An Act To Authorize Collaborative Practice for Emergency Contraception Amend the bill in section in that part designated §13823." in the 2nd line (page 1, line 26 in L.D.) by striking out the following: chapter" and inserting in its place the following: subchapter Further amend the bill in section 1 by inserting after that part designated "§13824." the following: §13825. Parental or judicial consent 1. Consent. Prior to performing any procedure on a minor authorized under this subchapter, a pharmacist shall obtain: A. The informed written consent of the minor and one parent, guardian or adult family member of the minor; or B. An order issued by the Probate Court or District Court pursuant to subsection 2 on petition of the minor or the next friend of the minor for purposes of filing a petition for the minor, granting: (1) To the minor majority rights for the sole purpose of consenting to the procedure; or Page 1-LR0683(4) SENATE AMENDMENT
Maine Legislature, Session 121, LD 1152
Senate Amendment SA_A_S379 (Senate)

SENATE AMENDMENT" A" to S.P. 376, L.D. 1152, Bill, "An Act 
To Authorize Collaborative Practice for Emergency Contraception" 
Amend 
the bill 
in 
section 
in that part 
designated 
"§13823." in the 2nd line (page 1, line 26 in L.D.) by striking 
out the following: 
"chapter" and inserting in its place the 
following: 
'subchapter' 
Further amend the bill in section 1 by inserting after that 
part designated "§13824." the following: 
'§13825. 
Parental or judicial consent 
1. 
Consent. 
Prior to performing any procedure on a minor 
authorized under this subchapter, a pharmacist shall obtain: 
A. 
The 
informed written consent of 
the minor 
and 
one 
parent, guardian or adult family member of the minor; or 
B. 
An order issued by the Probate Court or District Court 
pursuant to subsection 2 on petition of the minor or the 
next friend of the minor for purposes of filing a petition 
for the minor, granting: 
(1) 
To the minor majority rights for the sole purpose 
of consenting to the procedure; or 
SENATE AMENDMENT 
SENATE AMENDMENT" A 
.. to S.P. 376, L.D. 1152 
( 2) 
To the minor consent to the procedure , when the 
court has given its informed written consent and the 
minor is having the procedure willingly. 
2. 
Court order. 
The court may issue an order for the 
purpose of consenting to a procedure under this subchapter for a 
minor under the following circumstances and according to the 
following procedures. 
A. 
The minor or next friend of the minor for the purposes 
of filing a petition may make an application to the Probate 
Court or District Court, which shall assist the minor or 
next friend in preparing the petition. 
The minor or the 
next friend of the minor shall file a petition setting forth: 
(1) 
The initials of the minor; 
(2) 
The age of the minor; 
( 3) 
That the minor has been fully informed of the 
risks and consequences of the procedure; 
(4) 
That the minor is of sound mind and has sufficient 
intellectual capacity to consent to the procedure; 
(5) 
That, 
if the 
court does not grant the minor 
majority rights for 
the purpose of consent to the 
procedure. the court should find that the procedure is 
in the best interest of the minor and give judicial 
consent to the procedure; and 
(6) 
That. if the minor does not have private counsel, 
that the court may appoint counsel. 
The minor or the next friend shall sign the petition. 
B. 
The petition under paragraph A confidential record, and 
the court files on the petition must be impounded. 
C. 
A hearing on the merits of the petition must be held as 
soon as possible. but no later than 2 days after filing of 
the petition. 
If any party is unable to afford counsel, the 
court shall appoint counsel. 
At the hearing, 
the court 
shall hear evidence relating to: 
(1) 
The emotional development, maturity, intellect and 
understanding of the minor; 
(2) 
The nature, possible consequences and alternatives 
to the procedure; and 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to S.P. 376, L.D. 1152 
(3) 
Any other evidence that the court may find useful 
in determining whether the minor should be granted 
majority rights for the purpose of consenting to the 
procedure or whether the procedure is in the best 
interest of the minor. 
The court shall conduct the hearing in private with only the 
minor, interested parties as determined by the court and 
necessary court officers or personnel present. 
The record 
of the hearing is not a public record. 
D. 
In the decree resulting from the hearing under paragraph 
C, the court shall for good cause: 
(1) 
Grant the petition for majority rights for the 
sole purpose of consenting to the procedure; 
(2) 
Find the procedure to be in the best interest of 
the minor and give judicial consent to the procedure, 
setting forth the grounds for the finding; or 
(3) 
Deny the petition only if the court finds that the 
minor is not mature enough to make her own decision and 
that the procedure is not in her best interest. 
E. 
If the petition under 
paragraph A is allowed, 
the 
informed consent of the minor, pursuant to a court grant of 
majority rights or the judicial consent. bars an action by 
the parent or guardian of the minor on the grounds of 
battery of 
the 
minor 
by 
the 
pharmacist performing 
the 
procedure. 
The 
immunity 
granted 
extends 
only 
to 
the 
performance of the procedure and any necessary accompanying 
services that are performed in a competent manner. 
F. 
The minor may appeal an order issued in accordance with 
this section to the Superior Court. 
The notice of appeal 
must be filed within 24 hours from the date of issuance of 
the order. 
The Supreme Judicial Court shall, by court rule, 
provide for expedited appellate review of cases appealed 
under this section. 
3. 
Preswgption of val.idity of informed written consent: 
rebuttal.. 
An informed consent that is evidenced in writing and 
that is signed by the minor and one parent. guardian or adult 
family member of the minor is presumed to be a valid informed 
consent. 
This presumption is subject to rebuttal only upon proof 
that the informed consent was obtained through fraud, deception 
or misrepresentation of material fact. 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to S.P. 376, L.D. 1152 
For purposes of this section, "minor" means a person who is 
under 18 years of age.' 
Further amend the bill in section 1 in that part designated 
"§13825." in the first line (page 1, line 45 in L.D.) by striking 
out the following: 
"§13825." 
and inserting in its place the 
following: '§13826.' 
SUMMARY 
This amendment requires a pharmacist, prior to initiating 
emergency contraceptive drug therapy on a minor, to obtain the 
informed written consent of the minor and one parent, guardian or 
adult 
family 
member 
of 
the 
minor 
or 
a 
court order. 
This 
provision is similar to that required before a minor may obtain 
an abortion. 
This amendment also corrects a reference in the 
bill. 
SPONSORED BY: !/..~"----........ 
(Senator BLAI~ 
COUNTY: 
Kennebec 
FISCAL ~OTE HEQtlRED 
(See attached) 
SENATE AMENDMENT 
Revised: 02/04/04 ;t;?ae 
Office of Fiscal and Program Review 
LD 1152 
An Act to Authorize Collaborative Practice for Emergency 
Contraception 
LR 0683(04) 
Fiscal Note for Senate Amendment "AI S -3'1 q 
Sponsor: Senator Blais 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements: 
This bill may increase the number of civil suits filed in the court system. 
LR0683(4) - Fiscal Note - Page 1 of 1