An Act To Update the Family Planning Statutes
Maine Legislature, Session 129, LD 0494
Committee: Health and Human Services
Sponsors: GATTINE, BELLOWS, BREEN, MILLETT, COOPER, PIERCE
Amends: 22 MRSA §1902, 22 MRSA §1903, 22 MRSA §1907, 22 MRSA §1908

Legislative Document
No. 494
S.P. 159
In Senate, January 31, 2019
An Act To Update the Family Planning Statutes
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator SANBORN, L. of Cumberland.
Cosponsored by Representative GATTINE of Westbrook and
Senators: BELLOWS of Kennebec, BREEN of Cumberland, MILLETT of Cumberland, 
SANBORN, H. of Cumberland, Representatives: COOPER of Yarmouth, McCREIGHT of 
Harpswell, PIERCE of Falmouth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1902, as amended by PL 2001, c. 654, §1, is further amended 
to read:
§1902.  Definitions
As used in this chapter, unless the context otherwise indicates, the following words 
shall terms have the following meanings.
1.  Contraceptive procedures.  "Contraceptive procedures" means any medically 
accepted procedure to prevent conception pregnancy when performed by or under the 
direction of a physician health care practitioner on a requesting and consenting patient.
1-A.  Comprehensive family life education.  "Comprehensive family life education" 
means education in kindergarten to grade 12 regarding human development and sexuality, 
including education on family planning and sexually transmitted diseases, that is 
medically accurate and age appropriate; that respects community values and encourages 
parental communication; that develops skills in communication, decision making and 
conflict resolution; that contributes to healthy relationships; that promotes responsible 
sexual behavior with an emphasis on abstinence; that addresses the use of contraception; 
that promotes individual responsibility and involvement regarding sexuality; and that 
teaches skills for responsible decision making regarding sexuality.
2.  Contraceptive supplies.  "Contraceptive supplies" means those medically 
approved drugs, prescriptions, rhythm charts, devices and other items designed to prevent 
conception pregnancy through chemical, mechanical, behavioral or other means.
3.  Family planning.  "Family planning" means informed and voluntary self-
determination of desired family size and of the timing of child bearing based upon 
comprehensive knowledge of factors pertinent to this determination.
4.  Family planning services.  "Family planning services" means counseling with 
trained personnel regarding family planning, contraceptive procedures and the treatment 
of infertility; distribution of literature relating to family planning, contraceptive 
procedures and the treatment of infertility; referral of patients to physicians or health 
agencies for consultation, examination, tests, medical treatment and prescription for the 
purposes of family planning, contraceptive procedures and treatment of infertility and 
provision of contraceptive procedures and contraceptive supplies by those qualified to do 
so under the laws of this State medically safe and effective sexual and reproductive health 
care and education that enable persons to freely plan their children, avoid unintended 
pregnancy and maintain reproductive and sexual health, including through the provision 
of contraceptive supplies, contraceptive procedures and related counseling; the prevention 
and treatment of infertility; appropriate prenatal and obstetric care; the screening, testing, 
counseling and vaccinating for sexually transmitted infections; and other services 
necessary for reproductive and sexual health.
5.  Physician.  "Physician" means any doctor of medicine or doctor of osteopathy 
duly licensed to practice his profession in this State.
5-A.  Health care practitioner.  "Health care practitioner" means an individual who 
is licensed, certified or otherwise authorized under the laws of the State to provide health 
care services.
6.  Person.  "Person" means any person regardless of sex, race, sexual orientation, 
gender identity, number of children, marital status, motive and citizenship.
Sec. 2.  22 MRSA §1903, as amended by PL 1981, c. 470, Pt. A, §73, is further 
amended to read:
§1903.  Authority and policy
It shall be is the policy and authority of this State that:
1.  Availability.  Family planning services shall must be readily and practicably 
available to all persons desiring and needing such services;
2.  Consistent with public policy.  The delivery of family planning services by duly 
authorized persons in all agencies and instrumentalities of this State is consistent with 
public policy;
3.  Refusal.  Nothing in this chapter shall inhibit inhibits a physician health care 
practitioner from refusing to furnish family planning services when the refusal is for 
medical reasons; and
4.  Objections.  No A private institution or physician health care practitioner or no 
agent or employee of such institution or physician shall may not be prohibited from 
refusing to provide family planning services when such refusal is based upon religious or 
conscientious objection.
Sec. 3.  22 MRSA §1907, as enacted by PL 1973, c. 624, §1, is amended to read:
§1907.  Refusal
The refusal of any person to accept family planning services shall does not affect the 
right of such that person to receive public assistance or public health services or to avail 
himself of access any other public benefit. The employees of agencies engaged in the 
administration of this chapter shall recognize that the right to make decisions concerning 
family planning is a fundamental personal right of the individual, and nothing in this 
chapter shall in any way abridge abridges such right nor shall may any individual be 
required to receive family planning services or to state his reasons for refusing the offer 
of family planning services.
Sec. 4.  22 MRSA §1908, as enacted by PL 1973, c. 624, §1, is amended to read:
§1908.  Minors
Family planning services may be furnished to any minor who is a parent or married 
or has the consent of his or her that minor's legal guardian or who may suffer in the 
professional judgment of a physician health care practitioner probable health hazards if 
such services are not provided.
SUMMARY
This bill updates language in the laws governing family planning.