An Act To Strengthen the Consent Laws for Abortions Performed on Minors and Incapacitated Persons
Maine Legislature, Session 127, LD 0083
Committee Amendment CA_A_S197 (Senate)
Amends: 22 MRSA §1597-A

COMMITTEE AMENDMENT " A" to S.P. 31, L.D. 83, Bill, "An Act To 
Strengthen the Consent Laws for Abortions Performed on Minors and Incapacitated 
Persons" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Strengthen the Consent Laws for Abortions Performed on Minors' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §1597-A, sub-§l, ,a-I is enacted to read: 
B-1. "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 an immediate abortion to avert her death or for which a delay 
in performing an abortion will create serious risk of substantial and irreversible 
impainnent of a major bodily function. 
Sec. 2. 22 MRSA §1597-A, sub-§I, ~~ and E are enacted to read: 
D. "Next friend" means a counselor or an adult family member of a pregnant minor. 
E. "Physician" means a person licensed to practice medicine in this State, including 
medical doctors and doctors of osteopathy. 
Sec. 3. 22 MRSA §1597-A, sub-§2, ~A, as enacted by PL 1989, c. 573, §2, is 
amended to read: 
A. The attending physician has received and will make part of the medical record 
both the informed written consent of the minor and one parent, guardian or adult 
family member and the written verification that the minor received the information 
and counseling required under subsection 4; or 
Sec. 4. 22 MRSA §1597-A, sub-§2, ~~ and C, as enacted by PL 1989, c. 573, 
§2, are repealed 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT " ~., to S.P. 3i,L.D. 83 
Sec. 5. 22 MRSA §1597-A, sub-§2-A is enacted to read: 
2-A. Medical emergency exception. Consent is not required under subsection 2, 
paragraph A if the attending physician certifies in the pregnant minor's medical record 
that a medical emergency exists and there is insufficient time to obtain the required 
consent. 
Sec. 6. 22 MRSA §1597-A, sub-§4, ~, as enacted by PL 1989, c. 573, §2, is 
amended to read: 
B. After the person provides the information and counseling to a minor as required 
by this subsection, that person shall have the minor sign and date a form stating that: 
(1) The minor has received information on prenatal care and alternatives to 
abortion and that there are agencies that will provide assistance; 
(2) The minor has received an explanation that the minor may withdraw an 
abortion decision or reconsider a decision to carry a pregnancy to term; 
(3) The altematives available for managing the pregnancy have been clearly and 
fully explored with the minor; 
(4) The minor has received an explanation about agencies available to provide 
birth control information; 
(5) The minor has discussed with the person providing the information and 
counseling the possibility of involving the minor's parents, guardian or other 
adult family members in the minor's decision making about the pregnancy; and 
(6) The reasons for not involving the minor's parents, guardian or other adult 
family members are put in writing on the form by the miRor or the person 
providing the information and counseling; and 
(7) The minor has been given an adequate opportunity to ask questions. 
The person providing the information and counseling shall also sign and date the 
form, and include that person's address and telephone number. The person shall keep 
a copy for that person's files and shall give the form to the minor or, if the minor 
requests and if the person providing the information is not the attending physician, 
transmit the form to the minor's attending physician. 
Sec. 7. 22 MRSA §1597-A, sub-§6, ~A, as enacted by PL 1989, c. 573, §2, is 
amended to read: 
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 court may appoint a guardian ad 
litem for the minor. A guardian ad litem appointed under this paragraph shall act to 
maintain the confidentiality of the proceedings. 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; 
COMMITTEE AMENDMENT 
~~ 
~~ 
COMMITTEE AMENDMENT "Ii" to S.P. 31, L.D. 83 
(3) That the minor has been fully informed of the risks and consequences of the 
abortion; 
(4) That the minor is of sound mind and has sufficient intellectual capacity to 
consent to the abortion; 
(5) That, if the court does not grant the minor majority rights for the purpose of 
consent to the abortion, the comt should fmd that the abortion is in the best 
interest of the minor and give judicial consent to the abortion; and 
(7) 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.' 
SU~y 
This amendment, which is the minority report of the Joint Standing Committee on 
Judiciary, replaces the bill. The amendment deletes references to abortions performed on 
incapacitated persons. 
The amendment retains current law concerning the consent necessary for a physician 
to perform an abortion on a pregnant minor, but the amendment provides that an abortion 
may not be performed unless, in addition to the minor's receiving information and 
counseling, at least one of the minor's parents or guardian or adult family member 
consents to the abortion. The amendment does not permit a minor or a counselor to 
consent to an abortion without a parent's consenting, except that the amendment permits a 
physician to perform an abortion without the required consent if the physician determines 
that a medical emergency exists. The amendment retains the judicial bypass in current 
law that allows a minor or next friend of the minor to petition the Probate Court or 
District Court for consent rather than obtaining parental consent. This amendment limits 
who may act as the next friend of the minor to adult family members and counselors. If a 
pregnant minor files a petition in the Probate Court or District Court for consent to an 
abortion without parental consent, the court may appoint a guardian ad litem for the 
minor, and the guardian ad litem is directed to act to maintain the confidentiality of the 
proceedings. 
The amendment defines "medical emergency" and "physician." 
COMMITTEE AMENDMENT