36-2153

36-2153. Informed consent; requirements;
information; violation; civil relief; statute of limitations

A. An abortion shall not be performed or induced without the voluntary and informed
consent of the woman on whom the abortion is to be performed or induced. Except in the
case of a medical emergency, consent to an abortion is voluntary and informed only if all
of the following are true:

1. At least twenty-four hours before the abortion, the physician who is to perform
the abortion or the referring physician has informed the woman, orally and in person, of:

(a) The name of the physician who will perform the abortion.

(b) The nature of the proposed procedure or treatment.

(c) The immediate and long-term medical risks associated with the procedure that a
reasonable patient would consider material to the decision of whether or not to undergo
the abortion.

(d) Alternatives to the procedure or treatment that a reasonable patient would
consider material to the decision of whether or not to undergo the abortion.

(e) The probable gestational age of the unborn child at the time the abortion is to
be performed.

(f) The probable anatomical and physiological characteristics of the unborn child
at the time the abortion is to be performed.

(g) The medical risks associated with carrying the child to term.

2. At least twenty-four hours before the abortion, the physician who is to perform
the abortion, the referring physician or a qualified physician, physician assistant,
nurse, psychologist or licensed behavioral health professional to whom the responsibility
has been delegated by either physician has informed the woman, orally and in person,
that:

(a) Medical assistance benefits may be available for prenatal care, childbirth and
neonatal care.

(b) The father of the unborn child is liable to assist in the support of the child,
even if he has offered to pay for the abortion. In the case of rape or incest, this
information may be omitted.

(c) Public and private agencies and services are available to assist the woman
during her pregnancy and after the birth of her child if she chooses not to have an
abortion, whether she chooses to keep the child or place the child for adoption.

(d) It is unlawful for any person to coerce a woman to undergo an abortion.

(e) The woman is free to withhold or withdraw her consent to the abortion at any
time without affecting her right to future care or treatment and without the loss of any
state or federally funded benefits to which she might otherwise be entitled.

3. The information in paragraphs 1 and 2 of this subsection is provided to the
woman individually and in a private room to protect her privacy and to ensure that the
information focuses on her individual circumstances and that she has adequate opportunity
to ask questions.

4. The woman certifies in writing before the abortion that the information required
to be provided pursuant to paragraphs 1 and 2 of this subsection has been provided.

B. If a medical emergency compels the performance of an abortion, the physician
shall inform the woman, before the abortion if possible, of the medical indications
supporting the physician's judgment that an abortion is necessary to avert the woman's
death or to avert substantial and irreversible impairment of a major bodily function.

C. An individual who is not a physician shall not perform a surgical abortion.

D. A person shall not write or communicate a prescription for a drug or drugs to
induce an abortion or require or obtain payment for a service provided to a patient who
has inquired about an abortion or scheduled an abortion until the expiration of the
twenty-four hour reflection period required by subsection A.

E. A person shall not intimidate or coerce in any way any person to obtain an
abortion. A parent, guardian or any other person shall not coerce a minor to obtain an
abortion. If a minor is denied financial support by the minor's parents, guardians or
custodian due to the minor's refusal to have an abortion performed, the minor is deemed
emancipated for the purposes of eligibility for public assistance benefits, except that
the emancipated minor may not use these benefits to obtain an abortion.

F. A physician who knowingly violates this section commits an act of unprofessional
conduct and is subject to license suspension or revocation pursuant to title 32, chapter
13 or 17.

G. In addition to other remedies available under the common or statutory law of
this state, any of the following may file a civil action to obtain appropriate relief for
a violation of this section:

1. A woman on whom an abortion has been performed without her informed consent as
required by this section.

2. The father of the unborn child if married to the mother at the time she received
the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct.

3. The maternal grandparents of the unborn child if the mother was not at least
eighteen years of age at the time of the abortion, unless the pregnancy resulted from the
plaintiff's criminal conduct.

H. A civil action filed pursuant to subsection G shall be brought in the superior
court in the county in which the woman on whom the abortion was performed resides and may
be based on a claim that failure to obtain informed consent was a result of simple
negligence, gross negligence, wantonness, wilfulness, intention or any other legal
standard of care. Relief pursuant to subsection G includes the following:

1. Money damages for all psychological, emotional and physical injuries resulting
from the violation of this section.

2. Statutory damages in an amount equal to five thousand dollars or three times the
cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

I. A civil action brought pursuant to this section must be initiated within six
years after the violation occurred.