Section 18.16.060. Informed consent requirements.

   (a) Except as provided in (d) of this section, a person may not knowingly perform or induce an abortion without the voluntary and informed consent of
        (1) a woman on whom an abortion is to be performed or induced;
        (2) the parent, guardian, or custodian of a pregnant, unemancipated minor if required under AS 18.16.020; or
        (3) a pregnant, unemancipated minor if authorized by a court under AS 18.16.030.
   (b) Consent to an abortion is informed and voluntary when the woman or another person whose consent is required certifies in writing that the physician who is to perform the abortion, a member of the physician's staff who is a licensed health care provider, or the referring physician has verbally informed the woman or another person whose consent is required of the name of the physician who will perform the procedure and the gestational estimation of the pregnancy at the time the abortion is to be performed and has provided either
        (1) the Internet information required to be maintained under AS 18.05.032; the physician or a member of the physician's staff who is a licensed health care provider shall provide a copy of the Internet information if a person requests a written copy; if a member of the physician's staff provides the information required under this paragraph, the member of the physician's staff shall offer the opportunity to consult with the physician; or
        (2) information about the nature and risks of undergoing or not undergoing the proposed procedure that a reasonable patient would consider material to making a voluntary and informed decision of whether to undergo the procedure.
   (c) The information required in (b) of this section shall be provided before the procedure in a private setting to protect privacy, maintain the confidentiality of the decision, ensure that the information focuses on the individual circumstances, and ensure an adequate opportunity to ask questions. Provision of the information telephonically or by electronic mail, regular mail, or facsimile transmittal before the person's appointment satisfies the requirements of this subsection as long as the person whose consent is required under (a) of this section has an opportunity to ask questions of the physician after receiving the information.
   (d) Notwithstanding (a) of this section, informed consent that meets the requirements of (a) - (c) of this section is not required in the case of a medical emergency or if the pregnancy is the result of sexual assault under AS 11.41.410 - 11.41.427, sexual abuse of a minor under AS 11.41.434 - 11.41.440, incest under AS 11.41.450, or an offense under a law of another jurisdiction with elements similar to one of these offenses. In this subsection, "medical emergency" means a condition that, on the basis of a physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman that
        (1) the immediate termination of the woman's pregnancy is necessary to avert the woman's death; or
        (2) a delay in providing an abortion will create serious risk of substantial and irreversible impairment of a major bodily function of the woman.

Authorities

18.05.032;18.16.010

Notes

References

AS 18.05.032 Information relating to pregnancy and pregnancy alternatives.
AS 18.16.010 Abortions.

History

(Sec. 5 ch 178 SLA 2004)