Proposed amendments
Agnes Loheni, in Committee, to move the following amendments:
Clause 5
In clause 5, new section 2, replace the definition of qualified health practitioner (page 4, lines 26 to 28) with:
qualified health practitioner, in relation to the provision of abortion services, means a health practitioner—
(a)
who is—
(i)
a medical practitioner; or
(iii)
a nurse practitioner authorised to practise in obstetric nursing; and
(b)
who is acting in accordance with the Health Practitioners Competence Assurance Act 2003
In clause 5, new section 2, insert in the appropriate alphabetical order:
specialist medical practitioner means—
(a)
a medical practitioner who is a practising obstetrician or gynaecologist; or
(b)
a medical practitioner who has other expertise that is relevant to the performance of abortion services, such as a general practitioner who has additional experience or qualifications in obstetrics
viability means the point in a pregnancy at which a medical practitioner reasonably believes that the fetus is capable of survival outside the body of the woman without extraordinary life-sustaining measures
In clause 5, new section 2, insert as subsection (2) (page 4, after line 32):
(2)
In this Act, the number of weeks pregnant are to be calculated from the first day of the woman’s last menstrual period.
Clause 7
In clause 7, replace new sections 10 and 11 (page 5, line 17 to page 6, line 1) with:
10 Provision of abortion services to women not more than 20 weeks pregnant
(1)
An abortion involving the ingestion of a drug or combination of drugs may be provided to a woman by a qualified health practitioner where, having examined the woman, he or she is of the reasonable belief formed in good faith that the pregnancy has not exceeded 9 weeks of pregnancy.
(2)
An abortion may be provided to a woman by a specialist medical practitioner with relevant expertise where, having examined the woman, he or she is of the reasonable belief formed in good faith that the pregnancy has not exceeded 20 weeks of pregnancy.
(3)
An abortion must not be carried out under this section unless the relevant health practitioner has certified his or her opinion as to the matter referred to in subsection (1) or (2).
11 Provision of abortion services to women more than 20 weeks pregnant
(1)
An abortion may be carried out on a woman who is more than 20 weeks pregnant only if two specialist medical practitioners, after examining the woman, have provided a certificate confirming that they have formed the reasonable belief in good faith that—
(a)
the woman is more than 20 weeks pregnant; and
(b)
there is a risk to the life, or of serious harm to the physical or mental health, of the woman; and
(c)
the fetus has not reached viability; and
(d)
it is appropriate to carry out the abortion in order to avert the risk referred to in paragraph (b).
(2)
The abortion referred to in subsection (1) must be carried out by one of the two specialist medical practitioners referred to in that subsection.