HOUSE DOCKET, NO. 126        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2092

The Commonwealth of Massachusetts

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PRESENTED BY:

Ellen Story

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to consent and counseling.

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PETITION OF:

HOUSE DOCKET, NO. 126        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2092

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 629 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to consent and counseling.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

The second paragraph of section 12S of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the second, third, fourth, fifth, sixth, seventh, and eighth sentences and inserting in place thereof the following:-

If a pregnant woman is less than sixteen years of age and has not married, no physician may perform an abortion upon her unless the attending physician has received and made part of the medical record the written consent of the pregnant woman and: 

(1)the written consent of a parent, a legal guardian, a foster parent, or an adult family member twenty-five years of age or older; or   

(2)the authorization of a judge of the superior court department of the trial court; or   

(3)the written certification by an authorized individual that he has counseled the pregnant woman regarding alternative choices available to manage the pregnancy and the option of involving the woman's parents, guardians, or other adult family members in her decision-making. 

An authorized individual shall be either a medical professional registered under section two, nine F, seventy-four, or seventy-four A of this chapter, or a mental health professional licensed under section one hundred nineteen or one hundred thirty-one of this chapter.  The commissioner of public health shall prescribe a form for the authorized individual to use in certifying that he has provided counseling in accordance with this section.  A family member shall be one of the pregnant woman’s grandparents or their lineal descendants, including those by adoption, and spouses of any such persons. 

If a pregnant woman less than sixteen years of age has not married and she elects to seek the authorization of a judge of the superior court department of the trial court, the judge shall, upon petition or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests. A pregnant woman less than sixteen years of age may participate in proceedings in the superior court department of the trial court on her own behalf, and the court may appoint a guardian ad litem for her.