§453-16  Intentional termination of
pregnancy; penalties; refusal to perform.  (a)  No abortion shall be
performed in this State unless:



(1)  The abortion is performed by a licensed physician
or surgeon, or by a licensed osteopathic physician and surgeon; and



(2)  The abortion is performed in a hospital licensed
by the department of health or operated by the federal government or an agency
thereof, or in a clinic or physician's or osteopathic physician's office.



(b)  Abortion shall mean an operation to intentionally
terminate the pregnancy of a nonviable fetus.  The termination of a pregnancy
of a viable fetus is not included in this section.



(c)  The State shall not deny or interfere with
a female's right to choose or obtain an abortion of a nonviable fetus or an
abortion that is necessary to protect the life or health of the female.



(d)  Any person who knowingly violates
subsection (a) shall be fined not more than $1,000 or imprisoned not more than
five years, or both.



(e)  Nothing in this section shall require any
hospital or any person to participate in an abortion nor shall any hospital or
any person be liable for a refusal. [L 1970, c 1, §2; am L 2006, c 35, §2; am L
2008, c 5, §18]



 



Revision Note



 



  In subsection (b), "section" substituted for
"Act".



 



Attorney General Opinions



 



  Constitutionality of residence requirement discussed.  Att.
Gen. Op. 70-2.



  The hospital requirement of subsection (a)(2) is not
enforceable during the first trimester of pregnancy; subsection (a)(3) is
unconstitutional and invalid.  Att. Gen. Op. 74-17.



 



Law Journals and Reviews



 



  The Abortion Decision and Evolving Limits on State
Intervention, Douglas MacDougal and Wayne P. Nasser, 11 HBJ 51.



  Emergency Contraception in Religious Hospitals:  The Struggle
Between Religious Freedom and Personal Autonomy.  27 UH L. Rev. 65.



Case Notes



 



  On validity of abortion statutes, see Roe v. Wade, 410 U.S.
113, and Doe v. Bolton, 410 U.S. 179.



  Fetus in last trimester was vested with all rights of human
beings.  751 F. Supp. 168.