The path to a law requiring women seeking an abortion to be fully informed and made aware of alternatives to abortion was long and painful. The first attempt was in the latter part of the 29th Guam Legislature after a bill banning partial birth abortion was signed into law.
*"clandestinely" because the speaker never called for the vote required to substitute a bill on the floor.
(5) Prior to the abortion, the woman certifies in writing on a
checklist certification provided by the Department that the information
required to be provided under Subsections (b)(l), (b)(2) and (b)(3) of
this § 3218.1 has been provided. All physicians who perform abortions
shall report the total number of certifications received monthly to the
Records Section. The Records Section shall make the number of
certifications received available to the public on an annual basis.
Go here to download a copy of the 2014 Abortion Report.
Read Rohr's entire communication with Guam Medical Records here.
In answer to those who have asked about the criminal penalties for non-compliance with the informed consent law, the law provides the following:
(f) Criminal Penalties. Any person who intentionally, knowingly, or
recklessly violates this Act is guilty of a misdemeanor.
(g) Civil and Administrative Claims. In addition to whatever remedies
are available under the common law or statutory laws of Guam, failure to
comply with the requirements of this Act shall:
(1) in the case of an intentional violation of the Act, constitute
prima facie evidence of a failure to obtain informed consent. When
requested, the court shall allow a woman upon whom an abortion was
performed or attempted to be performed allegedly in violation of this
Act to be identified in any action brought pursuant to this Act using
solely her initials or the pseudonym “Jane Doe.” Further, with or
without a request, the court may close any proceedings in the case from
public attendance, and the court may enter other protective orders in its
discretion to preserve the privacy of the woman upon whom the
abortion was performed or attempted to be performed allegedly in
violation of this Act.
(2) Provide a basis for professional disciplinary action under 10GCA § 11110. (Medical Malpractice Reform Act of 1975)
(3) Provide a basis for recovery for the woman for the wrongfulWe will be watching to see if any of these penalties are enforced, however, we make a special call to Governor Calvo to see to this law's enforcement since the implementation of an informed consent for abortion law was an effort he shepherded into being both as a senator and as a governor over a period of 6 years, from 2008 to 2014.
death of her unborn child under Title 7 GCA § 12109, whether or not
the unborn child was born alive or was viable at the time the abortion
was performed. (Wrongful Death of Adults or Certain Minors)
We will be updating you.
The next legislative effort by The Esperansa Project will be to revisit "THE UNBORN CHILD PROTECTION ACT OF 2011", otherwise known as the Fetal Pain bill and would ban procedures like this one:
Legislation ensures abortion providers follow rules - KUAM