A Summary of Amendment #759 to H.5150: Key Provisions of the ROE Act
As many of you know, one of my top priorities this legislative session has been to pass the ROE Act, which was filed by Representative Pat Haddad and I. The bill was the top priority for NARAL, Planned Parenthood, and the ACLU.
The passing of Supreme Justice Ruth Bader Ginsberg created an even greater urgency to pass this legislation in order to protect pregnant people in Massachusetts. We were grateful when both the Speaker of the House and the Senate President committed to addressing barriers to abortion access before the end of this extended formal session.
Last Thursday, the House passed amendment #759, which contained the key provisions from the ROE Act, as part of the budget process. While the amendment did not include everything that I hoped, it is a great step and removes medically unnecessary barriers to reproductive services in the Commonwealth. I was happy to go to the State House (with a mask) and speak in support of the amendment.
The amendment passed with a vote of 108-49, which is enough to sustain a veto if necessary.
Here is a breakdown of what was included:
Allows for abortions to be performed after 24 weeks in the case of lethal fetal anomalies or those incompatible with life outside of the uterus. Currently, if a pregnant person learns their fetus cannot survive outside the womb, they have to carry the fetus to term or travel outside the state (typically Colorado) for expensive reproductive services.
All abortion procedures after 24 weeks will be performed in a hospital setting.
Lowers the age of consent from 18 to 16 years old. I hoped that we could provide full youth access in Massachusetts and eliminate court involvement, as is the case in Connecticut, Maine, and New York (among others). Appropriately 80% of minors each year who receive an abortion are 16 or 17 years old. In states that have eliminated parental consent rules, minors seeking reproductive services still involve their parents to about the same percentage as similar minors in Massachusetts today.
Simplifies the judicial bypass process for young people 15 years old and under if they do not obtain parental consent.
Allows the patient to decide to have their hearing via teleconference if they want and during hours outside the normal business hours of the Court.
Requires that there is no delay in procedure between signing consent form and obtaining an abortion in order to ensure young people can access a medication abortion within the necessary time frame.
Allows Physicians, Nurse Practitioners, Physician Assistants, and Nurse Midwives to perform abortions, if within scope of practice and license. Effectively, this means these non-physician medical professionals will be able to dispense abortion pills, which are only effective in the first weeks of preganancy.
Conforms the collection and reporting of data to what the Department of Public Health currently collects (as opposed to the more onerous reporting the law requires).
This week, the Senate will debate their version of the budget including an abortion access amendment. There are minor differences between the House and Senate versions.
Thank you for your support of this important initiative. Successful legislation is a team effort and we had a huge team of advocates inside and outside the legislature helping. This has been the toughest legislative challenge that I have faced and I am incredibly pleased to play a role in the success.