1523-S AMH MAST PERR 98

SHB 1523 ‑ H AMDS 402 SCOPE 3/14/95

By Representative Mastin

On page 4, line 26, after "9" insert "or 11"

On page 5, line 11 after "state." insert "The requirements and procedures of this section are available as alternatives to the provisions of section 11 of this act and may be used prior to, simultaneously with, or following the use of those provisions. A waiver under this section is valid, notwithstanding a denial of a waiver under section 11 of this act."

On page 6, after line 33, insert the following:

"NEW SECTION. Sec. 11. (1) The requirements and procedures under this section are available to unemancipated minors and incompetents whether or not they are residents of this state. The requirements and procedures of this section are available as alternatives to the provisions of section 9 of this act and may be used prior to, simultaneously with, or following the use of those provisions. A waiver under this section is valid, notwithstanding a denial of a petition under section 9 of this act.

(2) The unemancipated minor or incompetent may request a counselor licensed under chapter 18.19 RCW or a licensed or ordained member of the clergy as defined in RCW 26.44.020, for a waiver of the notice requirement. The request shall include a statement that the requesting party is unemancipated or incompetent.

(3) A counselling session under this section shall be conducted within one week of the request and shall be confidential and shall ensure the anonymity of the unemancipated minor or incompetent. All counselling sessions under this section shall be sealed. The unemancipated minor or incompetent has the right to request her counselling session using a pseudonym or using solely her initials. All documents related to the counselling session shall be confidential and shall not be available to the public. The counsellor or clergy member shall provide a written professional decision within forty-eight hours of the time after the counselling session. If the counsellor or clergy member fails to conduct a counselling session within one week or fails to issue a decision within forty-eight hours after a counselling session, the notice requirement shall be waived.

(4) At the time the minor or incompetent requests a counselling session, the counsellor or clergy member shall provide her with a signed statement that either:

(a) Declares that a counselling session will not be conducted within seven days; or

(b) Sets a counselling session at a reasonable time within seven days.

(5) If a counselling session occurs in compliance with 4(b) of this act, the counsellor or clergy member must provide a signed statement that either:

(a) No decision was reached within forty-eight hours of the counselling session; or

(b) The counsellor or clergy member finds that:

(i) The unemancipated minor or incompetent is sufficiently mature or able to decide whether to have an abortion;

(ii) There is evidence of a pattern of physical or sexual abuse by one or both of the parents or by the guardian of the unemancipated minor or incompetent; or

(iii) The notification of a parent or guardian is not in the best interest of the unemancipated minor or incompetent; or

(c) A decision was reached within forty-eight hours of the counselling session, but none of the findings in (b) of this subsection was made.

(6) If the counsellor or clergy member makes any of the findings in (5)(b) of this section, or fails to reach a decision within forty-eight hours of a counselling session, the counsellor or clergy member shall provide the unemancipated minor or incompetent with a signed statement authorizing her to consent to the performance or inducement of an abortion without the notification of a parent or guardian. If, following a counselling session, the counsellor or clergy member indicates in the signed statement under (5) of this section that none of the findings under (5)(b) of this section was made, the counsellor or clergy member shall deny the request for a waiver.

(7) If an unemancipated minor or incompetent has been denied a waiver under this section, she may request a waiver from no more than one additional counsellor or clergy member."

Renumber the remaining sections and correct internal references accordingly. Correct the title.