APPROVED CHAPTER
JULY 19, 2023 416
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 1044 - L.D. 1619
An Act to Improve Maine's Reproductive Privacy Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1596, sub-§2, as amended by PL 2019, c. 262, §1, is repealed
and the following enacted in its place:
2. Abortion reports. A report of each abortion performed must be made to the
Department of Health and Human Services in a manner prescribed by the department.
These reports may not identify the patient by name or include other identifying information.
The report must include, without limitation, the following information:
A. The date and place the abortion was performed;
B. The age of the person on whom the abortion was performed;
C. The method used to perform the abortion; and
D. The gestational age of the fetus when the abortion was performed.
The report containing the information and data required by this subsection must be
transmitted by the health care provider to the department not later than 10 days following
the end of the month in which the abortion is performed.
Sec. 2. 22 MRSA §1598, sub-§1, as amended by PL 2019, c. 262, §4, is further
amended to read:
1. Policy. It is the public policy of the State that the State not restrict a woman's
exercise of her private decision to terminate a pregnancy before viability except as provided
in section 1597‑A. After viability an abortion may be performed only when it is necessary
to preserve the life or health of the mother. It is also the public policy of the State that all
abortions may be performed only by a health care professional, as defined in section 1596,
subsection 1, paragraph C.
Sec. 3. 22 MRSA §1598, sub-§1-A is enacted to read:
1-A. Abortion after viability. After viability, an abortion may be performed only
when it is necessary in the professional judgment of a physician licensed pursuant to Title
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32, chapter 36 or 48. The physician shall apply the applicable standard of care in making a
professional judgment under this subsection.
Sec. 4. 22 MRSA §1598, sub-§3, as amended by PL 2019, c. 262, §5, is further
amended to read:
3. Persons who may perform abortions; penalties.
A. Only a person licensed under Title 32, chapter 36 or 48 to practice in the State as
an osteopathic or medical physician or physician assistant or a person licensed under
Title 32, chapter 31 to practice in the State as an advanced practice registered nurse
may perform an abortion on another person. Nothing in this paragraph limits the
applicability of Title 32, section 3270 or any other civil or criminal law that may apply.
B. Any person not so licensed who knowingly performs an abortion on another person
or any person who knowingly assists a nonlicensed person to perform an abortion on
another person is guilty of a Class C crime.
Sec. 5. 22 MRSA §1598, sub-§4, as corrected by RR 2021, c. 2, Pt. B, §98, is
repealed.
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Statutes affected:
Bill Text LD 1619, HP 1044: 22.1596, 22.1598
Bill Text ACTPUB , Chapter 416: 22.1596, 22.1598