§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]
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. 11 HBJ 51 (1974).
Emergency Contraception in Religious Hospitals: The Struggle Between Religious Freedom and Personal Autonomy. 27 UH L. Rev. 65 (2004).
Case Notes
Fetus in last trimester was vested with all rights of human beings. 751 F. Supp. 168 (1990).
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