An Act to Require That Informed Consent for Abortion Include
Maine Legislature, Session 132, LD 1154
Committee: Judiciary
Sponsors: PAUL, GUERIN
Amends: 22 MRSA §1599-A

Legislative Document
No. 1154
H.P. 759
House of Representatives, March 20, 2025
An Act to Require That Informed Consent for Abortion Include 
Information on Perinatal Hospice
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PAUL of Winterport.
Cosponsored by Senator GUERIN of Penobscot and
Representatives: COLLINS of Sidney, GRIFFIN of Levant, JAVNER of Chester, QUINT of 
Hodgdon, SMITH of Palermo, Senators: HARRINGTON of York, MARTIN of Oxford, 
STEWART of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1599-A, sub-§1-A is enacted to read:
1-A.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Abortion" means the act of using or prescribing any instrument, medicine, drug or 
any other substance, device or means with the intent to terminate a clinically 
diagnosable pregnancy with knowledge that the termination by those means will with 
reasonable likelihood cause the death of the fetus. "Abortion" does not include an act 
under this paragraph with the intent to:
(1)  Save the life or preserve the health of the fetus;
(2)  Remove a dead fetus caused by spontaneous abortion; or
(3)  Remove an ectopic pregnancy.
B.  "Ectopic pregnancy" means a condition where a fertilized egg attaches outside of a 
uterus.
C.  "Lethal fetal anomaly" means a fetal condition diagnosed before birth that with 
reasonable certainty will result in the death of the child within 3 months after birth.
D.  "Medical emergency" means a medical condition that, on the basis of a physician's 
good faith clinical judgment, so complicates the medical condition of a pregnant 
woman as to necessitate the immediate termination of the woman's pregnancy to avert 
the death of the woman or for which a delay will create a serious risk of substantial and 
irreversible impairment of a major bodily function.
E.  "Perinatal hospice services" means comprehensive support to a pregnant woman 
who has received a prenatal diagnosis indicating the fetus has a life-limiting condition 
and may die before or shortly after birth that includes supportive care to the woman 
and the woman's family from time of diagnosis through the time of birth and death of 
the child through the postpartum period. Supportive care may include counseling and 
medical care by a maternal and fetal medical specialist, obstetrician, neonatologist, 
anesthesia specialist, member of the clergy, social worker or specialty nurse focused 
on alleviating fear and ensuring that the woman and the woman's family experience the 
life and death of the child in a comfortable and supportive environment.
F.  "Spontaneous abortion" means a pregnancy loss before 20 weeks of gestation, also 
referred to as a miscarriage.
Sec. 2.  22 MRSA §1599-A, sub-§2, ¶C, as enacted by PL 1993, c. 61, §4, is 
amended to read:
C.  The particular risks associated with her own pregnancy and the abortion technique 
to be performed; and
Sec. 3.  22 MRSA §1599-A, sub-§2, ¶D, as enacted by PL 1993, c. 61, §4, is 
amended to read:
D.  At the woman's request, alternatives 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, including, if the woman so 
requests, a list of these agencies and the services available from each.; and
Sec. 4.  22 MRSA §1599-A, sub-§2, ¶E is enacted to read:
E.  For a woman seeking an abortion of a fetus diagnosed with a lethal fetal anomaly, 
except in the case of a medical emergency, at least 24 hours before the abortion orally 
and in person that perinatal hospice services are available as an alternative to abortion 
and shall provide the woman with a list of perinatal hospice services providers under 
subsection 3.  If the woman declines perinatal hospice services and elects to proceed 
with the abortion, the woman must certify in writing the woman's decision to decline 
the perinatal hospice services, the woman's decision to proceed with the abortion and 
that the woman received the list under subsection 3.
Sec. 5.  22 MRSA §1599-A, sub-§3 is enacted to read:
3.  List of perinatal hospice services providers.  The department shall publish and 
maintain a list of available perinatal hospice services providers both in the State and 
nationally, organized by geographical location and written in English, Spanish and any 
other language the department determines appropriate given the non-English speaking 
population of the State.
Sec. 6.  22 MRSA §1599-A, sub-§4 is enacted to read:
4.  Violations.  A violation of this section by a health care professional, as defined in 
section 1596, subsection 1, paragraph C, constitutes unprofessional conduct subjecting the 
health care professional to discipline under Title 32, chapter 31, 36 or 48.
SUMMARY
This bill requires a health care professional, as part of ensuring informed consent for 
an abortion of a pregnant woman whose fetus has received a diagnosis of a lethal fetal 
anomaly, to inform the woman of perinatal hospice services and provide the woman with 
a list of available perinatal hospice services providers.  If the woman declines receiving 
perinatal hospice services and elects to proceed with the abortion, the woman must certify 
that decision in writing and that the woman received the list of perinatal hospice services 
providers.