Delaware § 1790 Termination of pregnancy before viability not prohibited; termination of pregnancy after viability limited

Delaware Statutes

§ 1790 — Termination of pregnancy before viability not prohibited; termination of pregnancy after viability limited

Delaware § 1790

Title24

Ch. 17MEDICAL PRACTICE ACT

Subch.Termination of Human Pregnancy

This text of Delaware § 1790 (Termination of pregnancy before viability not prohibited; termination of pregnancy after viability limited) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 24, § 1790 (2026).

Text

(a)Any of the following may terminate, assist in the termination of, or attempt the termination of a human pregnancy before viability:

(1)A physician.

(2)A physician assistant with a collaborative agreement with an appropriately-trained physician.

(3)A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency including successful completion of a training or certification approved by the Board of Nursing.

(b)A physician may not terminate, attempt to terminate, or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth after viability, unless, in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman’s life or health or in the event of a fetal anom

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(a) Any of the following may terminate, assist in the termination of, or attempt the termination of a human pregnancy before viability:

(1) A physician.

(2) A physician assistant with a collaborative agreement with an appropriately-trained physician.

(3) A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency including successful completion of a training or certification approved by the Board of Nursing.

(b) A physician may not terminate, attempt to terminate, or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth after viability, unless, in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman’s life or health or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus’s sustained survival outside the uterus without extraordinary medical measures.

(c) A physician assistant or an advanced practice registered nurse may prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol.

Legislative History

24 Del. C. 1953, § 1790; 57 Del. Laws, c. 145, § 2 ; 57 Del. Laws, c. 235, §§ 1, 2 ; 58 Del. Laws, c. 511, § 55 ; 66 Del. Laws, c. 269, § 16 ; 70 Del. Laws, c. 149, § 211 ; 70 Del. Laws, c. 186, § 1 ; 81 Del. Laws, c. 35, § 2 ; 83 Del. Laws, c. 298, § 1 ; 83 Del. Laws, c. 327, § 1