197147-1:n:03/21/2019:JET/tgw LSA2019-508




HB365
By Representative England
RFD Judiciary
Rd 1 04-APR-19


SYNOPSIS:Under existing law, parents and legal guardians are required to give written consent for unemancipated minors to have an abortion performed.
This bill would require minor children to present certified birth certificates to abortion clinics or reproductive health facilities upon an initial visit, would require health care practitioners and employees of clinics and facilities to report failures to comply with these requirements to the Attorney General, and would provide criminal penalties for violations.
This bill would require abortion clinics and reproductive health facilities to rule out criminal victimization of minors when a minor presents to the clinic or facility with a sexually transmitted disease and would require clinics and facilities to report any minor child seeking an abortion or reporting with a sexually transmitted disease to the Department of Human Resources.
Also under existing law, any minor under the age of 16 years seeking an abortion must be asked the name and age of the individual who is believed to be the father of the child, and facilities are required to report the name of the minor and the purported father to law enforcement and the Department of Human Resources if the alleged father is at least two years older than the child.
This bill would specify that the name of any minor child under the age of 14 years seeking an abortion from an abortion or reproductive health facility must be reported by the clinic or facility to the Department of Human Resources, regardless of the age of the father, would require certain records to be retained by the facility, and would provide criminal penalties for violations.
This bill would require abortion clinics and reproductive health facilities to notify the Attorney General if a minor under the age of 16 years seeks a second or subsequent abortion and would require clinics and facilities to adopt a plan to implement the reporting requirements, including staff training.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL
TO BE ENTITLED
AN ACT

Relating to minors; to amend Sections 26-21-3 and 26-23E-10, Code of Alabama 1975, to require minor children to present certified birth certificates to abortion clinics or reproductive health facilities upon initial visits; to require abortion clinics and reproductive health facilities to rule out criminal victimization of minors when a minor presents to the clinic or facility with a sexually transmitted disease; to require reporting under certain circumstances; to require abortion clinics and reproductive health facilities to notify the Attorney General if a minor under the age of 16 years seeks a second or subsequent abortion; to require clinics and facilities to adopt a plan to implement the reporting requirements; to require training of employees; to require the implementation of certain document retention procedures; to provide criminal penalties for violations; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the Jane Doe Act.

Section 2. Sections 26-21-3 and 26-23E-10, Code of Alabama 1975, are amended to read as follows:

26-21-3.

"(a) Except as otherwise provided in subsections (b) and (d) of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform an abortion upon an unemancipated minor unless the physician or his or her agents first obtain the written consent of either parent or the legal guardian of the minor.

"(b) The physician who shall perform the abortion or his or her agents shall obtain or be provided with the written consent from either parent or legal guardian stating the names of the minor, parent, or legal guardian, that he or she is informed that the minor desires an abortion and does consent to the abortion, the date, and the consent shall be signed by either parent or legal guardian. The signatures of the parents, parent, or legal guardian shall be affixed and the information required in this subsection shall be on a form to be provided by, and shall be written in the presence of, the physician who shall perform the abortion or his or her agents. The parents, parent, or legal guardian shall provide to the physician who shall perform the abortion, or his or her agents, evidence of parentage or legal guardianship. For parents or a parent, there shall also be required a certified birth certificate of the minor identifying the minor and the parents or parent. For a legal guardian or adoptive parent, there shall be required a duly certified court order or other official document naming the legal guardian or adoptive parent as such for the minor. If official photographic personal identification has not been issued to any parents, parent, or legal guardian, other official identification shall be acceptable, provided the parents, parent, or legal guardian affirms in writing on the form herein required under oath, with recognition of criminal penalties, that he or she does not possess any photographic identification and that the alternative personal identification provided is his or her identification. The parent, parents, or legal guardian signing the consent shall attest with recognition of criminal penalties that he or she is the parent or legal guardian, has not been deprived of primary custody or joint physical custody of the minor by any court of law, and has not given the child up for adoption or otherwise waived parental rights. If the minor does not have a certified birth certificate, an abortion may be performed only if the physician who shall perform the abortion certifies in writing in the minor's medical record that a medical emergency exists or that there is insufficient time to obtain a certified birth certificate, and provided the minor can provide other government issued identification. The parents, parent, or minor shall obtain a certified birth certificate as soon thereafter as possible and provide a certified copy to the physician who performed the abortion or his or her agents, and if it is not received within 90 days, he or she shall report the failure to the State of Alabama Department of Public Health on a form provided by the department. Any certified document, a photocopy of the personal identification, and any other documentation required by this subsection shall be attached to the completed consent form and shall be kept as a part of the minor's patient file for four years. All signatures required by Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7 by the minor, a parent or parents, a legal guardian, physician, or another person shall be attested either by two witnesses, or by a notary public.

"(c) If the minor is emancipated, the physician who shall perform the abortion or his or her agents shall obtain a written form stating the name of the emancipated minor, that the minor is emancipated, the type of emancipation, and the date, and the form shall be signed by the emancipated minor. The written form shall be signed in the presence of the physician who shall perform the abortion or his or her agents and witnessed by the physician or the agents. The emancipated minor shall also provide a license or certificate of marriage, judgment, or decree of divorce, order of emancipation or relieving her of the disabilities of nonage, or other court document evidencing her marriage, divorce, or emancipation. Any such document shall be a copy of the original, duly certified by the appropriate court. Such certified document shall be attached to the written form and kept as a part of the minor's patient file for four years.

"(d) A minor, including a ward of the state, who elects not to seek or does not or cannot for any reason, including unavailability or refusal by either or both parents or legal guardian, obtain consent from either of her parents or legal guardian under this section, may petition, on her own behalf, the juvenile court, or court of equal standing, in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this section pursuant to the procedure of Section 26-21-4.

"(e) A parent, legal guardian, custodian, or any other person, shall not coerce a minor to have an abortion performed.

"(f) The Department of Public Health shall propose within 90 days of July 1, 2014, the forms required in subsections (b) and (c).

"(g)(1) Except for medical emergencies as provided in subsection (a) and in addition to any other requirements in this section, a minor child shall present a certified birth certificate to the staff or physician of an abortion clinic upon the minor's initial visit to the clinic. Informed consent by a minor, or her parent or guardian, shall be deemed invalid if given prior to the presentation of a certified birth certificate.

"(2) If an abortion clinic or reproductive health facility is cited by the Alabama Department of Public Health for deficiencies related to the requirements of this subsection, the department shall promptly share any statements of deficiencies or information with the Attorney General. The department shall verify, within 30 days, whether these deficiencies have been corrected. Any failure to correct the deficiencies within the 30-day time period shall result in the suspension or revocation of the clinic or facility's license.

"(3) A health care practitioner or any staff member of an abortion clinic or reproductive health facility who has knowledge of a failure to comply with the requirements of this subsection shall immediately report the failure to the Attorney General.

"(4) A person who recklessly or willfully violates any provision of this subsection shall be guilty of a Class A misdemeanor.

26-23E-10.

"(a)(1) To rule out criminal victimization, an abortion clinic or reproductive health facility shall conduct a preliminary screening of any minor under the age of 16 years seeking an abortion or presenting with a sexually transmitted disease or suspicion of abuse.

"(2) An abortion clinic or reproductive health facility shall timely report to the Department of Human Resources the name of any minor child under the age of 16 years seeking an abortion or presenting with a sexual transmitted disease or suspicion of abuse.

"(a) (b) Any minor child under the age of 16 seeking an abortion from an abortion or reproductive health care facility shall be asked by the physician performing the abortion or his or her agent to state the name and age of the individual who is believed to be the father of the unborn child. While the minor child may refuse to provide the father's name and age, she should be encouraged to do so by the physician or agent consistent with the physician's legal obligation to reduce the incidence of child abuse when there is reason to suspect that it has occurred. If the name of the father, his age, or both are given, this information should be included in any report to the Department of Human Resources required by this section, regardless of the age of the father.

"(b) (c) In addition to any other abuse reporting requirements that may apply to the staff of an abortion or reproductive health center, if the reported age of the father is two or more years greater than the age of the minor child, or if the child is 14 years old or younger, reasonable suspicion shall exist that the child is a victim of criminal activity. the The clinic or facility shall report the names of the pregnant minor child and the father to both local law enforcement and the county department of human resources the Attorney General within 72 hours. If the pregnant minor child is less than 14 years old, the name of the minor child shall be reported to the Department of Human Resources, regardless of whether the father is two or more years older than the minor child. The receipt of reportable information by any member of a facility staff shall trigger the requirement for the facility to report such information. Nothing in this section shall be construed to constructively repeal any other provisions of law requiring parental consent before an abortion procedure is performed.

"(d) If a minor child under the age of 16 years, after having obtained an abortion, again becomes pregnant and seeks an abortion, reasonable suspicion shall exist that the child in question is a victim of criminal activity. The abortion clinic or reproductive health facility shall notify the Attorney General within 72 hours and provide sufficient personally identifying and contact information of the minor.

"(e) Every abortion clinic and reproductive health facility shall maintain records for 10 years that would identify the age of any minor clients served, the age of their sexual partner if given, and any reports or notifications made to the Department of Human Resources or to the Attorney General's Office.

"(f) If an abortion or reproductive health facility is cited by the Alabama Department of Public Health for deficiencies related to the requirements of this section, the department shall promptly share any statements of deficiencies or information with the Attorney General. The department shall verify, within 30 days, whether these deficiencies have been corrected. Any failure to correct the deficiencies within the 30-day time period shall result in the suspension or revocation of the facility's license.

"(g) Every abortion clinic and reproductive health facility must establish a plan to implement the reporting requirements of this section and must provide annual training for all personnel with respect to these requirements. Plans should include protocols to identify individuals who are victims of sexual abuse or targets for underage sexual victimization.

"(h) A health care practitioner or any staff member of an abortion clinic who has knowledge of a failure to comply with the requirements of this section shall immediately report the failure to the Alabama Attorney General's Office.

"(i) A person who recklessly or willfully violates this section shall be guilty of a Class A misdemeanor."

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Abortion
Minors
Physicians
Parents
Civil Actions
Health
Code Amended