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2012 -- H 7754 | |
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LC01666 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY - INFORMED CONSENT FOR ABORTION | |
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Introduced By: Representatives Ajello, Tanzi, E Coderre, Ferri, and Valencia | |
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Date Introduced: February 16, 2012 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 23-4.7-6 of the General Laws in Chapter 23-4.7 entitled "Informed |
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Consent for Abortion" is hereby amended to read as follows: |
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23-4.7-6. Minors -- Parental consent -- Judicial proceedings. – (a) Except in the case |
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of a minor who has been found by a court of competent jurisdiction to be emancipated, if a |
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pregnant woman is less than eighteen (18) years of age and has not married, an abortion shall not |
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be performed upon her unless both the consent of the pregnant woman and that of at least one of |
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her parents is obtained, except as provided in this section. In deciding whether to grant consent, a |
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pregnant woman's parents shall consider only their child's best interests. |
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(b) If both parents have died or are otherwise unavailable to the physician within a |
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reasonable time and in a reasonable manner, consent of the pregnant woman's legal guardian or |
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one of her guardians shall be sufficient. |
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(c) If a pregnant woman less than eighteen (18) years of age has not married and if |
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neither of her parents or guardians agree to consent to the performance of an abortion, or if she |
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elects not to seek the consent of either of her parents or guardians, the woman may seek |
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authorization for an abortion from either a judge of the family court or a physician or certified |
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counselor. |
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(d) |
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hearing, authorize a physician to perform the abortion, if the judge determines that the pregnant |
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woman is mature and capable of giving informed consent to the proposed abortion or if the judge |
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determines that she is not mature, but that the performance of an abortion upon her would be in |
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her best interests. A pregnant woman less than eighteen (18) years of age may participate in |
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proceedings in the family court on her own behalf, and she shall be represented in her proceeding |
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by a guardian ad litem. Proceedings in the family court under this section shall be confidential |
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and shall be given such precedence over other pending matters that the court may reach a decision |
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promptly and without delay so as to serve the best interests of the pregnant woman. A judge of |
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the family court who conducts proceedings under this section shall make in writing specific |
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factual findings and legal conclusions supporting his or her decision and shall order a record of |
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the evidence to be maintained including his or her own findings and conclusions. |
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(e) A physician or certified counselor may, after appropriate consultation with the minor, |
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authorize a physician to perform the abortion if the physician or counselor determines, in writing, |
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that the pregnant woman is mature and capable of giving informed consent to the proposed |
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abortion or that she is not mature, but that the performance of an abortion upon her would be in |
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her best interests. A physician or counselor making such a determination shall not be employed |
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by, or otherwise work for, the provider that will be performing the abortion. |
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(f) For purposes of this section, “certified counselor” means a psychiatrist, psychologist, |
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clinical social worker, or marriage and family therapist licensed pursuant to title 5 of the general |
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laws. |
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SECTION 2. This act shall take effect upon passage. |
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LC01666 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY - INFORMED CONSENT FOR ABORTION | |
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This act would provide that a family court judge, physician, or certified counselor may |
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provide authorization for a minor to seek an abortion. |
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This act would take effect upon passage. |
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LC01666 | |
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