SENATE DOCKET, NO. 35        FILED ON: 1/10/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 999


The Commonwealth of Massachusetts



Katherine M. Clark


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 responsible counseling.






Katherine M. Clark

Fifth Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

John W. Scibak

2nd Hampshire

Martha M. Walz

8th Suffolk

Jason M. Lewis

Fifth Middlesex

Jennifer L. Flanagan

Worcester and Middlesex

Michael J. Barrett

Third Middlesex

Mary S. Keefe

15th Worcester

Kenneth J. Donnelly

Fourth Middlesex

James B. Eldridge

Middlesex and Worcester

Thomas P. Conroy

13th Middlesex

Denise Provost

27th Middlesex

Denise Andrews

2nd Franklin

Thomas J. Calter

12th Plymouth

Alice Hanlon Peisch

14th Norfolk

John F. Keenan

Norfolk and Plymouth

SENATE DOCKET, NO. 35        FILED ON: 1/10/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 999

By Ms. Clark, a petition (accompanied by bill, Senate, No. 999) of Katherine M. Clark, William N. Brownsberger, John W. Scibak, Martha M. Walz and other members of the General Court for legislation relative to the responsible counseling of pregnant women.  Public Health.


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act relative to responsible counseling.


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

Section 12S of Chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in the second paragraph the second, third, fourth, fifth, and sixth sentences and inserting in place thereof the following:— 

If a pregnant woman is less than eighteen 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.