Connecticut Seal

General Assembly

Amendment

 

January Session, 2009

LCO No. 8681

   
 

*HB0667808681HRO*

Offered by:

 

REP. ROWE, 123rd Dist.

REP. CAMILLO, 151st Dist.

 

To: Subst. House Bill No. 6678

File No. 616

Cal. No. 404

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 19a-600 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

For the purposes of sections 19a-601 and 19a-602, as amended by this act:

(1) "Counselor" means: (A) A psychiatrist, (B) a psychologist licensed under chapter 383, (C) a clinical social worker licensed under chapter 383b, (D) a marital and family therapist licensed under chapter 383a, (E) an ordained member of the clergy, (F) a physician assistant licensed under section 20-12b, (G) a nurse-midwife licensed under chapter 377, (H) a certified guidance counselor, (I) a registered professional nurse licensed under chapter 378, or (J) a practical nurse licensed under chapter 378.

(2) "Minor" means a person who is less than [sixteen] eighteen years of age.

Sec. 502. Section 19a-601 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) Prior to the performance of an abortion upon a minor, a physician or counselor shall provide pregnancy information and counseling in accordance with this section in a manner and language that will be understood by the minor. The physician or counselor shall:

(1) Explain that the information being given to the minor is being given objectively and is not intended to coerce, persuade or induce the minor to choose to have an abortion or to carry the pregnancy to term;

(2) Explain that the minor may withdraw a decision to have an abortion at any time before the abortion is performed or may reconsider a decision not to have an abortion at any time within the time period during which an abortion may legally be performed;

(3) Explain to the minor the alternative choices available for managing the pregnancy, including: (A) Carrying the pregnancy to term and keeping the child, (B) carrying the pregnancy to term and placing the child for adoption, placing the child with a relative or obtaining voluntary foster care for the child, and (C) having an abortion, and explain that public and private agencies are available to assist the minor with whichever alternative she chooses and that a list of these agencies and the services available from each will be provided if the minor requests;

(4) Explain that public and private agencies are available to provide birth control information and that a list of these agencies and the services available from each will be provided if the minor requests;

[(5) Discuss the possibility of involving the minor's parents, guardian or other adult family members in the minor's decision-making concerning the pregnancy and whether the minor believes that involvement would be in the minor's best interests; and]

(5) Explain and carry out the following notification procedures to parents, guardians or others:

(A) Except as provided in subparagraph (B) of this subdivision, notice shall be provided to at least one parent or legal guardian of a pregnant unemancipated minor not less than forty-eight hours prior to the performance of an abortion on such minor. Such notice may be provided by the person providing information and counseling;

(B) If a pregnant unemancipated minor declares in a signed written statement that she is a victim of sexual abuse, neglect or physical abuse by either of her parents or her legal guardian, the person providing information and counseling shall provide the notice required pursuant to subparagraph (A) of this subdivision to such minor's brother or sister who is twenty-one years of age or older or a stepparent or grandparent specified by such minor or, if no such person exists, to some other person who is twenty-one years of age or older specified by such minor; and

(6) Provide adequate opportunity for the minor to ask any questions concerning the pregnancy, abortion, child care and adoption, and provide information the minor seeks or, if the person cannot provide the information, indicate where the minor can receive the information.

(b) After the person provides the information and counseling to a minor as required by this section, such person shall have the minor sign and date a form stating that:

(1) The minor has received information on alternatives to abortion and that there are agencies that will provide assistance and that a list of these agencies and the services available from each will be provided if the minor requests;

(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 alternatives available for managing the pregnancy have been explained to the minor;

(4) The minor has received an explanation about agencies available to provide birth control information and that a list of these agencies and the services available from each will be provided if the minor requests;

(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] received an explanation of the parental notification requirements pursuant to subdivision (5) of subsection (a) of this section;

(6) If applicable, the minor has determined that not involving the minor's parents, guardian or other adult family members is in the minor's best interests; and

(7) The minor has been given an adequate opportunity to ask questions.

(c) The person providing the information and counseling shall also sign and date the form and shall include such person's business address and business telephone number. The person shall keep a copy for such minor's medical record and shall give the form to the minor or, if the minor requests and if such person is not the attending physician, transmit the form to the minor's attending physician. Such medical record shall be maintained as otherwise provided by law.

(d) The provision of pregnancy information and counseling by a physician or counselor which is evidenced in writing containing the information and statements provided in this section and which is signed by the minor shall be presumed to be evidence of compliance with the requirements of this section.

(e) (1) No physician shall perform an abortion until the written statement required pursuant to subparagraph (A) of subdivision (5) of subsection (a) of this section, certifying that the person providing the information and counseling has provided notice to at least one parent or legal guardian of such minor is received. If the physician performing the abortion receives a signed statement pursuant to subparagraph (B) of subdivision (5) of subsection (a) of this section, such physician shall certify in the minor's medical record that such physician has received such statement. Any physician relying in good faith on such statement shall not be civilly or criminally liable for failure to give the notice required pursuant to subparagraph (A) of subdivision (5) of subsection (a) of this section.

(2) The minor may petition a court for a waiver of the notice requirements pursuant to subdivision (5) of subsection (a) of this section, and may participate in proceedings on her own behalf. The petition shall include a statement that the minor is pregnant and is unemancipated. The petition shall also include a statement such notice requirements have not been waived by the parent or legal guardian, and that the minor wishes to obtain an abortion without giving such required notifications. The court shall appoint a guardian for her.

(A) If the court finds, by clear and convincing evidence, that the minor is both sufficiently mature and well-informed to decide whether to have an abortion, the court shall issue an order authorizing the minor to consent to the performance of an abortion without such required notifications. If the court does not make the finding specified in this subparagraph or in subparagraph (B) of this subdivision, it shall dismiss the petition.

(B) If the court finds, by clear and convincing evidence, that there is a pattern of physical, sexual or emotional abuse of the minor by one or both of her parents or her guardian, or that the notification of a parent or guardian is not in the best interest of the minor, the court shall issue an order authorizing the minor to consent to the performance of an abortion without such required notifications. If the court does not make the finding specified in this subparagraph or in subparagraph (A) of this subdivision, it shall dismiss the petition.

[(e)] (f) The requirements of this section shall not apply when, in the best medical judgment of the physician based on the facts of the case before him, a medical emergency exists that so complicates the pregnancy or the health, safety or well-being of the minor as to require an immediate abortion. A physician who does not comply with the requirements of this section by reason of this exception shall state in the medical record of the abortion the medical indications on which his judgment was based. "