An Act To Amend the Abortion Consent Laws LR 1340(02)
Maine Legislature, Session 121, LD 0798
Committee Amendment CA_A_S194 (Senate)
Amends: 22 MRSA §1599-A

COMMITTEE AMENDMENT "A .. to S.P. 277, L.D. 798, Bill, "An 
Act To Amend the Abortion Consent Laws" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 22 MRSA §IS99-A, sub-§2, as enacted by PL 1993, c. 
61, §4, is amended to read: 
2. 
Informed consent. 
~9 Except as provided in subsection 
3, to ensure that the consent for an abortion is truly informed 
consent, the attending physician or a physician assistant. nurse 
practitioner, 
registered 
nurse, 
licensed practical 
nurse 
or 
social 
worker 
to 
whom 
the 
physician 
has 
delegated 
the 
responsibility shall inform the woman orally and in writing at 
least 24 hours prior to performing an abortion, in a manner that 
in the physician's professional judgment is not misleading and 
that will be understood by the patient, of at least the following: 
A. 
According 
to 
the 
physician's best 
judgment 
she is 
pregnant: 
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~Re-e9Beep~i9Bt 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 277, L.D. 798 
B-1. 
The 
probable 
gestational 
age 
and 
anatomical 
development of the fetus at the time of the abortion; 
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aBe-~Re-aaeF~ieB-~eeRBi~ye-~e-ae-~eFEeFffieef-aBe 
C-l. 
The physical and psychological risks associated with 
abortion and the abortion technique to be performed in view 
of that woman's own pregnancy. 
These risks must include, 
but are not limited to, the risks described in the Pamphlet 
published by the Bureau of Health pursuant to subsection 4; 
C-2. 
The medical risks associated with carrying the fetus 
to term; 
D. 
A~--1:he---woman-'-s---£e~~-e-6-t.,.--al~eFBa~ives Alternatives to 
abortion such as childbirth and adoption and information 
concerning public and private agencies that will provide the 
woman with economic and other assistance to carry the fetus 
to term, 
includingT--*--t.he--WGffiaB---S&--Fe~yes,=sT a list of 
these agencies and the services available from eachT; and 
E. 
The name of the physician who is to perform the abortion. 
Sec. 2. 22 MRSA §1599-A, sub-§§3 and 4 are enacted to read: 
3. 
Medical emergeD£Y. 
When a medical emergency compels the 
performance of an abortion, the physician shall inform the woman, 
prior to the abortion if possible, of the medical indications 
supporting the physician's judgment that an abortion is necessary 
to avert her death or to avert a substantial and irreversible 
impairment 
of 
major 
bodily function. 
For 
purposes 
of this 
subsection, the term "medical emergency" means a condition that. 
on the basis of the physician's good faith clinical judgment, so 
complicates the medical condition of a 
pregnant woman 
as to 
necessitate the immediate termination of her pregnancy to avert 
her death or for which a delay in terminating the pregnancy will 
create serious risk of substantial and irreversible impairment of 
a major bodily function. 
4. 
Bureau of Health to publish pamphlet. 
The Bureau of 
Health shall publish and periodically update 
a 
pamphlet that 
describes 
the 
known 
risks 
of 
abortion 
both 
physical 
and 
psychological. 
The risks described in the Pamphlet must include, 
but are not limited to, perforated uterus, hemorrhage, 
death, 
incompetent cervix, retained fetal parts after abortion, grief. 
sense 
of 
loss. 
anger, 
depression, 
alienation 
and 
low 
self-esteem. 
The Bureau of Health shall send a 
copy of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A " to S.P. 277" L.D. 798 
pamphlet 
to each physician licensed 
and practicing in this 
State. 
The Bureau of Health shall adopt rules, which are major 
substantive 
rules 
as 
described 
in 
Title 
5, 
chapter 
375, 
subchapter 2-A, to implement this subsection. 
Sec. 
3. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
BUMAH SERVICES, DEPARTMENT OF 
Bureau of Health 0143 
Initiative: 
Appropriates 
funds 
publishing and distributing the 
risks of abortion. 
General Fund 
All Other 
General Fund Total 
for 
the 
pamphlet 
SUMMARY 
costs of 
producing, 
describing the 
known 
2003-04 
$20,000 
$20,000 
2004-05 
$5,000 
$5,000' 
This amendment is the minority report of the Joint Standing 
Committee on Judiciary. 
It replaces the bill. 
This amendment differs from the bill in 3 ways. 
First, it provides an exception from the required prov~s~on 
of specific information at least 24 hours before an abortion for 
a 
medical 
emergency. 
The definition of 
"medical 
emergency" 
tracks the definition in Pennsylvania law and means a condition 
that, 
on 
the basis of 
the physician's 
good faith clinical 
judgment, 
so complicates the medical condition of a 
pregnant 
woman 
so as to necessitate the immediate termination of her 
pregnancy to avert her death or for which a delay will create 
serious risk of substantial and irreversible impairment of a 
major bodily function. 
Second, this amendment allows the attending physician to 
delegate the responsibility to provide the required information 
to a physician assistant, nurse practitioner, registered nurse, 
licensed practical nurse or social worker. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 277, L.D. 798 
Third, 
this 
amendment 
includes in the list of required 
information the medical risks of carrying the fetus to term. 
It 
also adds an appropriation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Approved: 05/09/03 .:;tk?ae 
Office of Fiscal and Program Review 
LD798 
An Act To Amend the Abortion Consent Laws 
LR 1340(02) 
Fiscal Note for Bill as Amended by Committee Amendment ,1/.,5'- Jq,-{ 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projections 
2003-04 
2004-05 
2005-06 
2006-07 
$20,000 
$5,000 
$0 
$0 
$20,000 
$5,000 
$0 
$0 
Correctional and Judicial Impact Statements 
May increase the number of civil violations by increasing the criteria for informed consent. 
Fiscal Detail and Notes 
The fiscal note assumes the Bureau of Health in the Department of Human Services will require a General Fund 
appropriation to cover the costs of producing, publishing and distributing the pamphlet specified in the bill. 
LR1340(2) - Fiscal Note - Page 1 of 1