HB 283: "An Act relating to the duties of physicians and health care practitioners when performing or inducing abortions."

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.