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SA1TOSS1FORSB5 • 2025

This Amendment modifies the language of the Act by imposing the requirement that an abortion provided to protect the mental health of the pregnant person must be medically indicted by the good-faith medical judgement of a treating attending health care professional and a Delaware licensed mental health professional.

This Amendment modifies the language of the Act by imposing the requirement that an abortion provided to protect the mental health of the pregnant person must be medically indicted by the good-faith medical judgement of a treating attending health care professional and a Delaware licensed mental health professional.

Abortion Healthcare
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Richardson
Last action
2025-03-11
Official status
Defeated 3/11/25
Effective date
Not listed

Plain English Breakdown

The official text uses 'medically indicated' in the bill excerpt but 'supported by' in the summary; both imply a requirement for professional judgment.

Amendment Requiring Two Professionals for Mental Health Abortion Exceptions

This amendment requires both a treating doctor and a Delaware-licensed mental health professional to agree before an abortion can be performed to protect a pregnant person's mental health.

What This Bill Does

  • Requires the good-faith medical judgment of both a treating attending health care professional and a Delaware licensed mental health professional for abortions provided to protect mental health.
  • States that only the good-faith medical judgment of a treating attending health care professional is needed for abortions provided to protect physical health or life.

Who It Names or Affects

  • Pregnant individuals seeking abortions to protect their mental health, physical health, or life.
  • Treating attending health care professionals who provide medical services.
  • Delaware licensed mental health professionals required for certain cases involving mental health exceptions.

Terms To Know

Good-faith medical judgment
A professional opinion made honestly by a doctor or other qualified provider based on their training and the patient's needs.
Treating attending health care professional
The main healthcare provider currently responsible for taking care of the pregnant person.

Limits and Unknowns

  • This amendment was defeated by the Senate and did not become law.
  • The text does not explain what happens if a mental health professional cannot be found quickly.
  • The bill does not define specific time limits for getting these medical approvals.

Bill History

  1. 2025-03-11 Delaware General Assembly

    Introduced and Placed With Bill

  2. 2025-03-11 Delaware General Assembly

    Defeated By Senate. Votes: 6 YES 15 NO

Official Summary Text

This Amendment modifies the language of the Act by imposing the requirement that an abortion provided to protect the mental health of the pregnant person must be medically indicted by the good-faith medical judgement of a treating attending health care professional and a Delaware licensed mental health professional. An abortion provided to protect the physical health or life of an individual must be supported by the good-faith medical judgement of a treating attending health care professional.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Sen. Richardson

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 5

AMEND Senate Substitute No. 1 for Senate Bill No. 5 on line 9 by deleting "

, in the good-faith medical judgment of a treating attending health care professional,

" after "

that

" therein.

FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 5 on line 10 by inserting "

An abortion that is provided to protect the mental health of the pregnant individual must be medically indicated through the good-faith medical judgment of both a treating attending health care professional and a Delaware licensed mental health care professional. An abortion that is provided to protect the physical health or life of a pregnant individual must be medically indicated through the good-faith medical judgement of a treating attending health care professional.

" after the period therein.

SYNOPSIS

This Amendment modifies the language of the Act by imposing the requirement that an abortion provided to protect the mental health of the pregnant person must be medically indicted by the good-faith medical judgement of a treating attending health care professional and a Delaware licensed mental health professional. An abortion provided to protect the physical health or life of an individual must be supported by the good-faith medical judgement of a treating attending health care professional.

Author: Senator Richardson