HB 391 - Requires Parental Notification Before an Abortion for a Minor - New Mexico Key Vote

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Title: Requires Parental Notification Before an Abortion for a Minor

Vote Smart's Synopsis:

Vote to pass a bill that requires a physician to notify a parent or guardian prior to performing an abortion on a minor, effective immediately.

Highlights:

  • Requires a physician to notify the parent or guardian of a minor seeking an abortion of the procedure at least 48 hours before performing the abortion, using 1 of the following methods of communication (Sec. 3):
    • By a sealed envelope delivered by a courier or similar service that requires a signature upon delivery; or
    • By an acknowledgment form the parent or guardian is required to sign at the facility where the procedure will occur.
  • Exempts a physician from parental notification requirements in certain circumstances, including, but not limited to, the following circumstances (Secs. 3-5):
    • If the physician determines that the abortion is necessary to prevent the minor’s death and there is not enough time to provide notice;
    • If the physician determines that the pregnancy is a result of sexual abuse, rape, or incest and has already notified the Children, Youth, and Families Department; or
    • If the minor files a petition in a district court and is granted a waiver of notice.
  • Requires a physician to submit an annual report to the Department of Health that includes, but is not limited to, the number of women who requested abortions, the number of abortions performed, and the number of times the physician provided parental notice under the provisions of this bill (Sec. 6). 
  • Establishes the following penalties for a physician who violates the provisions of this bill (Sec. 7):
    • A $5,000 civil fine per violation; and 
    • The revocation or suspension of the physician’s license to practice medicine for at least 1 year.
  • Prohibits discrimination against a medical facility employee who refuses to assist with abortion services on moral or religious grounds (Sec. 9). 

Title: Requires Parental Notification Before an Abortion for a Minor

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