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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
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.
Page 1 - 132LR1106(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 22 MRSA §1599-A, sub-§1-A is enacted to read:
31-A. Definitions. As used in this section, unless the context otherwise indicates, the
4 following terms have the following meanings.
5 A. "Abortion" means the act of using or prescribing any instrument, medicine, drug or
6 any other substance, device or means with the intent to terminate a clinically
7 diagnosable pregnancy with knowledge that the termination by those means will with
8 reasonable likelihood cause the death of the fetus. "Abortion" does not include an act
9 under this paragraph with the intent to:
10 (1) Save the life or preserve the health of the fetus;
11 (2) Remove a dead fetus caused by spontaneous abortion; or
12 (3) Remove an ectopic pregnancy.
13 B. "Ectopic pregnancy" means a condition where a fertilized egg attaches outside of a
14 uterus.
15 C. "Lethal fetal anomaly" means a fetal condition diagnosed before birth that with
16 reasonable certainty will result in the death of the child within 3 months after birth.
17 D. "Medical emergency" means a medical condition that, on the basis of a physician's
18 good faith clinical judgment, so complicates the medical condition of a pregnant
19 woman as to necessitate the immediate termination of the woman's pregnancy to avert
20 the death of the woman or for which a delay will create a serious risk of substantial and
21 irreversible impairment of a major bodily function.
22 E. "Perinatal hospice services" means comprehensive support to a pregnant woman
23 who has received a prenatal diagnosis indicating the fetus has a life-limiting condition
24 and may die before or shortly after birth that includes supportive care to the woman
25 and the woman's family from time of diagnosis through the time of birth and death of
26 the child through the postpartum period. Supportive care may include counseling and
27 medical care by a maternal and fetal medical specialist, obstetrician, neonatologist,
28 anesthesia specialist, member of the clergy, social worker or specialty nurse focused
29 on alleviating fear and ensuring that the woman and the woman's family experience the
30 life and death of the child in a comfortable and supportive environment.
31 F. "Spontaneous abortion" means a pregnancy loss before 20 weeks of gestation, also
32 referred to as a miscarriage.
33Sec. 2. 22 MRSA §1599-A, sub-§2, ¶C, as enacted by PL 1993, c. 61, §4, is
34 amended to read:
35 C. The particular risks associated with her own pregnancy and the abortion technique
36 to be performed; and
37Sec. 3. 22 MRSA §1599-A, sub-§2, ¶D, as enacted by PL 1993, c. 61, §4, is
38 amended to read:
39 D. At the woman's request, alternatives to abortion such as childbirth and adoption and
40 information concerning public and private agencies that will provide the woman with
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41 economic and other assistance to carry the fetus to term, including, if the woman so
42 requests, a list of these agencies and the services available from each. ; and
3Sec. 4. 22 MRSA §1599-A, sub-§2, ¶E is enacted to read:
4 E. For a woman seeking an abortion of a fetus diagnosed with a lethal fetal anomaly,
5 except in the case of a medical emergency, at least 24 hours before the abortion orally
6 and in person that perinatal hospice services are available as an alternative to abortion
7 and shall provide the woman with a list of perinatal hospice services providers under
8 subsection 3. If the woman declines perinatal hospice services and elects to proceed
9 with the abortion, the woman must certify in writing the woman's decision to decline
10 the perinatal hospice services, the woman's decision to proceed with the abortion and
11 that the woman received the list under subsection 3.
12Sec. 5. 22 MRSA §1599-A, sub-§3 is enacted to read:
133. List of perinatal hospice services providers. The department shall publish and
14 maintain a list of available perinatal hospice services providers both in the State and
15 nationally, organized by geographical location and written in English, Spanish and any
16 other language the department determines appropriate given the non-English speaking
17 population of the State.
18Sec. 6. 22 MRSA §1599-A, sub-§4 is enacted to read:
194. Violations. A violation of this section by a health care professional, as defined in
20 section 1596, subsection 1, paragraph C, constitutes unprofessional conduct subjecting the
21 health care professional to discipline under Title 32, chapter 31, 36 or 48.
22SUMMARY
23 This bill requires a health care professional, as part of ensuring informed consent for
24 an abortion of a pregnant woman whose fetus has received a diagnosis of a lethal fetal
25 anomaly, to inform the woman of perinatal hospice services and provide the woman with
26 a list of available perinatal hospice services providers. If the woman declines receiving
27 perinatal hospice services and elects to proceed with the abortion, the woman must certify
28 that decision in writing and that the woman received the list of perinatal hospice services
29 providers.
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