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27th Legislature(2011-2012)

Bill Text 27th Legislature

00                             SENATE BILL NO. 191                                                                         
01 "An Act requiring an ultrasound before an abortion."                                                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 18.16.060(b) is amended to read:                                                                   
04            (b)  Consent to an abortion is informed and voluntary when the woman or                                      
05       another person whose consent is required certifies in writing that the physician who is                           
06       to perform the abortion, a member of the physician's staff who is a licensed health care                          
07       provider, or the referring physician has verbally informed the woman or another                                   
08       person whose consent is required of the name of the physician who will perform the                                
09       procedure and the gestational estimation of the pregnancy at the time the abortion is to                          
10       be performed, verified by ultrasound examination conducted as provided under                                  
11       (e) of this section, and has provided either                                                                  
12                 (1)  the Internet information required to be maintained under                                           
13       AS 18.05.032; the physician or a member of the physician's staff who is a licensed                                
14       health care provider shall provide a copy of the Internet information if a person                                 
15       requests a written copy; if a member of the physician's staff provides the information                            
01       required under this paragraph, the member of the physician's staff shall offer the                                
02       opportunity to consult with the physician; or                                                                     
03                 (2)  information about the nature and risks of undergoing or not                                        
04       undergoing the proposed procedure that a reasonable patient would consider material                               
05       to making a voluntary and informed decision of whether to undergo the procedure.                                  
06    * Sec. 2. AS 18.16.060(c) is amended to read:                                                                      
07            (c)  The information required in (b) and (e) of this section shall be provided                           
08       before the procedure in a private setting to protect privacy, maintain the confidentiality                        
09       of the decision, ensure that the information focuses on the individual circumstances,                             
10       and ensure an adequate opportunity to ask questions. Provision of the information                                 
11       telephonically or by electronic mail, regular mail, or facsimile transmittal before the                           
12       person's appointment satisfies the requirements of this subsection as long as the person                          
13       whose consent is required under (a) of this section has an opportunity to ask questions                           
14       of the physician after receiving the information.                                                                 
15    * Sec. 3. AS 18.16.060 is amended by adding a new subsection to read:                                              
16            (e)  In addition to the information provided under (a) - (c) of this section, a                              
17       physician or another qualified person under the direction of the physician shall                                  
18       conduct an ultrasound examination before performing an abortion as follows:                                       
19                 (1)  except as provided in (d) of this section, the woman or another                                    
20       person whose consent is required shall be informed of her right to                                                
21                      (A)  view the ultrasound image while the examination is being                                      
22            conducted;                                                                                                   
23                      (B)  receive an explanation by a health care professional of the                                   
24            ultrasound image while the examination is being conducted; in this                                           
25            subparagraph, "health care professional" means a person who is licensed in the                               
26            state as a physician or a registered nurse, practical nurse, advanced nurse                                  
27            practitioner, physician assistant who is working under the direction of a                                    
28            licensed physician, or a person who is trained and certified by a nationally                                 
29            recognized entity as a sonographer;                                                                          
30                      (C)  decline to view the image or hear the explanation described                                   
31            in (A) and (B) of this paragraph;                                                                            
01                 (2)  the ultrasound shall be conducted in a manner consistent with                                      
02       standards of medical practice in the community;                                                                   
03                 (3)  if the woman or another person whose consent is required declines                                  
04       under (1)(C) of this subsection, the woman shall sign a form stating that she was                                 
05       provided an opportunity to view the ultrasound and to hear an explanation of the                                  
06       examination but that she declined to view the ultrasound or hear an explanation of the                            
07       examination or both.                                                                                              
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