An Act To Amend the Abortion Consent Laws
Maine Legislature, Session 121, LD 0798
Committee: Judiciary
Sponsors: GILMAN, O'BRIEN, DAVIS, KNEELAND, WESTON, WOODCOCK, ANDREWS, CROSTHWAITE, USHER
Amends: 22 MRSA §1599-A

Legislative Document 
No. 798 
S.P.277 
In Senate, February 20, 2003 
An Act To Amend the Abortion Consent Laws 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator GILMAN of Cumberland .. 
Cosponsored by Representative O'BRIEN of Augusta and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: DAVIS of Piscataquis, KNEELAND of Aroostook, SA V AGE of Knox, WESTON of 
Waldo, WOODCOCK of Franklin, Representatives: ANDREWS of York, CROSTHWAITE of 
Ellsworth, USHER of Westbrook. 
Prin.ed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA H599-A. sub-*2. as enacted by PL 1993, c. 61, 
§4, is amended to read: 
2. 
Informed consent. 
To ensure that the consent for an 
abortion is truly informed consent, the attending physician 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; 
Q ... - -.!;['-he- -IHiffiBe-F- - -e.f 
~me]r G -e:l a~6ee- -f.-t-offi- -t:-be-- fl-£-e1:>-i3.1:>-le- +irne- -8 f 
t;B.e-eeBee~t;ieBT 
B-1. 
The 
probable 
gestational 
age 
and 
anatomical 
development of the fetus at the time of the abortion; 
b ... --.!;['-he--paF-t:-iG~~F--£i6k6-~~~-wit;B.-£~-£-~-pFe~BaBey 
aBe-t;B.e-aaeFt;ieB-t;eeB.Bi~~e-t;e-ae-peFEeFmeet-aBe 
(-1. 
The physical and psychological risks associated with 
abortion and the abortion technique to be performed, ln VleW 
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 within the department 
pursuant to subsection 3; 
D. 
At;--1;he---woman-'~--£e~-tt-€-6-t"7--a:l\;eF:aat;i¥e6 Al ternati ves 
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--i-f---t.Re--WGffia:a---6-&--Fe~~e6t;6T a list of 
these agencies and the services available from each ... ; and 
E. 
The name of the physician who is to perform the abortion. 
Sec. 2. 22 MRSA §1599-A. sub-§3 is enacted to read: 
3. 
Bureau of' Health to publish pamphlet. 
The Bureau of 
Health within 
the 
department 
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 
Page l-LR1340 (1) 
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. 
SUMMARY 
This bill amends 
the 
laws governing informed consent to 
abortion to require the attending physician to provide the woman 
with certain information orally and in writing at least 24 hours 
prior to performing an abortion. 
It further amends these laws to 
require that this information include the probable gestational 
age and anatomical development of the fetus at the time of the 
abortion; the physical and psychological risks associated with 
abortion and the abortion technique to be performed, in view of 
the patient's own pregnancy, 
including risks identified in a 
pamphlet that the Department of Human Services, Bureau of Health 
is required to publish and distribute to doctors; and the name of 
the physician who is to perform the abortion.