Amendment ID: S2996-3

Amendment 3

Clarifying Access to Abortion Later in Pregnancy

Ms. Rausch, Messrs. Lewis and Eldridge and Ms. Chang-Diaz move that the proposed new text be amended by inserting, after section 9, the following new section:-

"SECTION 9A. Said chapter 112, as so appearing, is hereby amended by striking out section 12N and inserting in place thereof the following section:-

Section 12N. (a) If a pregnancy has existed for 24 weeks or more, no abortion may be performed unless, in the best medical judgment of the health care provider, one or more of the following conditions is satisfied: (1) the abortion is necessary to preserve the life of the patient; (2) the abortion is necessary to preserve the patient’s physical or mental health; (3) the abortion is warranted because of a lethal fetal anomaly; or (4) the abortion is warranted because of a fetal diagnosis that is incompatible with sustained life outside the uterus. Each of these conditions shall be considered independently, in consultation with the patient or a patient’s designated representative. An abortion pursuant to this section may only be performed by a physician.

(b) The department of public health may promulgate regulations to implement this section; provided, that in drafting said regulations, the department shall consult with a member of the disability community selected by the department and the Disability Law Center; the Massachusetts Medical Society or a designee; the Massachusetts Health and Hospital Association, Inc. or a designee; a provider of abortion care after 24 weeks; and an individual previously forced to travel out of state for an abortion after 24 weeks."