Alabama 2022 Regular Session

Alabama House Bill HB349 Compare Versions

Only one version of the bill is available at this time.
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11 1 HB349
22 2 217215-3
33 3 By Representatives Meadows, Holmes, Almond, Mooney,
44 4 Stadthagen, Sorrell, Shaver, Kiel, Hanes, Whorton, Collins,
55 5 Wilcox, Wood (D), Wingo and Shiver
66 6 RFD: Judiciary
77 7 First Read: 15-FEB-22
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1616 8 SYNOPSIS: Existing law requires abortion providers, 48
1717 9 hours before performing an abortion on a woman, to
1818 10 provide the woman with a state-produced pamphlet of
1919 11 pregnancy-related services in this state.
2020 12 This bill would require a physician, before
2121 13 performing an abortion on a woman, to confirm that
2222 14 the woman has received a free resource access
2323 15 assistance offer. This offer would be provided
2424 16 through a phone call to a toll-free number that is
2525 17 staffed by support professionals who would explain
2626 18 available pregnancy-related services to the woman,
2727 19 help her learn about and connect to those
2828 20 resources, and make available additional direct
2929 21 support related to her pregnancy.
3030 22 This bill would make available substantive
3131 23 services to help pregnant women and parents of
3232 24 young children navigate existing private and public
3333 25 resources to support their pregnancy and parenting,
3434 26 and would establish a process to ensure every woman
3535 Page 1 1 seeking to obtain an abortion in Alabama learns
3636 2 about those services prior to an abortion.
3737 3 This bill would also support follow-up
3838 4 services for women after the birth of their
3939 5 children, including referrals to resources in their
4040 6 community and public assistance programs.
4141 7
4242 8 A BILL
4343 9 TO BE ENTITLED
4444 10 AN ACT
4545 11
4646 12 Relating to pregnancy, parenting, and abortion; to
4747 13 create the Every Mother Matters Act; to support certain
4848 14 services for women before and after childbirth; to require a
4949 15 physician, prior to the performance of an abortion, to confirm
5050 16 that a woman upon whom an abortion is to be performed has
5151 17 received a free resource access assistance offer; and to
5252 18 provide for the provision and contents of the offer.
5353 19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
5454 20 Section 1. This act shall be known and may be cited
5555 21 as the Every Mother Matters Act.
5656 22 Section 2. For the purposes of this act, the
5757 23 following terms have the following meanings:
5858 24 (1) ABORTION. The same meaning as in Section
5959 25 26-23H-3, Code of Alabama 1975.
6060 Page 2 1 (2) ABORTION PROVIDER. An entity that offers or
6161 2 advertises the provision of abortions or that operates a
6262 3 facility at which abortions are performed or induced.
6363 4 (3) ABUSE. The same meaning as in Section 30-5-2,
6464 5 Code of Alabama 1975.
6565 6 (4) AGENCY. An entity that contracts with the
6666 7 department to provide the services required by this act.
6767 8 (5) ASSAULT. The acts or offenses described in
6868 9 Sections 13A-6-20, 13A-6-21, and 13A-6-22, Code of Alabama
6969 10 1975.
7070 11 (6) CARE AGENT. A person employed by an agency to
7171 12 perform the services required by this act.
7272 13 (7) COERCION. The acts or offenses described in
7373 14 Section 13A-6-25, Code of Alabama 1975.
7474 15 (8) DEPARTMENT. The Alabama Department of Public
7575 16 Health.
7676 17 (9) ECTOPIC PREGNANCY. The same meaning as in
7777 18 Section 26-23H-3, Code of Alabama 1975.
7878 19 (10) HUMAN TRAFFICKING. The acts or offenses
7979 20 described in Sections 13A-6-152 and 13A-6-153, Code of Alabama
8080 21 1975.
8181 22 (11) MEDICAL EMERGENCY. A condition that, based on
8282 23 the good faith clinical judgment of a physician, has
8383 24 complicated the medical condition of a pregnant woman so as to
8484 25 necessitate the immediate termination of the woman's pregnancy
8585 26 to avert her death or for which a delay will create a serious
8686 Page 3 1 risk of substantial and irreversible impairment of a major
8787 2 bodily function.
8888 3 (12) NEGLECT. The same meaning as in Section
8989 4 26-16-2, Code of Alabama 1975.
9090 5 (13) PARTICIPANT. An individual receiving Pregnancy
9191 6 Launch Program Services as provided in this act.
9292 7 (14) SEXUAL ABUSE. The acts or offenses described in
9393 8 Sections 13A-6-66 and 13A-6-67, Code of Alabama 1975.
9494 9 Section 3. The department shall establish the
9595 10 Pregnancy Launch Program by contracting with one or more
9696 11 agencies to provide direct services, support, social services
9797 12 case management, and program referrals statewide to biological
9898 13 parents of unborn children, biological or adoptive parents of
9999 14 children under two years of age, and parents and legal
100100 15 guardians of pregnant minors.
101101 16 Section 4. The Pregnancy Launch Program shall do all
102102 17 of the following:
103103 18 (1) Encourage healthy childbirth.
104104 19 (2) Support childbirth as an alternative to
105105 20 abortion.
106106 21 (3) Promote family formation.
107107 22 (4) Aid successful parenting.
108108 23 (5) Increase families' economic self-sufficiency.
109109 24 (6) Improve maternal health, mortality, and
110110 25 postpartum outcomes.
111111 26 Section 5. (a) The Pregnancy Launch Program shall
112112 27 consist of at least the following components:
113113 Page 4 1 (1) The use of licensed nurses, community health
114114 2 workers, or other individuals of equivalent expertise to offer
115115 3 healthy pregnancy program services to participants in the
116116 4 Pregnancy Launch Program, including all of the following:
117117 5 a. Assistance assessing and evaluating needs related
118118 6 to pregnancy or parenting.
119119 7 b. Medically accurate pregnancy-related medical
120120 8 information.
121121 9 c. Assistance obtaining obstetric care, primary
122122 10 care, mental health or behavioral health counseling, and
123123 11 postpartum care.
124124 12 d. Support for factors affecting a pregnant woman's
125125 13 pregnancy, including her or her family's well-being and
126126 14 available support services.
127127 15 e. Information on adoption.
128128 16 (2) The use of licensed social workers, nurses,
129129 17 community health workers, licensed professional counselors, or
130130 18 other individuals of equivalent experience to offer care plan
131131 19 coordination services to participants in the Pregnancy Launch
132132 20 Program, including all of the following:
133133 21 a. Assistance in identifying needs related to the
134134 22 pregnancy or parent's ability to care for his or her unborn
135135 23 child.
136136 24 b. Development of a care plan of resources and
137137 25 support to address the needs identified.
138138 Page 5 1 c. Referrals to appropriate local resources,
139139 2 including state and federal benefits programs and local
140140 3 charitable organizations.
141141 4 d. Assistance in applying for state and federal
142142 5 benefits programs.
143143 6 e. Assistance in accomplishing elements of the care
144144 7 plan.
145145 8 f. Services related to postpartum depression and
146146 9 related referrals.
147147 10 g. Assistance obtaining pediatric care and
148148 11 postpartum care.
149149 12 h. Assistance obtaining substance abuse treatment
150150 13 and alcohol abuse treatment.
151151 14 i. Education on available public and private
152152 15 resources to address the pregnant woman's or biological
153153 16 father's socioeconomic needs.
154154 17 j. Social services or assistance in obtaining social
155155 18 services related to education, professional certification,
156156 19 housing, employment, resume development, childcare, adoption
157157 20 services, financial needs, substance abuse, and health
158158 21 benefits plan coverage.
159159 22 k. Assistance for abuse, assault, sexual assault,
160160 23 neglect, coercion, and human trafficking.
161161 24 l. Assistance obtaining mental health or behavioral
162162 25 counseling.
163163 Page 6 1 (3) Administrative support and other expenses
164164 2 necessary for the development or ongoing provision of
165165 3 services.
166166 4 (b)(1) The Pregnancy Launch Program shall be
167167 5 available to residents of all counties of the state, including
168168 6 residents in rural areas that may currently lack access to
169169 7 similar services.
170170 8 (2) Notwithstanding any law to the contrary, healthy
171171 9 pregnancy program services and care plan coordination services
172172 10 of the Pregnancy Launch Program may be provided in person
173173 11 through existing facilities or remotely through a telephonic
174174 12 system or other comparable, synchronous direct audio or video
175175 13 technologies.
176176 14 (c) To be eligible to be a participant, an
177177 15 individual shall, at the time of initial contact with the
178178 16 Pregnancy Launch Program, be one of the following:
179179 17 (1) A resident of this state who is the biological
180180 18 parent of an unborn child or a biological or adoptive parent
181181 19 of a child under two years of age.
182182 20 (2) A pregnant woman seeking to obtain an abortion
183183 21 in this state.
184184 22 (3) A parent or legal guardian of a minor residing
185185 23 in this state who is pregnant or has a child under the age of
186186 24 two years.
187187 25 (d) Existing participants of the Pregnancy Launch
188188 26 Program whose pregnancies are terminated are eligible to
189189 Page 7 1 continue to receive services for six months after the date of
190190 2 termination.
191191 3 Section 6. Each agency providing Pregnancy Launch
192192 4 Program services shall record and report monthly to the
193193 5 department the following information pertaining to care plan
194194 6 coordination and healthy pregnancy services:
195195 7 (1) The number of pregnant women, biological
196196 8 fathers, or parents or guardians of a pregnant minor
197197 9 requesting assistance in developing a personalized care plan.
198198 10 (2) The number of unique pregnant women, biological
199199 11 fathers, or parents or guardians of a pregnant minor receiving
200200 12 support in the following categories:
201201 13 a. Education.
202202 14 b. Training for a professional certification.
203203 15 c. Housing.
204204 16 d. Employment.
205205 17 e. Resume development.
206206 18 f. Child care.
207207 19 g. Adoption services.
208208 20 h. Financial needs.
209209 21 i. Substance abuse.
210210 22 j. Health benefit coverage.
211211 23 (3) The number of pregnant women needing assistance
212212 24 for abuse, assault, sexual assault, neglect, coercion, and
213213 25 human trafficking.
214214 26 (4) The number of women needing assistance for
215215 27 postpartum depression and related referrals.
216216 Page 8 1 (5) The number of pregnant women needing assistance
217217 2 obtaining obstetric care, pediatric care, postpartum care, or
218218 3 mental health or behavioral counseling.
219219 4 (6) The number of pregnant women receiving
220220 5 assistance or education for issues related to their health,
221221 6 unborn children's health, pregnancy, abortion, fetal
222222 7 development, or birth.
223223 8 Section 7. (a) An individual shall not perform or
224224 9 induce an abortion unless the individual verifies, in
225225 10 accordance with Section 12, that the woman upon whom the
226226 11 abortion is to be performed or induced has received a resource
227227 12 access assistance offer.
228228 13 (b) A resource access assistance offer under
229229 14 subsection (a) shall consist of a care agent doing all of the
230230 15 following:
231231 16 (1) Informing the pregnant woman of and making
232232 17 available the following:
233233 18 a. Free healthy pregnancy program services offered
234234 19 under Section 5.
235235 20 b. Free care plan coordination services offered
236236 21 under Section 5.
237237 22 (2) Providing education on other public and private
238238 23 resources available to address the socioeconomic needs of the
239239 24 pregnant woman or the biological father of the unborn child.
240240 25 (3) Offering screening and assistance for abuse,
241241 26 assault, sexual assault, neglect, coercion, and human
242242 27 trafficking.
243243 Page 9 1 (c)(1) The pregnant woman is not required to do
244244 2 either of the following in order to obtain an abortion:
245245 3 a. Provide any personally identifiable information
246246 4 to the department, care agent, or contracting agency.
247247 5 b. Initiate, accept, or complete any services
248248 6 offered pursuant to this section in order to obtain an
249249 7 abortion.
250250 8 (2) The pregnant woman may decline services offered
251251 9 pursuant to Section 5 at any time.
252252 10 (d) The resource access assistance offer shall be
253253 11 provided at the expense of the state at no cost to the woman.
254254 12 (e) This section does not apply in the case of a
255255 13 medical emergency necessitating the performance of an
256256 14 abortion. An individual who performs or induces an abortion in
257257 15 a medical emergency shall do both of the following:
258258 16 (1) Include in the woman's medical records a
259259 17 statement signed by the physician certifying the nature of the
260260 18 medical emergency.
261261 19 (2) Not later than the 30th day after the
262262 20 performance of the abortion, certify to the department the
263263 21 specific medical condition that constituted the emergency.
264264 22 (f) This section shall become operative 18 months
265265 23 following the effective date of this act.
266266 24 Section 8. (a) The department shall, not later than
267267 25 nine months following the effective date of this act, contract
268268 26 with one or more agencies sufficient to ensure that every
269269 27 woman seeking an abortion in Alabama receives a resource
270270 Page 10 1 access assistance offer as well as the opportunity to receive
271271 2 free care plan coordination and free healthy pregnancy program
272272 3 services.
273273 4 (b) The department shall only contract with agencies
274274 5 that are capable of offering resource access assistance
275275 6 offers, care plan coordination, and healthy pregnancy program
276276 7 services by telephonic means or other comparable, synchronous
277277 8 direct audio or video technologies.
278278 9 Section 9. An agency and any of its subcontractors
279279 10 or agents who provide services under Sections 3 through 8
280280 11 shall not do any of the following:
281281 12 (1) Be an abortion provider or entity that directly
282282 13 or indirectly promotes, refers for, or assists women in
283283 14 obtaining an abortion.
284284 15 (2) Own, operate, or be affiliated with an abortion
285285 16 provider or an entity that directly or indirectly promotes,
286286 17 refers for, or assists women in obtaining an abortion.
287287 18 (3) Employ an individual who has performed or
288288 19 induced an abortion in the last two years.
289289 20 (4) Have as a director, board member, officer,
290290 21 volunteer, or employee an individual who has performed or
291291 22 induced an abortion in the last two years or who serves in any
292292 23 of these roles for an entity described in subdivision (1).
293293 24 (5) Refer women to an abortion provider, recommend
294294 25 abortion, or take any other action that directly or indirectly
295295 26 assists a woman in obtaining an abortion.
296296 Page 11 1 Section 10. Each care agent providing services under
297297 2 this act, and any individual providing program services
298298 3 through a subcontract or through an agency on a volunteer
299299 4 basis, shall:
300300 5 (1) Meet the qualifications established by the
301301 6 department.
302302 7 (2) Have not performed or induced an abortion in the
303303 8 last two years.
304304 9 (3) Have not, within the last two years, served as a
305305 10 director, board member, officer, volunteer, or employee for an
306306 11 entity that is an abortion provider or an entity that directly
307307 12 or indirectly promotes abortion or assists women in obtaining
308308 13 an abortion.
309309 14 (4) Maintain the confidentiality of information the
310310 15 care agent obtains while performing services under this act.
311311 16 (5) Complete a training program regarding
312312 17 recognizing signs that an individual may have been a victim of
313313 18 human trafficking and provide appropriate assistance to that
314314 19 individual.
315315 20 (6) Not refer women to an abortion provider,
316316 21 recommend abortion, or take any other action that directly or
317317 22 indirectly assists a woman in obtaining an abortion.
318318 23 Section 11. The department shall do all of the
319319 24 following:
320320 25 (1) Annually designate the proportion of resource
321321 26 access assistance offers to be provided by each agency based
322322 Page 12 1 on the agency's share of participants initiating care plan
323323 2 coordination services or healthy pregnancy program services.
324324 3 (2) Establish a single toll-free number by which all
325325 4 pregnant women seeking an abortion in Alabama may immediately
326326 5 receive resource access assistance offers by automatically
327327 6 connecting the pregnant woman to an agency based on this
328328 7 proportion.
329329 8 (3)a. Develop and maintain a secure process for
330330 9 completing the verification requirements of this section and
331331 10 Section 12 and enforcing the auditing requirements of Section
332332 11 13.
333333 12 b. The process shall not transmit any information to
334334 13 either of the following:
335335 14 1. The agency or care agent concerning the identity
336336 15 or location of the individual who may perform or induce the
337337 16 abortion or the facility at which the abortion may occur.
338338 17 2. The individual performing or inducing the
339339 18 abortion or the individual's agent regarding the identity of
340340 19 the agency or care agent providing the resource access
341341 20 assistance offer.
342342 21 (4) Provide a monthly report to each agency
343343 22 regarding the percentage of pregnant women who were provided
344344 23 resource access assistance offers by the agency who
345345 24 subsequently obtained an abortion in this state.
346346 25 (5) Adopt rules for the implementation of this act.
347347 26 Section 12.
348348 Page 13 1 (a) The individual who is to perform or induce an
349349 2 abortion, or the individual's agent, shall do each of the
350350 3 following before accepting any payment for abortion-related
351351 4 services, before an abortion is performed or induced, and
352352 5 before any sedative or anesthesia is administered:
353353 6 (1) Verify through the department's secure
354354 7 verification process that the woman received a resource access
355355 8 assistance offer from an agency.
356356 9 (2) Record the verification in the woman's medical
357357 10 record.
358358 11 (3) Take any other steps required by department rule
359359 12 to complete the secure verification process.
360360 13 (b) The individual who performs or induces an
361361 14 abortion, or the individual's agent, shall, within two
362362 15 business days of the completion of an abortion, report to the
363363 16 department confirmation for each abortion performed or induced
364364 17 and the date and time of the performance or induction of the
365365 18 abortion.
366366 19 (c) Care agents shall do both of the following:
367367 20 (1) Provide the resource access assistance offer,
368368 21 care coordination, and healthy pregnancy program services.
369369 22 (2) Record the information required by Section 6.
370370 23 (d) An agency shall record and report at least
371371 24 monthly to the department the following information pertaining
372372 25 to resource access assistance offers:
373373 Page 14 1 (1) The number of pregnant women needing assistance
374374 2 for violence, abuse, assault, sexual assault, coercion,
375375 3 neglect, or human trafficking.
376376 4 (2) The number of women receiving a resource access
377377 5 assistance offer who initiate care plan coordination.
378378 6 (3) The number of women receiving a resource access
379379 7 assistance offer who initiate healthy pregnancy program
380380 8 services.
381381 9 (e) This section shall become operative 18 months
382382 10 following the effective date of this act.
383383 11 Section 13. (a) The department, in order to enforce
384384 12 compliance with this act, shall audit the medical records kept
385385 13 by every individual who performs or induces an abortion and
386386 14 every abortion provider according to the following process:
387387 15 (1) At least once a year, the department shall audit
388388 16 10 percent of the abortion medical records at random,
389389 17 unannounced, and reasonable times.
390390 18 (2) The department shall determine for each audited
391391 19 medical record whether the individual who performed or induced
392392 20 the abortion fully complied with subsections (a) and (b) of
393393 21 Section 12.
394394 22 (3) If the department finds that for five percent or
395395 23 more of the audited medical records, the individual who
396396 24 performed or induced the abortion failed to comply with
397397 25 subsections (a) and (b) of Section 12, the department shall
398398 26 audit all abortion medical records from that individual since
399399 27 the last inspection performed pursuant to this section.
400400 Page 15 1 (b) The results of the department's audit shall be a
401401 2 public writing for the purpose of the Alabama Open Records
402402 3 Law, Section 36-12-40, Code of Alabama 1975, and the
403403 4 department shall publicly post the results of each audit on
404404 5 its website, provided that the audit results shall not contain
405405 6 any personally identifying information on any woman who
406406 7 obtained an abortion.
407407 8 (c) Any individual performing or inducing an
408408 9 abortion who fails to comply with subsections (a) and (b) of
409409 10 Section 12 shall be subject to a civil penalty of five
410410 11 thousand dollars ($5,000) for each abortion he or she performs
411411 12 or induces in violation of subsections (a) and (b) of Section
412412 13 12.
413413 14 (d) An abortion provider shall be jointly and
414414 15 severally liable for each fine associated with an abortion
415415 16 performed or induced at that facility.
416416 17 (e) The Attorney General or the district attorney of
417417 18 the county in which the abortion was performed or induced may
418418 19 file an action to recover a civil penalty assessed under this
419419 20 section and, if any civil penalty is recovered, shall also
420420 21 recover attorney fees and costs incurred in bringing the
421421 22 action, provided no civil penalty may be recovered if the
422422 23 Attorney General, the district attorney of the county in which
423423 24 the abortion was performed or induced, or another individual
424424 25 has already recovered a civil penalty for that specific
425425 26 violation of subsections (a) and (b) of Section 12.
426426 Page 16 1 (f)(1) Any individual may bring a civil action to
427427 2 recover the civil penalty assessed under this section if both
428428 3 of the following are true:
429429 4 a. An action has not already been initiated by the
430430 5 Attorney General or a district attorney.
431431 6 b. Another individual has not already recovered a
432432 7 penalty for that specific violation of subsections (a) and (b)
433433 8 of Section 12.
434434 9 (2) An individual who brings an action under this
435435 10 section and prevails may recover attorney fees and costs
436436 11 incurred in bringing the action.
437437 12 (g) The civil penalty imposed by this section is in
438438 13 addition to the criminal liability established by the Woman's
439439 14 Right to Know Act, Chapter 23A of Title 26, Code of Alabama
440440 15 1975.
441441 16 (h) The department shall revoke the license of an
442442 17 abortion provider if greater than five percent of medical
443443 18 records audited at that facility do not comply with
444444 19 subsections (a) and (b) of Section 12.
445445 20 (i) This section shall become operative 18 months
446446 21 following the effective date of this act.
447447 22 Section 14. Records that identify an individual care
448448 23 agent, pregnant woman, or biological or adoptive parent held
449449 24 by the department pursuant to this act are not open records
450450 25 for the purposes of Article 3 of Chapter 12 of Title 36, Code
451451 26 of Alabama 1975. Those records may be released or made public
452452 27 as follows:
453453 Page 17 1 (1) For statistical purposes, but only if a care
454454 2 agent, pregnant woman, or biological or adoptive parent is not
455455 3 identified.
456456 4 (2) With the consent of each individual identified
457457 5 in the information released.
458458 6 (3) To individuals performing or inducing abortions
459459 7 and to agencies, to the extent necessary to fulfill their
460460 8 obligations pursuant to this act.
461461 9 (4) To appropriate state agencies or county and
462462 10 district courts to enforce this chapter.
463463 11 (5) To appropriate state licensing boards to enforce
464464 12 state licensing laws.
465465 13 (6) To licensed medical or health care personnel
466466 14 currently treating the pregnant woman.
467467 15 (7) Pursuant to a subpoena issued by a court of
468468 16 competent jurisdiction, provided the release is made subject
469469 17 to a confidentiality requirement as determined by that court.
470470 18 Section 15. This act does not:
471471 19 (1) Create or recognize a right to abortion.
472472 20 (2) Create or recognize a right to a particular
473473 21 method of abortion.
474474 22 (3) Make lawful an abortion that is currently
475475 23 unlawful under any law of this state.
476476 24 Section 16. Nothing in this act shall be interpreted
477477 25 to violate any speech or conduct rights protected by the First
478478 26 Amendment of the Constitution of the United States, as made
479479 27 applicable to the states through interpretations by the
480480 Page 18 1 Supreme Court of the United States of the Fourteenth Amendment
481481 2 of the Constitution of the United States, or by the
482482 3 Constitution of Alabama of 1901, including the Alabama
483483 4 Religious Freedom Amendment, Article 1, Section 3.01.
484484 5 Section 17. The provisions of this act are
485485 6 severable. If any part of this act is declared invalid or
486486 7 unconstitutional, that declaration shall not affect the part
487487 8 which remains.
488488 9 Section 18. This act shall become effective on the
489489 10 first day of the first month following its passage and
490490 11 approval by the Governor, or its otherwise becoming law.
491491 Page 19