Protecting Women from Coerced Abortion

Coercion thrives in silence. A woman accompanying someone who controls her travel, her finances, or her safety can enter an abortion facility without anyone in that building ever telling her she has the right to say no. H1662 breaks that silence. Under the bill, every facility where abortions are performed must conspicuously post a notice stating that it is against the law for anyone to force her to have an abortion, that consent must be freely given and voluntary, and that she has the right to contact law enforcement. The notice must appear in each patient waiting room and consultation room used by abortion patients in private offices, ambulatory surgical centers, and clinics, and in each patient admission area used by abortion patients in hospitals and other facilities. It must be printed in both English and Spanish in boldfaced type of at least three-quarters of an inch. The American Council believes that a woman in crisis deserves to see those words with her own eyes before she goes any further.

A posted sign is necessary, but it is not sufficient. A controlling partner sitting three feet away changes what a woman feels she can safely read, absorb, or act on. H1662 addresses that reality directly. The attending physician must also communicate the notice information to the patient verbally, and must do so in private, excluding any boyfriend, husband, family member, friend, or other accompanying person. The patient must then certify in writing, before the procedure, that she received that information. That certification must be retained in her file for at least seven years, or, if she is a minor, for at least seven years or two years after she reaches the age of majority, whichever is longer. We believe this private, documented moment is among the most important elements of the bill: it creates a structured opportunity for a woman to hear her rights from a professional, alone, before a decision that cannot be undone.

Rights without remedies are wishes. H1662 provides real accountability. A facility that knowingly, recklessly, or negligently fails to post the required sign faces a fine of $10,000 per day on which an abortion is performed while the sign is absent during any part of business hours, with a specific exception for days on which the only abortion performed was necessary to prevent the death of the pregnant patient. Beyond the fine, any individual injured by a facility's failure to post the sign, or by a physician's failure to deliver the verbal notice, may bring a civil action in superior court to recover damages for emotional distress and other damages allowed by law. These sanctions do not displace any other sanctions that may apply under existing law. The American Council believes this layered accountability reflects the seriousness of what is at stake.

Massachusetts has an opportunity to make its law speak clearly to every woman who walks into an abortion facility under duress: you are not required to be here. Please help H1662 pass.