§ 20-16-2004 — Abortion limited to 18 weeks' gestation

(a) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement, a person shall not perform, induce, or attempt to perform or induce an abortion unless the physician or referring physician has: (1) Made a determination of the probable gestational age of the unborn human being according to standard medical practices and techniques used in the medical community; and (2) Documented the probable gestational age in the medical records of the pregnant woman and, if required, in a report with the Department of Health as described in subsection (c) of this section. (b) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being is determined to be greater than eighteen (18) weeks' gestation. (c) (1) If a physician performs or induces an abortion on an unborn human being whose gestational age is greater than eighteen (18) weeks, the physician shall file a report with the department within fifteen (15) days of the abortion. (2) The report described in subdivision (c)(1) of this section shall contain: (A) The date that the abortion was performed; (B) The specific method used for the abortion; (C) The probable gestational age of the unborn human being and the method used to calculate gestational age; (D) A statement declaring that the abortion was necessitated by a medical emergency; (E) The specific medical indications supporting the abortion and medical emergency; (F) The probable health consequences of the abortion and of the specific method used; and (G) The signature of the physician attesting that the information stated is true and correct to the best of his or her knowledge. (3) A report made under this subsection shall not contain the name of the pregnant woman upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion. (d) The physician or abortion facility shall: (1) File the documentation that a crime has been reported to law enforcement in the pregnant woman's medical record; and (2) Report to the department the number of abortions performed because of rape or incest.

Legislative History

Amended by Act 2021, No. 787,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 787,§ 7, eff. 7/28/2021. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.