Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2181 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1840 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2181
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Colleen M. Garry
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting the health of the mother and a born alive fetus after the second trimester.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/18/2023Kelly W. Pease4th Hampden1/26/2023 1 of 2
16	16	HOUSE DOCKET, NO. 1840 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2181
18	18	By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2181) of Colleen
19	19	M. Garry and Kelly W. Pease relative to the health of mothers and born alive fetuses after the
20	20	second trimester. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act protecting the health of the mother and a born alive fetus after the second trimester.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 12N of Chapter 112 of the General Laws, as so appearing in the
30	30	22020 Official Edition, is hereby amended by striking out section 12N, as amended by section
31	31	312N of chapter 263 of the Acts of 2020, and inserting in place thereof the following section:-
32	32	4 Section 12N. Protecting women’s health
33	33	5 Notwithstanding section 12L, for the purpose of preventing maternal death from abortion
34	34	6or miscarriage as pregnancy progresses, no physician may perform or induce, or attempt to
35	35	7perform or induce an abortion or cause a miscarriage on any female in a stage of pregnancy after
36	36	8the second trimester unless the following conditions are met: (a) the procedure is performed in a
37	37	9hospital and (b) the physician and two consulting physicians certify, and so enter in the hospital
38	38	10record of the female, that in their medical opinion, based upon their best clinical judgment, the
39	39	11continuation of the pregnancy is likely to result in the death of the female. Nothing in this section 2 of 2
40	40	12shall prevent the medically necessary procedures to care for the mother after a miscarriage
41	41	13occurring before 20 weeks or a stillbirth or fetal death occurring after 20 weeks.
42	42	14 SECTION 2. Section 12O of Chapter 112 of the General Laws, as so appearing in the
43	43	152020 Official Edition, is hereby amended by striking out section 12O, as amended by section
44	44	1612O of chapter 263 of the Acts of 2020, and inserting in place thereof the following section:-
45	45	17 Section 12O. Preserving the life of a fetus born alive after miscarriage or abortion
46	46	18 Notwithstanding section 12L, if an abortion is performed or an intentional miscarriage is
47	47	19caused pursuant to section 12N, the hospital where the procedure is performed shall provide all
48	48	20life-saving measures and equipment, as defined by the department of public health, and the
49	49	21physician performing the abortion or causing the miscarriage shall employ all the life-saving
50	50	22measures and equipment to preserve the life and health of the fetus born alive if it exhibits any
51	51	23clearly visible, audible, or otherwise discernable evidence of viability.