender agency because of a conflict of interests; 10 (6) develop and coordinate a program to recruit, select, train, assign, 11 and supervise volunteer guardians ad litem from local communities to aid in delivering 12 services in cases in which the office of public advocacy is appointed as guardian ad 13 litem; 14 (7) provide guardian ad litem services in proceedings under 15 AS 12.45.046 or AS 18.15.355 - 18.15.395; 16 (8) establish a fee schedule and collect fees for services provided by 17 the office, except as provided in AS 18.85.120 or when imposition or collection of a 18 fee is not in the public interest as defined under regulations adopted by the 19 commissioner of administration; 20 (9) provide visitors and guardians ad litem in proceedings under 21 AS 47.30.839; 22 (10) provide legal representation to an indigent parent of a child with a 23 disability; in this paragraph, "child with a disability" has the meaning given in 24 AS 14.30.350; 25 (11) investigate complaints and bring civil actions under 26 AS 44.21.415(a) involving fraud committed against residents of the state who are 60 27 years of age or older; in this paragraph, "fraud" has the meaning given in 28 AS 44.21.415. 29 * Sec. 9. AS 18.16.030 is repealed.