§453-16  Intentional termination ofpregnancy; penalties; refusal to perform.  (a)  No abortion shall beperformed in this State unless:

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

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

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

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

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

(e)  Nothing in this section shall require anyhospital or any person to participate in an abortion nor shall any hospital orany person be liable for a refusal. [L 1970, c 1, §2; am L 2006, c 35, §2; am L2008, 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 notenforceable during the first trimester of pregnancy; subsection (a)(3) isunconstitutional and invalid.  Att. Gen. Op. 74-17.

 

Law Journals and Reviews

 

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

  Emergency Contraception in Religious Hospitals:  The StruggleBetween 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 humanbeings.  751 F. Supp. 168.