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SPONSOR: | Rawson | DATE TYPED: | 03/14/01 | HB | |||
SHORT TITLE: | Parental Notification Act | SB | 298/aSPAC/aSJC/aSFl #1/
aSFl #2 | ||||
ANALYST: | Wilson |
Recurring
or Non-Rec |
Fund
Affected | ||||
FY01 | FY02 | FY01 | FY02 | ||
See Narrative |
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates HB 372
Relates to HB 376 and HB 477
SOURCES OF INFORMATION
Attorney General's Office (AG)
Children, Youth and Families Department (CYFD)
Health Policy Commission (HPC)
Board of Medical Examiners (BME)
Administrative Office of the Courts (AOC)
No Response
Department of Health (DOH)
SUMMARY
Synopsis of SFl #2 Amendment
SB 298/aSFl #2 adds the requirement that notice shall be given to the parent of unemancipated males regarding the sexual activities of the unemancipated males.
Synopsis of SFl #1 Amendment
SB 298/aSFl #1 strikes a previous amendment so that the bill now requires that notification to parents be "personal" instead of "written" and the requirements for mail delivery are deleted.
Synopsis of SJC Amendment
SB 298/aSJC amends the amended bill by restoring the requirement that parental notification be "written" instead of "personal". It also restores the original provisions requiring certified mail delivery.
Synopsis of SPAC Amendment
SB 298/aSPAC changes the notification requirement from "written" to "personal" and eliminates the mail delivery requirements. It also changes the violation for performing an abortion without notifying the parents from a misdemeanor to a petty misdemeanor and the offender will be subject to a maximum fine of $500.
Synopsis of Original Bill
SB 298 bill enacts the Parental Notification Act which requires parental or guardian notification at least 48 hours before an abortion is performed on a minor that is not emancipated or a female of any age who has been declared incompetent and has had a guardian or conservator appointed. The only exception is when the procedure is necessary to save the life of the patient. The bill contains a judicial bypass procedure, which allows a court to direct that notification is not required upon a finding that the minor or incompetent woman is mature enough to make the decision, or that an abortion is in the patient's best interests. This bypass must be confidential and expedited, but no time limits are set. The bill also contains reporting requirements, both on the doctor who performs the procedure and on the department of health to publish statistics on an annual basis. SB 298 bill also makes the performance of an abortion in knowing or reckless violation of the Act a crime (misdemeanor). Finally, it creates a civil cause of action which allows a parent or guardian wrongfully denied notice to sue a physician who performs an abortion without the requisite notice, and awards attorney fees to the prevailing party in certain circumstances
Significant Issues
The Attorney General has raised the following issues:
FISCAL IMPLICATIONS
See Administrative Implications.
ADMINISTRATIVE IMPLICATIONS
SB 298 will require each newly licensed physician be informed of consent requirements prior to abortion procedures. A Board member personally interviews each new physician and the required information can be distributed at the time of the interview. SB298 also requires annual notification and BME will provide mailing labels of each licensed MD in the State to DOH
The DOH under SB 298 is required to prepare forms for physicians and issue a public report. The DOH has not provided any estimates on the amount of staff time these reports will require nor have they estimated what it will cost to perform the requirements of SB 298.
DUPLICATION/RELATIONSHIP
Identical to:
HB 372, Parental Notification Act
Relates to:
HB 376, Teen Pregnancy
HB 477, Informed Choice Act
TECHNICAL ISSUES
The AG has raised the following technical issues:
1. Section 6(A)(2), line 3, page 6: "from" should be "to".
2. Section6(C), line 7, page 7: "female" should be "unemancipated female".
3. Section 6(E), line 22, page 8: "reasonable" should be "reasonably".
4. Section 6(E), line 23, page 8: the phrase ", or of any female for whom a guardian or conservator has been appointed" does not appear to be necessary.
SUBSTANTIVE ISSUES
The Health Policy Commission provided the following statistics:
The AG has raised the following issues:
DW/prr:ar