AB 371

Voluntary and informed consent and information

on domestic abuse services

Under current law, a woman upon whom an abortion is to be performed or

induced must give voluntary and informed written consent to the abortion. Consent

is voluntary only if it is given freely and without coercion. This bill requires that the

physician who is to perform or induce the abortion determine whether or not the

woman's consent is, in fact, voluntary. The physician must determine if the woman's

consent is voluntary by speaking to her in person, out of the presence of anyone other

than a person working for or with the physician. If the physician has reason to

suspect that the woman is in danger of being physically harmed by anyone who is

coercing the woman to consent to an abortion against her will, the physician must

inform the woman of services for victims or individuals at risk of domestic abuse and

provide her with private access to a telephone.

Currently, a woman's consent to an abortion is considered informed only if, at

least 24 hours before the abortion is performed or induced, the physician or an

assistant has, in person, orally provided the woman with certain information and

given the woman written materials prepared by the Department of Health Services

(DHS). If the pregnancy is the result of sexual assault or incest, the 24-hour period,

but not the provision of information, may be waived or reduced under certain

circumstances. Any person who violates the informed consent requirements is

required to forfeit not less than $1,000 nor more than $10,000 and is liable to the

woman upon whom the abortion is performed or induced.

The bill requires that, at least 24 hours before the abortion is performed or

induced, the physician or another qualified physician inform the woman that she has

a right to refuse or consent to an abortion, that her consent is not voluntary if anyone

is coercing her to consent to an abortion against her will, and that it is unlawful for

the physician to perform or induce the abortion without her voluntary consent. The

physician or another qualified physician must also inform the woman, at least 24

hours before the abortion is induced that, if the abortion is induced by an

abortion-inducing drug, the woman must return to the abortion facility for a

follow-up visit 12 to 18 days after use of the drug to confirm the termination of the

pregnancy and evaluate the woman's medical condition. The bill requires that the

physician or assistant inform the woman that the materials prepared by DHS, which

must be given to her, contain information on services available for victims or

individuals at risk of domestic abuse. Additionally, the bill requires DHS to include

in the printed materials information on services in the state that are available for

victims or individuals at risk of domestic abuse. The bill specifies that none of the

penalties for violating the informed consent requirements may be assessed against

the woman upon whom the abortion is to be performed or induced or attempted to

be performed or induced.