An Act to Improve Maine's Reproductive Privacy Laws
Maine Legislature, Session 131, LD 1619
Committee: Judiciary
Sponsors: TALBOT ROSS, JACKSON, ANKELES, ARFORD, BELL, BOYLE, BRENNAN, CLOUTIER, CLUCHEY, COLLINGS, COPELAND, CRAFTS, CRAVEN, CROCKETT, DHALAC, DILL, DODGE, DOUDERA, EATON, FAY, GATTINE, GEIGER, GERE, GOLEK, GRAHAM, GRAMLICH, HASENFUS, HEPLER, HOBBS, JAUCH, KESSLER, KUHN, LANDRY, LEE, LOOKNER, MADIGAN, MALON, MASTRACCIO, MATHIESON, MATLACK, MEYER, MILLETT, MILLIKEN, MONTELL, MOONEN, MORIARTY, MURPHY, O'CONNELL, O'NEIL, OSHER, PAULHUS, PLUECKER, PRINGLE, RANA, RECKITT, RIELLY, RISEMAN, ROBERTS, ROEDER, RUNTE, SACHS, SALISBURY, SARGENT, SAYRE, SHAGOURY, SHAW, SHEEHAN, SKOLD, STOVER, SUPICA, TERRY, WARREN, WILLIAMS, WORTH, ZAGER, ZEIGLER, BAILEY, BALDACCI, BEEBE-CENTER, BRENNER, CARNEY, CHIPMAN, DAUGHTRY, DUSON, GROHOSKI, INGWERSEN, LAWRENCE, NANGLE, PIERCE, RAFFERTY, RENY, ROTUNDO, TIPPING, VITELLI
Amends: 22 MRSA §1596, 22 MRSA §1598

Legislative Document
No. 1619
H.P. 1044
House of Representatives, April 12, 2023
An Act to Improve Maine's Reproductive Privacy Laws
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.  (GOVERNOR'S BILL)
Cosponsored by President JACKSON of Aroostook and
Representatives: ANKELES of Brunswick, ARFORD of Brunswick, BELL of Yarmouth, BOYLE of Gorham, 
BRENNAN of Portland, CLOUTIER of Lewiston, CLUCHEY of Bowdoinham, COLLINGS of Portland, 
COPELAND of Saco, CRAFTS of Newcastle, CRAVEN of Lewiston, CROCKETT of Portland, DHALAC of 
South Portland, DILL of Old Town, DODGE of Belfast, DOUDERA of Camden, EATON of Deer Isle, FAY of 
Raymond, GATTINE of Westbrook, GEIGER of Rockland, GERE of Kennebunkport, GOLEK of Harpswell, 
GRAHAM of North Yarmouth, GRAMLICH of Old Orchard Beach, HASENFUS of Readfield, HEPLER of 
Woolwich, HOBBS of Wells, JAUCH of Topsham, KESSLER of South Portland, KUHN of Falmouth, LANDRY 
of Farmington, LaROCHELLE of Augusta, LEE of Auburn, LOOKNER of Portland, MADIGAN of Waterville, 
MALON of Biddeford, MASTRACCIO of Sanford, MATHIESON of Kittery, MATLACK of St. George, 
MEYER of Eliot, MILLETT of Cape Elizabeth, MILLIKEN of Blue Hill, MONTELL of Gardiner, MOONEN of 
Portland, MORIARTY of Cumberland, MURPHY of Scarborough, O'CONNELL of Brewer, O'NEIL of Saco, 
OSHER of Orono, PAULHUS of Bath, PLUECKER of Warren, PRINGLE of Windham, RANA of Bangor, 
RECKITT of South Portland, RIELLY of Westbrook, RISEMAN of Harrison, ROBERTS of South Berwick, 
ROEDER of Bangor, RUNTE of York, SACHS of Freeport, SALISBURY of Westbrook, SARGENT of York, 
SAYRE of Kennebunk, SHAGOURY of Hallowell, SHAW of Auburn, SHEEHAN of Biddeford, SKOLD of 
Portland, STOVER of Boothbay, SUPICA of Bangor, TERRY of Gorham, WARREN of Scarborough, 
WILLIAMS of Bar Harbor, WORTH of Ellsworth, ZAGER of Portland, ZEIGLER of Montville, Senators: 
BAILEY of York, BALDACCI of Penobscot, BEEBE-CENTER of Knox, BRENNER of Cumberland, CARNEY 
of Cumberland, CHIPMAN of Cumberland, DAUGHTRY of Cumberland, DUSON of Cumberland, GROHOSKI 
of Hancock, INGWERSEN of York, LaFOUNTAIN of Kennebec, LAWRENCE of York, NANGLE of 
Cumberland, PIERCE of Cumberland, RAFFERTY of York, RENY of Lincoln, ROTUNDO of Androscoggin, 
TIPPING of Penobscot, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1596, sub-§2, as amended by PL 2019, c. 262, §1, is repealed 
and the following enacted in its place:
2.  Abortion reports.  A report of each abortion performed must be made to the 
Department of Health and Human Services in a manner prescribed by the department. 
These reports may not identify the patient by name or include other identifying information. 
The report must include, without limitation, the following information:
A.  The date and place the abortion was performed;
B.  The age of the person on whom the abortion was performed;
C.  The method used to perform the abortion; and 
D.  The gestational age of the fetus when the abortion was performed.
The report containing the information and data required by this subsection must be 
transmitted by the health care provider to the department not later than 10 days following 
the end of the month in which the abortion is performed.
Sec. 2.  22 MRSA §1598, sub-§1, as amended by PL 2019, c. 262, §4, is further 
amended to read:
1.  Policy.  It is the public policy of the State that the State not restrict a woman's 
exercise of her private decision to terminate a pregnancy before viability except as provided 
in section 1597‑A.  After viability an abortion may be performed only when it is necessary 
to preserve the life or health of the mother in the professional judgment of a physician 
licensed pursuant to Title 32, chapter 36 or 48. It is also the public policy of the State that 
all abortions may be performed only by a health care professional, as defined in section 
1596, subsection 1, paragraph C.
Sec. 3.  22 MRSA §1598, sub-§3, as amended by PL 2019, c. 262, §5, is further 
amended to read:
3.  Persons who may perform abortions; penalties. 
A.  Only a person licensed under Title 32, chapter 36 or 48 to practice in the State as 
an osteopathic or medical physician or physician assistant or a person licensed under 
Title 32, chapter 31 to practice in the State as an advanced practice registered nurse 
may perform an abortion on another person.
B.  Any person not so licensed who knowingly performs an abortion on another person 
or any person who knowingly assists a nonlicensed person to perform an abortion on 
another person is guilty of a Class C crime.
Sec. 4.  22 MRSA §1598, sub-§4, as corrected by RR 2021, c. 2, Pt. B, §98, is 
repealed.
SUMMARY
This bill amends the law governing abortion reports to eliminate the requirement to use 
the United States Standard Report of Induced Termination of Pregnancy and replace it with 
a report that may not contain any information that identifies the patient but must contain 
specific data such as the date and place the abortion was performed; the age of the patient; 
the method used to perform the abortion; and the gestational age of the fetus at the time of 
the abortion.
This bill changes the standard for when an abortion may be performed after viability 
to when a licensed physician determines that it is necessary instead of when it is necessary 
to preserve the life or health of the mother.
Finally, this bill removes the criminal penalties for performing an abortion without 
being licensed as a physician, physician assistant or advanced practice registered nurse and 
for performing an abortion after viability of the fetus when it was not necessary for the 
preservation of the life or health of the mother.