physicians - Confirmation of receipt of medical risk information. A. No abortion shall be performed in this state except with the voluntary and informed consent of the woman upon whom the abortion is to be performed. B. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if: 1. a. not less than seventy-two (72) hours prior to the performance of the abortion, the woman is told the following, by telephone or in person, by the physician who is to perform the abortion, or by a referring physician, or by an agent of either physician: (1) the name of the physician who will perform the abortion, (2) the medical risks associated with the particular abortion procedure to be employed, (3) the probable gestational age of the unborn child at the time the abortion is to be performed, (4) the medical risks associated with carrying her child to term, and (5) that ultrasound imaging and heart tone monitoring that enable the pregnant woman to view her unborn child or listen to the heartbeat of the unborn child are available to the pregnant woman. The physician or agent of the physician shall inform the pregnant woman that the website and printed materials described in Section 1-738.3 of this title, contain phone numbers and addresses for facilities that offer such services at no cost, b. the information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the woman. If the information is supplied by telephone, the information shall be based on facts supplied to the physician, c. the information required by this paragraph shall not be provided by a tape recording, but shall be provided during a consultation in which the physician is able to ask questions of the woman and the woman is able to ask questions of the physician, d. if a physical examination, tests, or other new information subsequently indicates, in the medical judgment of the physician, the need for a revision of the information previously supplied to the woman, that revised information may be communicated to the woman at any time prior to the performance of the abortion, and e. nothing in subparagraph a of this paragraph may be construed to preclude provision of the required information in a language understood by the woman through a translator; 2. Not less than seventy-two (72) hours prior to the abortion, the woman is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by an agent of either physician: a. that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, b. that the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion, c. that: (1) she has the option to review the printed materials described in Section 1-738.3 of this title, (2) those materials have been provided by the State Board of Medical Licensure and Supervision, and (3) they describe the unborn child and list agencies that offer alternatives to abortion, and d. (1) if the woman chooses to exercise her option to view the materials in a printed form, they shall be mailed to her, by a method chosen by the woman, or (2) if the woman chooses to exercise her option to view the materials via the Internet, the woman shall be informed at least seventy-two (72) hours before the abortion of the specific address of the Internet website where the material can be accessed. The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the woman does or does not choose to review the printed materials; 3. The woman certifies in writing, prior to the abortion, that she has been told the information described in subparagraph a of paragraph 1 of this subsection and in subparagraphs a, b and c of paragraph 2 of this subsection and that she has been informed of her option to review or reject the printed information described in Section 1-738.3 of this title; and 4. Prior to the abortion, the physician who is to perform the abortion or the agent of the physician receives a copy of the written certification prescribed by paragraph 3 of this subsection. C. The State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners shall promulgate rules to ensure that physicians who perform abortions and referring physicians or agents of either physician comply with all the requirements of this section. D. Before the abortion procedure is performed, the physician shall confirm with the patient that she has received information regarding: 1. The medical risks associated with the particular abortion procedure to be employed; 2. The probable gestational age of the unborn child at the time the abortion is to be performed; and 3. The medical risks associated with carrying the unborn child to term. Added by Laws 2005, c. 200, § 7, emerg. eff. May 20, 2005. Amended by Laws 2006, c. 185, § 3, eff. Nov. 1, 2006; Laws 2015, c. 255, § 1, eff. Nov. 1, 2015. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
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