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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 263-B. ABORTIONS
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Title 22 - §1591. Immunity and employment protection
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1591. Immunity and employment protection
No physician, nurse or other person who refuses to perform or assist in the performance of an abortion, and no hospital or
health care facility that refuses to permit the performance of an abortion upon its premises, shall be liable to any person,
firm, association or corporation for damages allegedly arising from the refusal, nor shall such refusal constitute a basis
for any civil liability to any physician, nurse or other person, hospital or health care facility nor a basis for any disciplinary
or other recriminatory action against them or any of them by the State or any person.
[1977, c. 696, § 186 (new).]
div>
No physician, nurse or other person, who refuses to perform or assist in the performance of an abortion, shall, because of
that refusal, be dismissed, suspended, demoted or otherwise prejudiced or damaged by a hospital, health care facility, firm,
association, professional association, corporation or educational institution with which he or she is affiliated or requests
to be affiliated or by which he or she is employed, nor shall such refusal constitute grounds for loss of any privileges or
immunities to which such physician, nurse or other person would otherwise be entitled nor shall submission to an abortion
or the granting of consent therefor be a condition precedent to the receipt of any public benefits.
[1977, c. 696, § 186 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1592. Discrimination for refusal
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1592. Discrimination for refusal
No person, hospital, health care facility, firm, association, corporation or educational institution, directly or indirectly,
by himself or another, shall discriminate against any physician, nurse or other person by refusing or withholding employment
from or denying admittance, when such physician, nurse or other person refuses to perform, or assist in the performance of
an abortion, nor shall such refusal constitute grounds for loss of any privileges or immunities to which such physician, nurse
or other person would otherwise be entitled.
[1977, c. 696, § 186 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1593. Sale and use of fetuses
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1593. Sale and use of fetuses
1. Prohibition. A person may not use, transfer, distribute or give away a live human fetus, whether intrauterine or extrauterine, or any
product of conception considered live born, for scientific experimentation or for any form of experimentation.
[2003, c. 452, Pt. K, §10 (new); Pt. X, §2 (aff).]
2. Consenting, aiding or assisting. A person may not consent to violating subsection 1 or aid or assist another in violating subsection 1.
[2003, c. 452, Pt. K, §10 (new); Pt. X, §2 (aff).]
3. Penalty. A person who violates this section commits a Class C crime. Violation of this section is a strict liability crime as defined
in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. K, §10 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1594. Failure to preserve life of live born person
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1594. Failure to preserve life of live born person
Whenever an abortion procedure results in a live birth, failure to take all reasonable steps, in keeping with good medical
practice, to preserve the life and health of the live born person shall subject the responsible party or parties to Maine
law governing homicide, manslaughter and civil liability for wrongful death and medical malpractice.
[1977, c. 696, § 186 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1595. Live born and live birth, defined
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1595. Live born and live birth, defined
"Live born" and "live birth," as used in this chapter, shall mean a product of conception after complete expulsion or extraction
from its mother, irrespective of the duration of pregnancy, which breathes or shows any other evidence of life such as beating
of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached. Each product of such a birth is considered live born and fully recognized as a human
person under Maine law.
[1977, c. 696, § 186 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1596. Abortion and miscarriage data
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1596. Abortion and miscarriage data
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or
physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus,
regardless of the length of gestation.
[1989, c. 274, §1 (rpr).]
B. "Miscarriage" means an interruption of a pregnancy other than as provided in paragraph A of a fetus of less than 20 weeks
gestation.
[1989, c. 274, §1 (rpr).]
[1989, c. 274, §1 (rpr).]
2. Abortion reports. A report of each abortion performed shall be made to the Department of Health and Human Services on forms prescribed by
the department. These report forms shall not identify the patient by name or otherwise and shall contain only the information
requested on the United States Standard Report of Induced Termination of Pregnancy, published by the National Center for Health
Statistics, dated January 1978, or any more recent revision of a standard report form.
The form containing that information and data shall be prepared and signed by the attending physician and transmitted to the
department not later than 10 days following the end of the month in which the abortion is performed.
A physician who reports data on an abortion pursuant to this section shall be immune from any criminal liability for that
abortion under section 1598.
[1989, c. 274, §1 (rpr); 2003, c. 689, Pt. B, §6 (rev).]
3. Miscarriage reports. A report of each miscarriage shall be made by the physician in attendance at or after the occurrence of the miscarriage
to the Department of Health and Human Services on forms prescribed by the department. These report forms shall contain all
of the applicable information required on the certificate of fetal death in current use.
The report form shall be prepared and signed by the attending physician and transmitted to the department not later than 10
days following the end of the month in which the miscarriage occurs.
[1989, c. 274, §1 (new); 2003, c. 689, Pt. B, §6 (rev).]
div>
The identity of any patient or physician reporting pursuant to this section is confidential and the department shall take
the steps which are necessary to insure the confidentiality of the identity of patients or physicians reporting pursuant to
this section.
[1989, c. 274, §1 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1597-A. Consent to a minor's decision to have an abortion
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1597-A. Consent to a minor's decision to have an abortion
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or
physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus.
[1989, c. 573, §2 (new).]
B. "Counselor" means a person who is:
(1) A psychiatrist;
(2) A psychologist licensed under Title 32, chapter 56;
(3) A social worker licensed under Title 32, chapter 83;
(4) An ordained member of the clergy;
(5) A physician's assistant registered by the Board of Licensure in Medicine, Title 32, chapter 48;
(6) A nurse practitioner registered by the Board of Licensure in Medicine, Title 32, chapter 48;
(7) A certified guidance counselor;
(8) A registered professional nurse licensed under Title 32, chapter 31; or
(9) A practical nurse licensed under Title 32, chapter 31.
[1993, c. 600, Pt. B, §21 (amd).]
C. "Minor" means a person who is less than 18 years of age.
[1989, c. 573, §2 (new).]
[1993, c. 600, Pt. B, §21 (amd).]
2. Prohibitions; exceptions. Except as otherwise provided by law, no person may knowingly perform an abortion upon a pregnant minor unless:
A. The attending physician has received and will make part of the medical record the informed written consent of the minor
and one parent, guardian or adult family member;
[1989, c. 573, §2 (new).]
B. The attending physician has secured the informed written consent of the minor as prescribed in subsection 3 and the minor,
under all the surrounding circumstances, is mentally and physically competent to give consent;
[1989, c. 573, §2 (new).]
C. The minor has received the information and counseling required under subsection 4, has secured written verification of receiving
the information and counseling and the attending physician has received and will make part of the medical record the informed
written consent of the minor and the written verification of receiving information and counseling required under subsection
4; or
[1989, c. 573, §2 (new).]
D. The Probate Court or District Court issues an order under subsection 6 on petition of the minor or the next friend of the
minor for purposes of filing a petition for the minor, granting:
(1) To the minor majority rights for the sole purpose of consenting to the abortion and the attending physician has received
the informed written consent of the minor; or
(2) To the minor consent to the abortion, when the court has given its informed written consent and the minor is having
the abortion willingly, in compliance with subsection 7.
[1989, c. 573, §2 (new).]
[1989, c. 573, §2 (new).]
3. Informed consent; disallowance of recovery. No physician may perform an abortion upon a minor unless, prior to performing the abortion, the attending physician received
the informed written consent of the minor.
A. To ensure that the consent for an abortion is informed consent, the attending physician shall:
(1) Inform the minor in a manner which, in the physician's professional judgment, is not misleading and which will be understood
by the patient, of at least the following:
(a) According to the physician's best judgment the minor is pregnant;
(b) The number of weeks of duration of the pregnancy; and
(c) The particular risks associated with the minor's pregnancy, the abortion technique that may be performed and the risks
involved for both;
(2) Provide the information and counseling described in subsection 4 or refer the minor to a counselor who will provide
the information and counseling described in subsection 4; and
(3) Determines whether the minor is, under all the surrounding circumstances, mentally and physically competent to give
consent.
[1989, c. 573, §2 (new).]
B. No recovery may be allowed against any physician upon the grounds that the abortion was rendered without the informed consent
of the minor when:
(1) The physician, in obtaining the minor's consent, acted in accordance with the standards of practice among members of
the same health care profession with similar training and experience situated in the same or similar communities; or
(2) The physician has received and acted in good faith on the informed written consent to the abortion given by the minor
to a counselor.
[1989, c. 573, §2 (new).]
[1989, c. 573, §2 (new).]
4. Information and counseling for minors. The provision of information and counseling by any physician or counselor for any pregnant minor for decision making regarding
pregnancy shall be in accordance with this subsection.
A. Any physician or counselor providing pregnancy information and counseling under this subsection shall, in a manner that
will be understood by the minor:
(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 either 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) Clearly and fully explore with 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 with a relative or with another family through foster care or adoption;
(c) The elements of prenatal and postnatal care; and
(d) Having an abortion;
(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 explore whether the minor believes that involvement would be in the minor's best interests;
and
(6) Provide adequate opportunity for the minor to ask any questions concerning the pregnancy, abortion, child care and adoption,
and provide the information the minor seeks or, if the person cannot provide the information, indicate where the minor can
receive the information.
[1989, c. 573, §2 (new).]
B. After the person provides the information and counseling to a minor as required by this subsection, that person shall have
the minor sign and date a form stating that:
(1) The minor has received information on prenatal care and alternatives to abortion and that there are agencies that will
provide assistance;
(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 clearly and fully explored with the minor;
(4) The minor has received an explanation about agencies available to provide birth control information;
(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;
(6) The reasons for not involving the minor's parents, guardian or other adult family members are put in writing on the
form by the minor or the person providing the information and counseling; and
(7) The minor has been given an adequate opportunity to ask questions.
The person providing the information and counseling shall also sign and date the form, and include that person's address and
telephone number. The person shall keep a copy for that person's files and shall give the form to the minor or, if the minor
requests and if the person providing the information is not the attending physician, transmit the form to the minor's attending
physician.
[1989, c. 573, §2 (new).]
[1989, c. 573, §2 (new).]
5. Presumption of validity of informed written consent; rebuttal. An informed consent which is evidenced in writing containing information and statements provided in subsection 4 and which
is signed by the minor shall be presumed to be a valid informed consent. This presumption may be subject to rebuttal only
upon proof that the informed consent was obtained through fraud, deception or misrepresentation of material fact.
[1989, c. 573, §2 (new).]
6. Court order concerning consent to abortion. The court may issue an order for the purpose of consenting to the abortion by the minor under the following circumstances
and procedures.
A. The minor or next friend of the minor for the purposes of filing a petition may make an application to the Probate Court
or District Court which shall assist the minor or next friend in preparing the petition. The minor or the next friend of
the minor shall file a petition setting forth:
(1) The initials of the minor;
(2) The age of the minor;
(3) That the minor has been fully informed of the risks and consequences of the abortion;
(4) That the minor is of sound mind and has sufficient intellectual capacity to consent to the abortion;
(5) That, if the court does not grant the minor majority rights for the purpose of consent to the abortion, the court should
find that the abortion is in the best interest of the minor and give judicial consent to the abortion;
(7) That, if the minor does not have private counsel, that the court may appoint counsel.
The minor or the next friend shall sign the petition.
[1989, c. 573, §2 (new).]
B. The petition is a confidential record and the court files on the petition shall be impounded.
[1989, c. 573, §2 (new).]
C. A hearing on the merits of the petition shall be held as soon as possible within 5 days of the filing of the petition.
If any party is unable to afford counsel, the court shall appoint counsel at least 24 hours before the time of the hearing.
At the hearing, the court shall hear evidence relating to:
(1) The emotional development, maturity, intellect and understanding of the minor;
(2) The nature, possible consequences and alternatives to the abortion; and
(3) Any other evidence that the court may find useful in determining whether the minor should be granted majority rights
for the purpose of consenting to the abortion or whether the abortion is in the best interest of the minor.
The hearing on the petition shall be held as soon as possible within 5 days of the filing of the petition. The court shall
conduct the hearing in private with only the minor, interested parties as determined by the court and necessary court officers
or personnel present. The record of the hearing is not a public record.
[1989, c. 573, §2 (new).]
D. In the decree, the court shall for good cause:
(1) Grant the petition for majority rights for the sole purpose of consenting to the abortion;
(2) Find the abortion to be in the best interest of the minor and give judicial consent to the abortion, setting forth the
grounds for the finding; or
(3) Deny the petition only if the court finds that the minor is not mature enough to make her own decision and that the
abortion is not in her best interest.
[1989, c. 573, §2 (new).]
E. If the petition is allowed, the informed consent of the minor, pursuant to a court grant of majority rights or the judicial
consent, shall bar an action by the parent or guardian of the minor on the grounds of battery of the minor by those performing
the abortion. The immunity granted shall only extend to the performance of the abortion and any necessary accompanying services
which are performed in a competent manner.
[1989, c. 573, §2 (new).]
F. The minor may appeal an order issued in accordance with this section to the Superior Court. The notice of appeal shall
be filed within 24 hours from the date of issuance of the order. Any record on appeal shall be completed and the appeal shall
be perfected within 5 days from the filing of notice to appeal. The Supreme Judicial Court shall, by court rule, provide
for expedited appellate review of cases appealed under this section.
[1989, c. 573, §2 (new).]
[1989, c. 573, §2 (new).]
7. Abortion performed against the minor's will. No abortion may be performed on any minor against her will, except that an abortion may be performed against the will of
a minor pursuant to a court order described in subsection 6 that the abortion is necessary to preserve the life of the minor.
[1989, c. 573, §2 (new).]
8. Violations; penalties. The following penalties apply to violations of this section.
A. A person may not knowingly perform or aid in the performance of an abortion in violation of this section. A person who
violates this paragraph commits a Class D crime.
[2003, c. 452, Pt. K, §11 (new); Pt. X, §2 (aff).]
B. An attending physician or counselor may not knowingly fail to perform any action required by this section. A person who
violates this paragraph commits a civil violation for which a fine of not more than $1,000 may be adjudged for each violation.
[2003, c. 452, Pt. K, §11 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. K, §11 (rpr); Pt. X, §2 (aff).]
9. Nonseverability. In the event that any portion of this section is held invalid, it is the intent of the Legislature that this entire section
shall be invalid.
[1989, c. 573, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1597. Parental notification of minor's decision to have an abortion (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1597. Parental notification of minor's decision to have an abortion (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1598. Abortions
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1598. Abortions
1. Policy. It is the public policy of the State that the State not restrict a woman's exercise of her private decision to terminate
a pregnancy before viability except as provided in section 1597-A. After viability an abortion may be performed only when
it is necessary to preserve the life or health of the mother. It is also the public policy of the State that all abortions
may be performed only by a physician.
[1993, c. 61, §2 (amd).]
2. Definitions. As used in this section, unless the context otherwise indicates, the following terms shall have the following meanings.
A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or
physical or by the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus.
[1979, c. 405, § 2 (new).]
B. "Viability" means the state of fetal development when the life of the fetus may be continued indefinitely outside the womb
by natural or artificial life-supportive systems.
[1979, c. 405, § 2 (new).]
[1979, c. 405, § 2 (new).]
3. Persons who may perform abortions; penalties.
A. Only a person licensed under Title 32, chapter 36 or chapter 48, to practice medicine in Maine as a medical or osteopathic
physician, may perform an abortion on another person.
[1979, c. 405, § 2 (new).]
B. Any person not so licensed who knowingly performs an abortion on another person or any person who knowingly assists a nonlicensed
person to perform an abortion on another person is guilty of a Class C crime.
[1979, c. 405, § 2 (new).]
[1979, c. 405, § 2 (new).]
4. Abortions after viability; criminal liability. A person who performs an abortion after viability is guilty of a Class D crime if:
A. He knowingly disregarded the viability of the fetus; and
[1979, c. 405, § 2 (new).]
B. He knew that the abortion was not necessary for the preservation of the life or health of the mother.
[1979, c. 405, § 2 (new).]
[1979, c. 405, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1599-A. Informed consent to abortion
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1599-A. Informed consent to abortion
1. Consent by the woman. A physician may not perform an abortion unless, prior to the performance, the attending physician certifies in writing that
the woman gave her informed written consent, freely and without coercion.
[1993, c. 61, §4 (new).]
2. Informed consent. To ensure that the consent for an abortion is truly informed consent, the attending physician shall inform the woman, in
a manner that in the physician's professional judgment is not misleading and that will be understood by the patient, of at
least the following:
A. According to the physician's best judgment she is pregnant;
[1993, c. 61, §4 (new).]
B. The number of weeks elapsed from the probable time of the conception;
[1993, c. 61, §4 (new).]
C. The particular risks associated with her own pregnancy and the abortion technique to be performed; and
[1993, c. 61, §4 (new).]
D. At the woman's request, alternatives to abortion such as childbirth and adoption and information concerning public and private
agencies that will provide the woman with economic and other assistance to carry the fetus to term, including, if the woman
so requests, a list of these agencies and the services available from each.
[1993, c. 61, §4 (new).]
[1993, c. 61, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1599. Informed consent to abortion (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 263-B: ABORTIONS
§1599. Informed consent to abortion (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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