H. B. 3006
(By Delegates Pino, Varner, Hall, Susman, Sobonya,
Armstead, Michael and Sumner)
[Introduced
March 11, 2005
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5,
§16-2F-6, §16-2F-8 and §16-2F-9 of the Code of West Virginia,
1931, as amended, all relating to parental notification
requirements for abortions performed on unemancipated minors;
waiver; notice to minor of right of petition to circuit court;
reporting requirements; creating penalties and remedies;
specifying where notice not required; and severability.
Be it enacted by the Legislature of West Virginia:
That §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6,
§16-2F-8 and §16-2F-9 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 2F. PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON
UNEMANCIPATED MINORS.
§16-2F-2. Definitions.
For purposes of this article, unless the context in which used clearly requires otherwise:
(1) "Abortion" means the use or prescription of any
instrument, medicine, drug, or any other substance or device
intentionally to terminate the pregnancy of a female known to be
pregnant with knowledge that the termination with those means will,
with reasonable likelihood, cause the death of the unborn child.
(3) (2) "Actual notice" means the giving of notice directly,
in person or by telephone.
(3) "Attempt to Perform an Abortion" means an act, or an
omission of a statutorily required act, that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in the
performance of an abortion in West Virginia in violation of this
article.
(4) "Constructive notice" means the giving of notice by
certified mail to the last known address of the parents or legal
guardian, return receipt requested.
(5) "abortion" means the use of any instrument, medicine, drug
or any other substance or device with intent to terminate the
pregnancy of a female known to be pregnant and with intent to cause
the expulsion of a fetus other than by live birth: Provided, That
nothing in this article shall be construed so as to prevent the
prescription, sale or transfer of intrauterine contraceptive
devices or other contraceptive devices or other generally medically accepted contraceptive devices, instruments, medicines or drugs for
a female who is not known to be pregnant and for whom such
contraceptive devices, instruments medicines or drugs were
prescribed by a physician solely for contraceptive purposes and not
for the purpose of inducing or causing the termination of a known
pregnancy.
(5) "Medical Emergency" means that condition which, on the
basis of the physician's good faith clinical judgment, so
complicates the medical condition of a pregnant female as to
necessitate the immediate abortion of her pregnancy to avert her
death or for which a delay will create a serious risk of
substantial and irreversible impairment of a major bodily function.
(1) (6) "Minor" means any person under the age of eighteen
years who has not graduated from high school.
(7) "Parent" means one parent of the pregnant female, or
court-appointed guardian or curator if the pregnant female has one.
(8) "Unborn child" means any individual human organism from
fertilization until birth.
(2) (9) "Unemancipated minor" means any minor who is neither
married nor who has not been emancipated pursuant to applicable
federal law or as provided by section twenty-seven, article seven,
chapter forty-nine of this code.
§16-2F-3. Proof of age.
(a) No physician may perform an abortion upon an unemancipated minor unless such physician has given or caused to be given at
least twenty-four hours actual notice to one of the parents or to
the legal guardian of the pregnant minor of his intention to
perform the abortion, or, if the parent or guardian cannot be found
and notified after a reasonable effort to do so, without first
having given at least forty- eight hours constructive notice
computed from the time of mailing to the parent or to the legal
guardian of the minor: Provided, That prior to giving the
notification required by this section, the physician shall advise
the unemancipated minor of the right of petition to the circuit
court for waiver of notification: Provided, however, That any
such notification may be waived by a duly acknowledged writing
signed by a parent or the guardian of the minor.
(b) Upon notification being given to any parent or to the
legal guardian of such pregnant minor, the physician shall refer
such pregnant minor to a counselor or caseworker of any church or
school or of the department of human services or of any other
comparable agency for the purpose of arranging or accompanying such
pregnant minor in consultation with her parents. Such counselor
shall thereafter be authorized to monitor the circumstances and the
continued relationship of and between such minor and her parents.
(c) Parental notification required by subsection (a) of this
section may be waived by a physician, other than the physician who
is to perform the abortion, if such other physician finds that the minor is mature enough to make the abortion decision independently
or that notification would not be in the minor's best interest:
Provided, That such other physician shall not be associated
professionally or financially with the physician proposing to
perform the abortion.
Except in the case of a medical emergency, a physician may not
perform an abortion on a pregnant female unless at least one of
subsections (a) through (d) of this section is complied with:
(a) The physician or the physician's agent has obtained proof
of age demonstrating that the female is not a minor;
(b) The physician or the physician's agent has obtained proof
that the female, although a minor, is emancipated;
(c) If a female is unable to produce satisfactory proof
demonstrating that she is not a minor or that she is an emancipated
minor, any judge of the family court of the county in which the
female resides or in which the abortion is to be performed shall,
upon petition, or motion, and after an appropriate hearing subject
to the same procedural requirements specified in subsection two,
section five of this article and subsection three, section five of
this article for a judicial bypass hearing for a pregnant minor,
authorize a physician to perform the abortion if the judge
determines, by a preponderance of the evidence, that she is not a
minor or that she is an emancipated minor. This authorization is
not subject to appeal, but an expedited confidential appeal shall be available to any female to whom a judge denies such an
authorization, under the same procedural requirements specified in
subsection four, section five of this article for an appeal arising
out of a judicial bypass hearing for a pregnant minor; and
(d) The physician has complied with section four of this
article.
If subsections (a) or (b) of this section are applicable, the
physician or physician's agent shall execute and sign for inclusion
in the female's medical record an affidavit stating the following:
"I (insert name of physician or physician's agent) certify
that according to my best information and belief, a reasonable
person under similar circumstances would rely on the information
presented by or on behalf of (insert name of person on whom
abortion is performed) as sufficient evidence of her identity and
that she is not a minor (or, if applicable, that she is an
emancipated minor)."
To the extent applicable, the physician shall keep a copy of
this affidavit, the proof required by subsections (a) or (b) and of
any signed, sealed judicial order obtained pursuant to subsection
(c) of this section for seven years following the date of the
abortion.
§16-2F-4. Notification concerning abortion.
(a) A minor who objects to such notice being given to her
parent or legal guardian may petition for a waiver of such notice to the circuit court of the county in which the minor resides or in
which the abortion is to be performed, or to the judge of either of
such courts. Such minor may so petition and proceed in her own
right or, at her option, by a next friend.
(b) Such petition need not be made in any specific form and
shall be sufficient if it fairly sets forth the facts and
circumstances of the matter, but shall contain the following
information:
(i) The age of the petitioner and her educational level;
(ii) The county and state in which she resides;
(iii) A brief statement of petitioner's reason or reasons for
the desired waiver of notification of the parent or guardian of
such minor petitioner.
No such petition shall be dismissed nor shall any hearing
thereon be refused because of any defect in the form of the
petition.
(c) Upon the effective date of this article or as soon
thereafter as may be, the attorney general shall prepare suggested
form petitions and accompanying instructions and shall make the
same available to the several clerks of the circuit courts. Such
clerks shall see that a sufficient number of such suggested form
petitions and instructions are available in the clerk's office for
the use of any person desiring to use the same for the purposes of
this section.
(d) All proceedings held pursuant to this article shall be
confidential and the court shall conduct all such proceedings in
camera. The court shall inform the minor petitioner of her right
to be represented by counsel and that if she is without the
requisite funds to retain the services of an attorney, that the
court will appoint an attorney to represent her interest in the
matter. If the minor petitioner desires the services of an
attorney, an attorney shall be appointed to represent such minor
petitioner, if she advises the court under oath or affidavit that
she is financially unable to retain counsel. Any attorney
appointed to represent such minor petitioner shall be appointed and
paid for her services pursuant to the provisions of article twenty-
one, chapter twenty-nine of this code: Provided, That the pay to
any such attorney pursuant to such appointment shall not exceed the
sum of one hundred dollars.
(e) The court shall conduct a hearing upon the petition
without delay, but in no event shall the delay exceed the next
succeeding judicial day, and the court shall render its decision
immediately upon its submission and, in any event, an order
reflecting the findings of fact and conclusions of law reached by
the court and its judgement shall be endorsed by the judge thereof
not later than twenty-four hours following such submission and
shall be forthwith entered of record by the clerk of the court.
All testimony, documents and other evidence presented to the court, as well as the petition and any orders entered thereon and all
records of whatsoever nature and kind relating to the matter shall
be sealed by the clerk and shall not be opened to any person except
upon order of the court and, then, only upon good cause being shown
therefor. A separate order book for the purposes of this article
shall be maintained by such clerk and shall likewise be sealed and
not open to inspection by any person save upon order of the court
for good cause shown.
(f) Notice as required by section three of this article shall
be ordered waived by the court if the court finds either:
(1) That the minor petitioner is mature and well informed
sufficiently to make the decision to proceed with the abortion
independently and without the notification or involvement of her
parent or legal guardian, or
(2) That notification to the person or persons to whom such
notification would otherwise be required would not be in the best
interest of the minor petitioner.
(g) If or when the circuit court, or the judge thereof, shall
refuse to order the waiver of the notification required by section
three of this article, a copy of the petition and all orders
entered in the matter and all other documents and papers submitted
to the circuit court, may be presented to the supreme court of
appeals, or to any justice thereof if such court then be in
vacation, and such court or justice if deemed proper, may thereupon order the waiver of notification otherwise required by section
three of this article. The supreme court of appeals or justice
thereof shall hear and decide the matter without delay and shall
enter such orders as such court or justice may deem appropriate.
(h) If either the circuit court or the supreme court of
appeals, or any judge or justice thereof if either of such courts
be then in vacation, shall order a waiver of the notification
required by section three of this article, any physician to whom a
certified copy of said order shall be presented may proceed to
perform the abortion to the same extent as if such physician were
in compliance with the provisions of said section three and,
notwithstanding the fact that no notification is given to either
the parent or legal guardian of any such unemancipated minor, any
such physician shall not be subject to the penalty provisions which
may be prescribed by this article for such failure of notification.
(i) No filing fees may be required of any minor who avails
herself of any of the procedures provided by this section.
(a) A physician may not perform an abortion upon a pregnant
unemancipated minor unless at least one of paragraphs (1) through
(5) of this subsection is complied with:
(1) The physician performing the abortion or the physician's
agent gives at least forty-eight hours actual notice of the
physician's intent to perform the abortion to a parent of the minor
who appears, in person, at the facility to receive notification, except that a parent receiving notice in this manner may orally
waive any or all time remaining in this forty-eight hour waiting
period: Provided, That this waiver shall not be construed to waive
any waiting period mandated by section two, article two-i, chapter
sixteen of this code. The physician performing the abortion or the
physician's agent shall obtain from such parent a copy of the
parent's proof of identification and a completed, signed form with
the following statement:
"I certify that I, (insert parent's name), am the parent,
guardian or curator of (insert minor's name) and have been notified
that (insert the physician's name) intends to perform an abortion
on my daughter (or ward). I understand that any person who
knowingly or recklessly makes this certification is guilty of false
swearing which may carry a penalty of a fine not more than one
thousand dollars, and, in the discretion of the court, confined in
jail not more than one year."
_____________________________
Signature of parent, guardian or curator.
______________________________
Date of signature.
The physician or physician's agent shall execute for inclusion
in the minor's medical record an affidavit stating the following:
"I (insert name of physician or physician's agent) certify
that according to my best information and belief, a reasonable person, under similar circumstances, would rely on the information
presented by both the minor and her parent as sufficient evidence
of identity.
"
(2) The physician performing the abortion or the physician's
agent personally delivers to the parent at the usual place of abode
of the parent at least forty-eight hours written notice, addressed
to the parent, of the physician's intent to perform the abortion.
The physician or physician's agent shall execute and sign for
inclusion in the minor's medical record an affidavit stating the
following:
"I (insert name of physician or physician's agent) personally
delivered written notice of intent to perform an abortion on
(insert name) to (insert name) at (insert address) on (insert date)
at (insert time) and certify that according to my best information
and belief, a reasonable person under similar circumstances would
rely on the information presented as sufficient evidence of the
identity of the minor and of the name and usual place of abode of
her parent to whom the notice was delivered."
(3) The physician performing the abortion or the physician's
agent mails written notice of the physician's intent to perform the
abortion, addressed to the parent at the usual place of abode of
the parent with return receipt requested and restricted delivery to
the addressee, which means postal employees can only deliver the
mail to the authorized address. The time of delivery, which must be at least forty-eight hours before the abortion, shall be deemed
to occur at 12 o'clock noon on the next day on which regular mail
delivery takes place, subsequent to the day of mailing. The
physician or physician's agent shall execute and sign for inclusion
in the minor's medical record an affidavit stating the following:
"I (insert name of physician or physician's agent) personally
mailed written notice of intent to perform an abortion on (insert
name) to (insert name) at (insert address) on (insert date) and
certify that according to my best information and belief, a
reasonable person under similar circumstances would rely on the
information presented as sufficient evidence of the identity of the
minor and of the name and usual place of abode of her parent to
whom the notice was mailed."
(4) The judge of a circuit court of the county in which the
minor resides or in which the abortion is to be performed issues an
order authorizing the minor to consent to the abortion as provided
by section five of this article.
(5) The physician performing the abortion:
(A) Concludes that on the basis of the physician's good faith
clinical judgment, a medical emergency exists; and
(B) Certifies in writing to the West Virginia Department of
Health and Human Resources on a form provided by the Department,
and in the patient's medical record, the medical indications
supporting the physician's judgment that the circumstances described by subparagraph (A) exist.
(b) Any person unable to produce satisfactory proof of
identity, relationship, usual place of abode or other fact
requisite under this section, or any pregnant female whose ability
to obtain an abortion is thereby affected, may file a petition or
motion with any judge of a circuit court of the county in which the
person resides or in which the abortion is to be performed who
shall, upon petition, or motion, and after an appropriate hearing
subject to the same procedural requirements specified in
subsections two and three, section five of this article for a
judicial bypass hearing for a pregnant minor, authorize a physician
to perform the abortion if the judge determines, by a preponderance
of the evidence, the truth of the requisite fact or facts. Such an
authorization is not subject to appeal, but an expedited
confidential appeal shall be available if the judge denies such an
authorization, under the same procedural requirements specified in
subsection four, section five of this article for an appeal arising
out of a judicial bypass hearing for a pregnant minor.
(c) The physician shall keep a copy of the medical records of
the minor for five years past the minor's majority, or for seven
years following the date of the abortion, whichever is greater.
The physician shall keep as a part of those records, as applicable:
a copy of the parent's proof of identification and certified
statement under paragraph (1) of subsection (a), a copy of any affidavits required by this section, a copy of any written notices
provided or mailed under this section, a copy of a certificate of
mailing and return receipt under paragraph (3) of subsection (a),
and a copy of any signed, sealed judicial order obtained pursuant
to subsection (b) of this section, or section five of this article.
(d) The West Virginia Department of Health and Human Resources
shall prepare a form or forms to be used for making the affidavits
and certifications required by this section and section three of
this article.
§16-2F-5. Judicial Bypass.
The notification requirements of section three of this article
do not apply where there is an emergency need for an abortion to be
performed if the continuation of the pregnancy constitutes an
immediate threat and grave risk to the life or health of the
pregnant minor and the attending physician so certifies in writing
setting forth the nature of such threat or risk and the
consequences which may be attendant to the continuation of the
pregnancy. Such writing shall be maintained with the other
medical records relating to such minor which are maintained by the
physician and the facility at which such abortion is performed.
(1) If a pregnant minor elects not to allow the notification
of her parent, any judge of the family court of the county in which
the minor resides or in which the abortion is to be performed
shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if the judge
determines that the pregnant minor is mature and capable of giving
informed consent to the proposed abortion. If the judge determines
that the pregnant minor is not mature, or if the pregnant minor
does not claim to be mature, the judge, by clear and convincing
evidence, shall determine whether the performance of an abortion
upon her without notification of her parent would be in her best
interest and shall authorize the physician to perform the abortion
without notification if the judge concludes that the pregnant
minor's best interests would be served thereby.
(2) A pregnant minor may participate in proceedings in the
court on her own behalf, and the court may appoint a guardian ad
litem for her. The court shall, however, advise her that she has
a right to court appointed counsel, and shall, upon her request,
provide her with such counsel.
(3) Proceedings in the court under this section are
confidential and shall be given such precedence over other pending
matters so that the court may reach a decision promptly and without
delay so as to serve the best interests of the pregnant minor. A
judge of the court who conducts proceedings under this section
shall make in writing specific factual findings and legal
conclusions supporting the decision and shall order a record of the
evidence to be maintained including the judge's own findings and
conclusions.
(4) An expedited confidential appeal is available to any such
pregnant minor for whom the court denies an order authorizing an
abortion without notification. An order authorizing an abortion
without notification is not subject to appeal. No filing fees may
be required of any such pregnant minor at either the trial or the
appellate level. Access to the trial court for the purposes of a
petition or motion, and access to the appellate courts for purposes
of making an appeal from denial of the same, shall be afforded to
such pregnant minor twenty-four hours a day, seven days a week.
§16-2F-6. Reporting requirements for physicians.
(1) Any physician performing an abortion upon an unemancipated
minor shall provide the Department of Health and Human Resources a
written report of the procedure within thirty days after having
performed the abortion. Within ninety days after this article is
enacted, the Department of Health and Human Resources shall provide
conforming reporting forms for this purpose to all physicians and
health facilities required to be licensed pursuant to article
five-B of this chapter. The following information, in addition to
any other information which may be required by the Department of
Health and Human Resources, regarding the minor receiving the
abortion shall be included in such reporting form:
(1) (a) Age;
(2) (b) Educational level;
(3) (c) Previous pregnancies;
(4) (d) Previous live births;
(5) (e) Previous abortions;
(6) (f) Complications, if any, of the abortion being reported;
(7) Reason for waiver of notification of the minor's parent,
if such notice was waived; and
(g) The city and county in which the abortion was performed.
Any such report shall not contain the name, address or other
information by which the minor receiving the abortion may be
identified.
(h) The number of females whose parent was notified by the
physician or an agent of the physician pursuant to section four of
this article; of that number, the number provided personally as
described in subsection (a), section four of this article, and the
number provided by mail as described in subsection (b) of section
four of this article; and of each of those numbers, the number of
females who, to the best of the reporting physician's information
and belief, went on to obtain the abortion;
(i) The number of females upon whom the physician performed an
abortion without providing to the parent of the minor the notice
described in section four of this article; of that number, the
number who were emancipated minors, and the numbers of abortions
performed in which 16-2F-4(a)(3)(A) was applicable;
(j) The number of abortions performed upon a female by the
physician after receiving judicial authorization to do so without parental notification.
(2) The Department of Health and Human Resources shall ensure
that copies of the reporting forms described in this section,
together with a reprint of this article, are provided:
(a) To each physician who subsequently becomes newly licensed
to practice in this state, at the same time as official
notification to that physician that the physician is so licensed;
and
(b) By the first day of December of every year, other than the
calendar year in which forms are distributed in accordance with
paragraph (1) of this subsection, to all physicians licensed to
practice in this state.
(3) By the twenty-eighth day of February of each year
following a calendar year in any part of which this article was in
effect, each physician who provided, or whose agent provided, the
notice described in section four of this article and any physician
who knowingly performed an abortion upon a pregnant minor or upon
a female for whom a guardian or curator had been appointed pursuant
to applicable federal law or as provided by section three, article
ten, chapter forty-four, and section four, article ten, chapter
forty-four of the code of West Virginia because of a finding of
incompetency during the previous calendar year shall submit to the
Department of Health and Human Resources a copy of the form
described in subsection one, section six of this article, with the requested data entered accurately and completely. Any such report
may not contain the name, address or other information by which the
minor receiving the abortion may be identified.
(4) Reports that are not submitted more than a grace period of
thirty days following the due date are subject to a late fee of
five hundred dollars for each additional thirty day period or
portion of a thirty day period they are overdue. Any physician
required to report in accordance with this section who has not
submitted a report, or has submitted only an incomplete report,
more than one year following the due date, may, in an action
brought by the Department of Health and Human Resources, be
directed by a circuit court of the county in which the physician
resides or practices to submit a complete report within a period
stated by court order or be subject to sanctions for civil
contempt.
(5) By the thirtieth day of June of each year the Department
of Health and Human Resources shall issue a public report providing
statistics for the previous calendar year compiled from all of the
reports covering that year submitted in accordance with this
section for each of the items listed in subsection (1) of this
section. The report shall also include statistics which shall be
obtained from the supreme court of appeals giving the total number
of petitions or motions filed under subsection one, section five of
this article and of that number: The number in which the court appointed a guardian ad litem, the number in which the court
appointed counsel, the number in which the judge issued an order
authorizing an abortion without notification, the number in which
the judge denied such an order, and of the last, the number of
denials from which an appeal was filed, the number of such appeals
that resulted in the denials being affirmed, and the number of such
appeals that resulted in reversals of such denials. Each report
shall also provide the statistics for all previous calendar years
for which such a public statistical report was required to be
issued, adjusted to reflect any additional information from late or
corrected reports. The Department of Health and Human Resources
shall take care to ensure that none of the information included in
the public reports could reasonably lead to the identification of
any individual female.
(6) The Department of Health and Human Resources may propose
rules for legislative approval pursuant to section five, article
three, chapter twenty-nine-a of this code to alter the dates
established by subsections two-b, three, or five of this section or
consolidate the forms or reports to achieve administrative
convenience or fiscal savings or to reduce the burden of reporting
requirements, so long as reporting forms are sent to all licensed
physicians in the state at least once every year and the report
described in subsection five is issued at least once every year.
(7) If the Department of Health and Human Resources fails to issue the public report required by subsection (5) of this section,
any group of ten or more citizens of this state may seek an
injunction in the circuit court of Kanawha County against the
Director of the Department of Health and Human Resources requiring
that a complete report be issued within a period stated by court
order. Failure to abide by such an injunction shall subject the
Director of the Department of Health and Human Resources to
sanctions for civil contempt.
(8) If judgment is rendered in favor of the plaintiff in any
action described in this section, the court shall also render
judgment for a reasonable attorney's fee in favor of the plaintiff
against the defendant. If judgment is rendered in favor of the
defendant and the court finds that the plaintiff's suit was
frivolous and brought in bad faith, the court shall also render
judgment for a reasonable attorney's fee in favor of the defendant
against the plaintiff.
§16-2F-8. Penalties.
Any person who knowingly performs an abortion upon an
unemancipated minor in violation of this article or who knowingly
fails to conform to any requirement of this article shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than five hundred dollars nor more than one thousand
dollars or imprisoned in the county jail not more than thirty days,
or both fined and imprisoned.
(1) A person who uses a false governmental record or makes a
false representation or statement in order to obtain an abortion
for a minor, knowing it is false or with reckless disregard for its
truth or falsity, or who signs an affidavit or certification
required by section three or four of this article that is false,
knowing it is false or with reckless disregard for its truth or
falsity is guilty of false swearing as defined in section two,
article five, chapter sixty-one of this code.
(2) Any person who knowingly or recklessly performs an
abortion on a pregnant unemancipated minor in violation of this
article commits a felony.
(3) Any person who knowingly, recklessly or negligently
performs an abortion on an unemancipated minor in violation of this
article is civilly liable to the person or persons entitled to
receive parental notice for any subsequent costs of medical
treatment a minor might require because of complications resulting
from the abortion.
(4) An unemancipated minor, or the parent of a minor, upon
whom an abortion has been performed, or attempted to be performed,
without complying with this article, may maintain a cause of action
against the person who performed or attempted to perform the
abortion.
(5) It is not a defense to a claim brought pursuant to this
section that the minor gave informed and voluntary consent.
(6) An unemancipated minor does not have capacity to consent
to any action that violates this article.
§16-2F-9. Severability.
(1) The provisions of subsection (cc), section ten, article
two, chapter two of this code shall apply to the provisions of this
article to the same extent as if said subsection were set forth in
extenso herein.
(2) If any one or more provisions, sections, subsections,
sentences, clauses, phrases or words of this article or the
application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and
the balance of this article shall remain effective notwithstanding
such unconstitutionality. The Legislature hereby declares that it
would have passed this article, and each provision, section,
subsection, sentence, clause, phrase or word thereof, irrespective
of the fact that any one or provision, section, subsection,
sentence, clause, phrase, or word be declared unconstitutional.
NOTE: The purpose of this bill relates to parental
involvement in the minor's decision to obtain an abortion. The bill
requires abortion providers to obtain proof of age prior to the
performance of an abortion on a pregnant woman. The bill provides
for a judicial bypass. Abortion providers must provide actual or
constructive notice to parents of minors, and maintain
certifications of such notice as well as parent's proof of
identification for a minimum time period in the medical file of the
minor. The bill creates civil liability, criminal penalties, and
mandates certain reporting requirements.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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