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Mass. Governor’s Non-Cooperation Order as to Enforcement of Different States’ Abortion Legal guidelines


Simply issued yesterday; undecided how a lot sensible significance this may have, however I believed I would notice it:

[1.] No Help from Govt Division Businesses. Besides as required by the order of a court docket of competent jurisdiction, no government division company and no worker, appointee, officer, or different individual performing on behalf of any government division company could present any data or expend or use time, cash, services, property, gear, personnel or different assets in furtherance of any investigation or continuing initiated in or by one other State that seeks to impose civil or felony legal responsibility or skilled sanction upon an individual or entity for

[a.] [i.] the availability, securing, or receiving of, or any inquiry regarding reproductive well being care providers which might be authorized on this Commonwealth; or

[ii.] any help given to any individual or entity that pertains to the availability, securing, receiving of, or any inquiry regarding reproductive well being care providers which might be authorized on this Commonwealth.

This restriction shall not apply to any investigation or continuing the place the conduct that’s topic to potential legal responsibility below the investigation or continuing initiated in or by the opposite State can be topic to civil or felony legal responsibility or skilled sanction below the legal guidelines of the Commonwealth if dedicated on this Commonwealth. However the final prohibition of this part, companies and people performing on their behalf could present data or help in reference to such an investigation or continuing in response to the written request of an individual who’s the topic of such an investigation or continuing.

[2.] Safety of Well being Care and Different Professionals Licensed within the Commonwealth. The Commissioner of Public Well being and the Commissioner of Occupational Licensure are directed to work with the boards {of professional} licensure working below their respective supervision to implement insurance policies that can make sure that no individual shall be disqualified from licensure or topic to self-discipline by a Commonwealth board {of professional} licensure for offering or aiding within the provision of reproductive well being care providers or as a consequence of any judgment, self-discipline, or different sanction threatened or imposed below the legal guidelines of one other State as long as the providers as supplied would have been lawful and in line with requirements for good skilled follow within the Commonwealth.  The Commissioners shall report back to me on measures applied by the boards below their supervision inside 45 days of this Order.

[3.] Unavailability of Interstate Extradition. However the provisions of G. L. c. 276, §§ 11-20R, the Workplace of the Governor shall decline any request acquired from the manager authority of some other State to subject a warrant for the arrest or give up of any individual charged with a felony violation of a regulation of that different State the place the violation alleged entails the availability or receipt of or help with reproductive well being care providers until the acts forming the idea of the prosecution of the crime charged would additionally represent a felony offense below the legal guidelines of the Commonwealth. In keeping with the necessities of the US Structure, this limitation shall not apply within the circumstance the place the one who is the topic of the request for arrest or give up was bodily current within the requesting State on the time of the fee of the alleged offense and thereafter fled from that State.

[4.] Definitions. For the needs of this order, the phrases listed beneath shall have the next meanings:

“Reproductive well being care providers” consists of all medical, surgical, counseling, or referral providers referring to the human reproductive system, together with, however not restricted to, providers referring to being pregnant, contraception, or the termination of a being pregnant;

“Govt division” consists of the workplace of the Governor, any government workplace of the Commonwealth, as outlined by part 2 of chapter 6A of the Basic Legal guidelines, and any company, bureau, division, workplace, or division of the Commonwealth inside or reporting to such an government workplace of the Commonwealth.

Due to commenter Dr. Ed for the pointer.

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