Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2428 Compare Versions

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22 HOUSE DOCKET, NO. 3554 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2428
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Colleen M. Garry
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act protecting the health of the mother and a born alive fetus after the second trimester.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/17/2025 1 of 2
1616 HOUSE DOCKET, NO. 3554 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 2428
1818 By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2428) of Colleen
1919 M. Garry relative to the health of mothers and born alive fetuses after the second trimester.
2020 Public Health.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 2181 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act protecting the health of the mother and a born alive fetus after the second trimester.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 12N of Chapter 112 of the General Laws, as so appearing in the
3232 22020 Official Edition, is hereby amended by striking out section 12N, as amended by section
3333 312N of chapter 263 of the Acts of 2020, and inserting in place thereof the following section:-
3434 4 Section 12N. Protecting women’s health
3535 5 Notwithstanding section 12L, for the purpose of preventing maternal death from abortion
3636 6or miscarriage as pregnancy progresses, no physician may perform or induce, or attempt to
3737 7perform or induce an abortion or cause a miscarriage on any female in a stage of pregnancy after
3838 8the second trimester unless the following conditions are met: (a) the procedure is performed in a
3939 9hospital and (b) the physician and two consulting physicians certify, and so enter in the hospital 2 of 2
4040 10record of the female, that in their medical opinion, based upon their best clinical judgment, the
4141 11continuation of the pregnancy is likely to result in the death of the female. Nothing in this section
4242 12shall prevent the medically necessary procedures to care for the mother after a miscarriage
4343 13occurring before 20 weeks or a stillbirth or fetal death occurring after 20 weeks.
4444 14 SECTION 2. Section 12O of Chapter 112 of the General Laws, as so appearing in the
4545 152020 Official Edition, is hereby amended by striking out section 12O, as amended by section
4646 1612O of chapter 263 of the Acts of 2020, and inserting in place thereof the following section:-
4747 17 Section 12O. Preserving the life of a fetus born alive after miscarriage or abortion
4848 18 Notwithstanding section 12L, if an abortion is performed or an intentional miscarriage is
4949 19caused pursuant to section 12N, the hospital where the procedure is performed shall provide all
5050 20life-saving measures and equipment, as defined by the department of public health, and the
5151 21physician performing the abortion or causing the miscarriage shall employ all the life-saving
5252 22measures and equipment to preserve the life and health of the fetus born alive if it exhibits any
5353 23clearly visible, audible, or otherwise discernable evidence of viability.