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Policy
Manual
HEALTH CARE
Standards Regarding the Delivery of Health Care
44-5-4
Termination of Pregnancy
| Introduction |
Public Act 90-113 (CONN. GEN. STAT. § 19a-600, 19a-601 and
19a-602) repealed CONN. GEN. STAT. § 53-29 through 53-31b, inclusive, criminal statutes
regarding abortion. Additionally, the Act provides that the decision to terminate a
pregnancy shall be solely that of a pregnant woman in consultation with her doctor. The
Act requires young women under sixteen (16) years of age to receive specific pregnancy
information and counseling before terminating a pregnancy. Temporary caretakers,
statutory, natural, foster and adoptive parents or guardians have no legal role in the
decision, and do not have to be consulted with, or notified of, the decision. The
Department may assist young women by providing access to appropriate medical and/or
counseling services. |
| Definition |
Counselor means a
psychiatrist, licensed psychologist, certified independent social worker, certified
guidance counselor, certified marriage and family therapist, ordained member of the
clergy, certified physician's assistant, licensed nurse-midwife, and licensed registered
or practical nurse. |
| Pregnancy Information and Counseling |
Pregnancy information and counseling prior to an abortion
must be provided by a physician or counselor. |
| Counseling Requirements |
Counselors shall:
explain that the information is intended neither to persuade the young woman to
have an abortion nor to carry the pregnancy to term
explain to the young woman that if she does decide to have an abortion, she can
change her mind at any time before the abortion
explain that if she decides not to have an abortion, she can change her mind at
any time during which she can have a legal abortion
explain the alternatives to having an abortion including informing the young
woman of the possibility of having the child and keeping it, putting the child up for
adoption, or placing the child with a relative or in foster care
inform the young woman that public and private agencies are available to assist
her with the alternative she chooses and that she can have a list of these agencies and
their services
explain to the young woman that she can get birth control information from public
and private agencies and that she can have a list of these agencies
discuss with the young woman the possibilities of involving her parents or other
adult family members in her decision on the pregnancy
discuss with the young woman whether she thinks involving her parents would be in
her best interest
give the young woman a chance to ask questions about pregnancy, abortion and
child care
give her the information she wants or inform her where such information can be
obtained.
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| Affirming Receipt of Information/
Counseling |
Following the receipt of information and counseling, the
physician or counselor and the minor must jointly sign and date a form attesting to the
fact that the counseling requirements contained in this policy have been addressed to the
satisfaction of the minor. The counselor's business address and telephone number must be
included on the form. |
| Counseling Forms and Counseling Services |
Counseling forms developed by the Department of Public Health
and Addiction Services (DPHAS) will only be available to health clinics under the
jurisdiction of DPHAS and counseling services for minors, prior to an abortion, must be
provided by counselors in those facilities. |
| Record Keeping |
A copy of the form noted in the Counseling Forms and
Counseling Services section of this policy shall be kept by the counselor for the young
woman's medical record. The original is given to the minor, or at the minor's request, the
original form may be transmitted to the attending physician. |
| Emergency Exception |
Counseling procedures and forms are not required in medical
emergencies that, for the patient's safety or well-being, require an immediate abortion. A
doctor performing such an abortion must indicate the medical emergency in the medical
records. |
Connecticut Department of Children and Families Issued: March 1, 1994
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