SENATE DOCKET, NO. 109        FILED ON: 1/9/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1209

The Commonwealth of Massachusetts

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PRESENTED BY:

Harriette L. Chandler

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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 to remove obstacles and expand abortion access.

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PETITION OF:

SENATE DOCKET, NO. 109        FILED ON: 1/9/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1209

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to remove obstacles and expand abortion access.

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

SECTION 1. Chapter 112 of the General Laws is hereby amended by striking out section 12K, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:

Section 12K. As used in section twelve L to section twelve U, inclusive, the following words shall have the following meanings:

Abortion, any medical treatment intended to induce the termination of a clinically diagnosable pregnancy except for the purpose of producing a live birth.  The term abortion does not include miscarriage management. 

Hospital, a hospital as defined in section fifty-two of chapter one hundred and eleven of the General Laws, and duly licensed under the provisions of section fifty-one of chapter one hundred and eleven of the General Laws.

Physician, an individual lawfully authorized to practice medicine within the Commonwealth.

Pregnancy, means the presence of an implanted human embryo or fetus within a person’s uterus.

SECTION 2. Said Chapter 112 of the General Laws is hereby further amended by striking out Sections 12L through 12U, inclusive, as so appearing, and inserting in place thereof the following sections:

Section 12L.  The Commonwealth shall not interfere with a person’s personal decision and ability to prevent, commence, terminate, or continue their own pregnancy consistent with this chapter.  The Commonwealth shall not restrict the use of medically appropriate methods of abortion or the manner in which medically appropriate abortion is provided.

Section 12M.  A physician, acting within their lawful scope of practice, may perform an abortion when, according to the physician’s best medical judgment, the patient is within twenty-four weeks from the commencement of pregnancy, as defined in section 12K of this chapter.  A physician, acting within their lawful scope of practice, may perform an abortion when, according to the physician’s best medical judgment based on the facts of the patient’s case, the patient is beyond twenty-four weeks from the commencement of pregnancy and the abortion is necessary to protect the patient’s life or physical or mental health, or in cases of lethal fetal anomalies, or where the fetus is incompatible with sustained life outside the uterus.  Medical judgment may be exercised in the light of all factors—physical, emotional, psychological, familial, and the person’s age—relevant to the well-being of the patient.

12N. Prior to performing an abortion, a physician shall obtain the pregnant patient’s written informed consent on a form prescribed by the Commissioner of Public Health.  A pregnant person seeking an abortion shall sign the consent form before the abortion is performed, except in an emergency requiring immediate action.  The consent form and any other forms shall be confidential and may not be released to any person other than to the pregnant person to whom such documents relate or the operating physician, except by the pregnant patient’s written consent; provided, however, that this requirement shall not impose any waiting period between the signing of the consent form and the performance of the abortion.

12O.  The department of public health shall have the authority to require aggregate reports regarding induced termination of pregnancy pursuant to sections twenty-four A and twenty-five A of chapter one hundred and eleven.

SECTION 3.  Section 12F of Chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the words “abortion or”.

SECTION 4. Section 10E of Chapter 118E of the General Laws, as so appearing, is hereby amended by striking out, in lines 17 to 19, inclusive, clause (i) and inserting in place thereof the following clause:-

(i) all medically necessary care relative to pregnancy, including but not limited to abortion, care to maintain health during the course of the pregnancy and delivery, and newborn hospital care;