Alabama ‘Jane Doe Act’ (HB 365)

HB 365 would require a pregnant minor seeking an abortion to present a certified birth certificate to the staff or physician of an abortion clinic upon their first visit to the clinic. The bill provides an exception for medical emergencies.

Current state law requires parents and legal guardians to provide written consent for unemancipated minors seeking an abortion. Under this bill, informed consent by the minor or parental consent would be deemed invalid if provided prior to the presentation of the birth certificate. It’s not clear how this bill would affect minors seeking a judicial bypass in order to obtain an abortion.

The bill would require health care practitioners and employees of clinics and facilities to report failures to comply with these requirements to the state attorney general. A clinic or facility that fails to correct any deficiencies within 30 days may lose their license.

A person who violates this provision would be guilty of a Class A misdemeanor.

Reporting Requirements

The bill would require abortion clinics and reproductive health facilities to rule out criminal victimization of minors by conducting a preliminary screening of any minor under the age of 16 seeking an abortion or presenting with a sexually transmitted disease or suspicion of abuse. The facility would be required to report to the state department of human resources any minor seeking an abortion or presenting with a sexually transmitted disease or suspicion of abuse.

Current state law requires any minor under the age of 16 years seeking an abortion to be asked the name and age of the individual who is believed to be the father of the child. If the name of the father, his age, or both are given, this information would need to be included in the report, regardless of the age of the father.

Under this bill, if a minor is 14 years old or younger, reasonable suspicion would exist that the child is a victim of criminal activity. The clinic or facility would be required to report the names of the pregnant minor child and the father to the state attorney general within 72 hours.

If a minor under the age of 16 receives an abortion, and again becomes pregnant and receives another abortion, reasonable suspicion would exist that the child is a victim of criminal activity. The clinic or facility would be required to notify the state attorney general within 72 hours and provide sufficient personally identifying and contact information of the minor.

Each facility would need to maintain records for 10 years.

Training

Every abortion clinic and reproductive health facility would be required to provide annual training for all personnel on the reporting requirements. Plans would need to include protocols to identify individuals who are victims of sexual abuse or targets for underage sexual victimization.

Any staff member of an abortion clinic or facility who has knowledge of a failure to comply with the requirements of this provision would be required to report the failure to the state attorney general.

A person who violates this provision would be guilty of a Class A misdemeanor.

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Latest Action

4/4/19 – Introduced; referred to state house judiciary committee.

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People