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The 190th General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO REPRODUCTIVE HEALTH.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to repeal and update statutes related to reproductive health, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.

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. Section 12Q of chapter 112 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- 

Except in an emergency requiring immediate action, an abortion shall not be performed under section 12L or 12M unless the written informed consent of the proper person has been delivered to the physician performing the abortion as set forth in section 12S.

SECTION 2. Sections 14 and 18 to 21, inclusive, of chapter 272 of the General Laws are hereby repealed. 

SECTION 3. Said chapter 272 is hereby further amended by striking out section 21A, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:- 

Section 21A. An authorized health care provider may administer or prescribe to any person drugs or articles for the prevention of pregnancy or conception. A registered pharmacist may provide such drugs or articles to any person presenting a prescription from an authorized health care provider; provided however, that nothing in this sentence shall prevent a registered pharmacist from providing such drugs and articles that do not require a prescription; and provided further, that emergency contraception, as defined in section 19A of chapter 94C, shall be dispensed as provided in said section 19A of said chapter 94C.

A public health agency, a registered nurse or other health care provider or a maternity health clinic operated by or in an accredited hospital may provide information on the procurement of professional advice on the lawful obtainment of drugs or articles for the prevention of pregnancy or conception to any person.

This section shall not be construed to permit the sale or dispensing of drugs or articles for the prevention of pregnancy or conception by a vending machine or similar device.

For the purposes of this section, “authorized health care provider” means a registered physician, physician’s assistant, nurse practitioner, and certified nurse midwife.

 

Approved, July 25, 2018