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

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

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Harriette L. Chandler

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

 

Harriette L. Chandler

First Worcester

 

Michael J. Barrett

Third Middlesex

 

James T. Welch

Hampden

1/9/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

1/9/2019

Patricia A. Haddad

5th Bristol

1/9/2019

Jay D. Livingstone

8th Suffolk

1/31/2019

Mike Connolly

26th Middlesex

1/10/2019

William N. Brownsberger

Second Suffolk and Middlesex

1/14/2019

Tami L. Gouveia

14th Middlesex

1/17/2019

Julian Cyr

Cape and Islands

1/17/2019

Jack Patrick Lewis

7th Middlesex

1/22/2019

Lindsay N. Sabadosa

1st Hampshire

1/22/2019

Paul R. Feeney

Bristol and Norfolk

1/24/2019

David Paul Linsky

5th Middlesex

1/23/2019

Jason M. Lewis

Fifth Middlesex

1/23/2019

Lori A. Ehrlich

8th Essex

1/23/2019

Carlos González

10th Hampden

1/23/2019

Cindy F. Friedman

Fourth Middlesex

1/23/2019

Ruth B. Balser

12th Middlesex

1/25/2019

Dylan A. Fernandes

Barnstable, Dukes and Nantucket

1/25/2019

Kay Khan

11th Middlesex

1/25/2019

Jennifer E. Benson

37th Middlesex

1/29/2019

Joanne M. Comerford

Hampshire, Franklin and Worcester

1/28/2019

Cynthia Stone Creem

First Middlesex and Norfolk

1/28/2019

Marjorie C. Decker

25th Middlesex

1/29/2019

Sal N. DiDomenico

Middlesex and Suffolk

1/29/2019

James B. Eldridge

Middlesex and Worcester

1/29/2019

Nika C. Elugardo

15th Suffolk

1/29/2019

Patricia D. Jehlen

Second Middlesex

1/30/2019

Mary S. Keefe

15th Worcester

1/28/2019

John J. Lawn, Jr.

10th Middlesex

1/31/2019

David Henry Argosky LeBoeuf

17th Worcester

1/31/2019

Joan B. Lovely

Second Essex

1/31/2019

Tram T. Nguyen

18th Essex

1/27/2019

José F. Tosado

9th Hampden

1/25/2019

Maria Duaime Robinson

6th Middlesex

1/25/2019

Sean Garballey

23rd Middlesex

1/28/2019

Thomas M. Stanley

9th Middlesex

1/28/2019

Michael O. Moore

Second Worcester

1/30/2019

Brendan P. Crighton

Third Essex

1/30/2019

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

1/30/2019

Danielle W. Gregoire

4th Middlesex

1/30/2019

Joseph A. Boncore

First Suffolk and Middlesex

1/30/2019

Daniel J. Hunt

13th Suffolk

1/31/2019

Denise Provost

27th Middlesex

1/31/2019

Barry R. Finegold

Second Essex and Middlesex

1/31/2019

Smitty Pignatelli

4th Berkshire

2/1/2019

Eric P. Lesser

First Hampden and Hampshire

2/1/2019

Carmine Lawrence Gentile

13th Middlesex

6/11/2019

James K. Hawkins

2nd Bristol

2/1/2019

Harold P. Naughton, Jr.

12th Worcester

2/1/2019

Patrick Joseph Kearney

4th Plymouth

2/1/2019

Christina A. Minicucci

14th Essex

4/1/2019


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

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

By Ms. Chandler, a petition (accompanied by bill, Senate, No. 1209) of Harriette L. Chandler, Michael J. Barrett, James T. Welch, Rebecca L. Rausch and other members of the General Court for legislation to remove obstacles and expand abortion access.  Public Health.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

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;