PA 90-113
AN ACT CONCERNING THE REPEAL OF CERTAIN STATUTES
SUMMARY:
This act repeals the criminal statutes on abortion and makes
the decision to terminate a pregnancy prior to the viability of the
fetus solely that of the pregnant woman, in consultation with her
physician. It prohibits abortions after viability unless necessary to
preserve the woman's life or health.
The act requires girls under age 16 to receive specific pregnancy
information and counseling before obtaining an abortion.
EFFECTIVE DATE: October 1, 1990
FURTHER EXPLANATION
"Counselor" Defined
The act requires a physician or "counselor," as defined by the
act, to provide information and counseling. The following
professionals meet the act's definition of counselor:
1. psychiatrist,
2. licensed psychologist,
3. certified independent social worker,
4. certified marriage and family therapist,
5. ordained member of the clergy,
6. certified physician's assistant,
7. licensed nurse-midwife,
8. certified guidance counselor, and
9. licensed registered or practical nurse.
Content of the Counseling
The act requires the counseling to be given in a manner and in
language that the girl will understand, and it requires the
counseling to cover the following areas.
1. Objectivity. The counselor must explain that the information
is intended neither to persuade the girl to have an abortion
nor to carry the pregnancy to term.
2. Right to Change One's Mind. The counselor must explain to
the girl that if she does decide to have an abortion, she
can change her mind at any time before the abortion. If she
decides not to have an abortion, she can change her mind at
any time during which she can have a legal abortion, i.e.,
before viability of the fetus.
3. Alternatives Available. The counselor must explain the
alternatives to having an abortion. The explanation must
include informing the girl of the possibility of having the
child and keeping it, putting it up for adoption, or placing
the child with a relative or in foster care. The counselor
must also inform the girl that public and private agencies
are available to assist her with the alternative she chooses
and that she can have a list of these agencies and their
services.
4. Birth Control Information. The counselor must explain to the
girl that she can get birth control information from public
and private agencies and that she can have a list of these
agencies.
5. Parental Notification. The counselor must discuss with the
girl the possibility of involving her parents or other adult
family members in her decision on the pregnancy. The
counselor must also discuss with the girl whether she thinks
involving her parents would be in her best interest.
6. Asking Questions. The counselor must give the girl a chance
to ask questions about pregnancy, abortion, and child care.
The counselor must give her the information she wants or
tell her where she can get it.
Signed Form Required
The act requires the counselor to have the girl sign and date a
form that specifies the information she has received. Since the
information must have been in "a manner and language" she could
understand, the form presumably must be as well, but this is not
specified. The counselor must sign and date the form and include his
business address and phone number.
The counselor must keep a copy of the form for the girl's medical
record and give her the original form. But if she requests, the
counselor must send the original to the attending physician.
Emergency Exception
The act does not require the counseling procedures and forms in
medical emergencies that, for the patient's safety or well-being,
require an immediate abortion. A doctor performing such an abortion
must indicate the medical emergency in the medical records.
Failure to Comply
The act does not expressly say that a physician is prohibited
from performing an abortionunless the girl has first had counseling,
but this seems to be its implication. The act does not impose a
penalty for performing an abortionwithout complying with the
counseling requirements or for a post-viability abortion. Thus, CGS
Sec. 54-195, which imposes a $100 fine for violation of any statute
without an express penalty, could apply.
Repeal of Criminal Sanctions
The act repeals the criminal statutes on abortion. These statutes
have been basically unenforceable, due to a federal court injunction,
since 1973. They made obtaining an abortiona crime punishable by up
to two years in prison, disseminating information on abortion
punishable by up to one year, and performing an abortion(except to
save the mother's life) punishable by up to five years.
Despite the federal injunction, the state Supreme Court has held
that the criminal sanctions are enforceable against a nonphysician
who performs an abortion, State v. Menillo, 171 Conn. 141 (1976). The
act repeals that application of the criminal abortionstatutes as
well, but practicing medicine without a license remains a crime,
punishable by up to five years in prison (CGS Sec. 20-14).
