An Act to Amend Certain Laws Regarding Abortions
Maine Legislature, Session 132, LD 0682
Sponsors: HAGGAN, SMITH
Amends: 22 MRSA §1596, 22 MRSA §1598

Legislative Document
No. 682
S.P. 297
In Senate, February 25, 2025
An Act to Amend Certain Laws Regarding Abortions
Received by the Secretary of the Senate on February 20, 2025.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HAGGAN of Penobscot.
Cosponsored by Representative SMITH of Palermo and
Senators: BERNARD of Aroostook, GUERIN of Penobscot, HARRINGTON of York, 
Representatives: CARLOW of Buxton, GRIFFIN of Levant, HAGGAN of Hampden, PAUL of 
Winterport, QUINT of Hodgdon.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1596, sub-§2, as repealed and replaced by PL 2023, c. 416, §1, 
is repealed and the following enacted in its place: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 on forms prescribed by the department. These report forms may not identify 
the patient by name or include other identifying information except as provided in this 
subsection and must include only the information prescribed by the National Association 
for Public Health Statistics and Information Systems, Technical Resource for Reporting 
Induced Termination of Pregnancy, dated December 3, 2019, referred to in this subsection 
as "the standard report form," or any more recent revision of the standard report form.
The report must include, without limitation, the following information:
A.  The date and place the abortion was performed;
B.  The age, race, marital status and level of education of the person on whom the 
abortion was performed;
C.  The method used to perform the abortion; 
D.  The gestational age of the fetus when the abortion was performed; and
E.  Any other information required by the standard report form.
The report containing the information and data required by this subsection must be 
transmitted by a health care professional to the department not later than 10 days following 
the end of the month in which the abortion was performed.
Sec. 2.  22 MRSA §1598, sub-§1, as amended by PL 2023, c. 416, §2, 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 this section and section 1597‑A.  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-§1-B, as enacted by PL 2023, c. 416, §3 and 
reallocated by RR 2023, c. 1, Pt. A, §8, is amended to read:
1-B.  Abortion after viability.  After viability, an abortion may be performed only 
when it is medically necessary to preserve the life or health of the mother or, in the 
professional judgment of a physician licensed pursuant to Title 32, chapter 36 or 48, the 
fetus is diagnosed with a lethal fetal anomaly. The physician shall apply the applicable 
standard of care in making a professional judgment under this subsection.  For purposes of 
this subsection, "lethal fetal anomaly" means a fetal condition diagnosed before birth that, 
if the pregnancy results in a live birth, will, with reasonable certainty, result in the death of 
the child not more than 3 months after birth.
Sec. 4.  22 MRSA §1598, sub-§3, ¶A, as amended by PL 2023, c. 416, §4, is further 
amended to read:
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. Nothing in this paragraph limits the 
applicability of Title 32, section 3270 or any other civil or criminal law that may apply.
Sec. 5.  22 MRSA §1598, sub-§3, ¶B, as repealed by PL 2023, c. 416, §4, is 
reenacted to read:
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. 6.  22 MRSA §1598, sub-§4, as repealed by PL 2023, c. 416, §5, is reenacted 
to read:
4.  Abortions after viability; criminal liability.  A person who performs an abortion 
after viability is guilty of a Class D crime if:
A.  The person knowingly disregarded the viability of the fetus; and
B.  The person knew that the abortion was not necessary for the preservation of the life 
or health of the mother.
SUMMARY
This bill amends the law regarding abortions by:
1.  Specifying that the report of abortions made to the Department of Health and Human 
Services must include the race, marital status and level of education of the person on whom 
the abortion is performed and any other information as prescribed by the National 
Association for Public Health Statistics and Information Systems, Technical Resource for 
Reporting Induced Termination of Pregnancy;
2.  Changing the standard for when an abortion may be performed after viability by 
allowing an abortion to be performed after viability only when it is medically necessary to 
preserve the life or health of the mother, rather than when a licensed physician determines 
it is necessary, or when the fetus is diagnosed with a fetal anomaly that will, with a 
reasonable certainty, result in the death of the child within 3 months after birth; and
3.  Reestablishing criminal penalties for performing an abortion without a license or 
after viability.