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SB 191: "An Act requiring an ultrasound before an abortion."

00 SENATE BILL NO. 191 01 "An Act requiring an ultrasound before an abortion." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.16.060(b) is amended to read: 04 (b) Consent to an abortion is informed and voluntary when the woman or 05 another person whose consent is required certifies in writing that the physician who is 06 to perform the abortion, a member of the physician's staff who is a licensed health care 07 provider, or the referring physician has verbally informed the woman or another 08 person whose consent is required of the name of the physician who will perform the 09 procedure and the gestational estimation of the pregnancy at the time the abortion is to 10 be performed, verified by ultrasound examination conducted as provided under 11 (e) of this section, and has provided either 12 (1) the Internet information required to be maintained under 13 AS 18.05.032; the physician or a member of the physician's staff who is a licensed 14 health care provider shall provide a copy of the Internet information if a person 15 requests a written copy; if a member of the physician's staff provides the information

01 required under this paragraph, the member of the physician's staff shall offer the 02 opportunity to consult with the physician; or 03 (2) information about the nature and risks of undergoing or not 04 undergoing the proposed procedure that a reasonable patient would consider material 05 to making a voluntary and informed decision of whether to undergo the procedure. 06 * Sec. 2. AS 18.16.060(c) is amended to read: 07 (c) The information required in (b) and (e) of this section shall be provided 08 before the procedure in a private setting to protect privacy, maintain the confidentiality 09 of the decision, ensure that the information focuses on the individual circumstances, 10 and ensure an adequate opportunity to ask questions. Provision of the information 11 telephonically or by electronic mail, regular mail, or facsimile transmittal before the 12 person's appointment satisfies the requirements of this subsection as long as the person 13 whose consent is required under (a) of this section has an opportunity to ask questions 14 of the physician after receiving the information. 15 * Sec. 3. AS 18.16.060 is amended by adding a new subsection to read: 16 (e) In addition to the information provided under (a) - (c) of this section, a 17 physician or another qualified person under the direction of the physician shall 18 conduct an ultrasound examination before performing an abortion as follows: 19 (1) except as provided in (d) of this section, the woman or another 20 person whose consent is required shall be informed of her right to 21 (A) view the ultrasound image while the examination is being 22 conducted; 23 (B) receive an explanation by a health care professional of the 24 ultrasound image while the examination is being conducted; in this 25 subparagraph, "health care professional" means a person who is licensed in the 26 state as a physician or a registered nurse, practical nurse, advanced nurse 27 practitioner, physician assistant who is working under the direction of a 28 licensed physician, or a person who is trained and certified by a nationally 29 recognized entity as a sonographer; 30 (C) decline to view the image or hear the explanation described 31 in (A) and (B) of this paragraph;

01 (2) the ultrasound shall be conducted in a manner consistent with 02 standards of medical practice in the community; 03 (3) if the woman or another person whose consent is required declines 04 under (1)(C) of this subsection, the woman shall sign a form stating that she was 05 provided an opportunity to view the ultrasound and to hear an explanation of the 06 examination but that she declined to view the ultrasound or hear an explanation of the 07 examination or both.