§ 36-2322 — Gestational limit on abortion; medical emergency exception; physician reports; confidentiality

A. Except in a medical emergency, a physician may not perform, induce or attempt to perform or induce an abortion unless the physician or the referring physician has first made a determination of the probable gestational age of the unborn human being and documented that gestational age in the maternal patient's chart and, if required, in a report required to be filed with the department as set forth in subsection C of this section. The determination of probable gestational age shall be made according to standard medical practices and techniques used in the medical community.

B. Except in a medical emergency, a physician may not intentionally or knowingly perform, induce or attempt to perform or induce an abortion if the probable gestational age of the unborn human being has been determined to be greater than fifteen weeks.

C. In every case in which a physician performs or induces an abortion on an unborn human being whose gestational age is greater than fifteen weeks, the physician, within fifteen days after the abortion, shall file with the department, on a form supplied by the department, a report containing all of the following:

1. The date the abortion was performed.

2. Specific method of abortion used.

3. The probable gestational age of the unborn human being and the method used to calculate gestational age.

4. A statement that the abortion was necessary because of a medical emergency.

5. The specific medical indications supporting the determination that a medical emergency existed.

6. The probable health consequences of the abortion.

7. The physician's signature as the physician's attestation under oath that the information stated is true and correct to the best of the physician's knowledge.

D. Reports required and submitted pursuant to subsection C of this section may not contain the name of the maternal patient on 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.