CHAPTER 145

AN ACT TO AMEND CHAPTER 17 OF TITLE 24, DELAWARE CODE, RELATING TO LICENSURE TO PRACTICE MEDICINE AND SURGERY, THE TERMINATION OF HUMAN PREGNANCY, AND PENALTIES FOR VIOLATION OF THE SAID CHAPTER.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 24, Delaware Code, § 1741 (a) (2) is hereby amended to read as follows, viz.:

Conviction of a felony, including the termination of human pregnancy in violation of the provisions of subchapter VIII of this chapter.

Section 2. Title 24, Delaware Code, Chapter 17 is hereby amended by the addition at the end thereof a new Subchapter VIII as follows, viz.:

SUBCHAPTER VIII. TERMINATION OF

HUMAN PREGNANCY

§ 1790. (a) No person shall terminate or attempt to terminate or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth, except that a physician licensed by the State of Delaware may terminate a human pregnancy or aid or assist or attempt a termination of a human pregnancy if such procedure takes place in a hospital accredited by a nationally recognized medical or hospital accreditation authority, upon authorization therefor by a hospital abortion review authority appointed by such hospital, if one or more of the following conditions exist:

(1) continuation of the pregnancy is likely to result in the death of the mother;

(2) there is substantial risk of the birth of the child with grave and permanent physical deformity or mental retardation;

(3) the pregnancy resulted from

(A) incest, or

(B) a rape committed as a result of force or bodily harm or threat of force or bodily harm, and the Attorney General of this State has certified to the hospital abortion review authority in writing over his signature that there is probable cause to believe that the alleged rape did occur, except that during the first forty-eight hours after the alleged rape no certification by the Attorney General shall be required

(4) continuation of the pregnancy would involve substantial risk of permanent injury to the physical or mental health of the mother.

(b) In no event shall any physician terminate or attempt to terminate or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth unless:

(1) not more than twenty weeks of gestation have passed (except in the case of a termination pursuant to subsection (a) (1) or where the fetus is dead); and

(2) two physicians licensed by this State, one of whom may be the physician proposed to perform the abortion, certify to the abortion review authority of the hospital where such procedure is to be performed that they are of the opinion, formed in good faith, that one of the circumstances set forth in subsection (a) of this section exists (except that no such certification is necessary for the circumstances set forth in subsection (a) (3) (B) hereof).

(3) in the case of an unmarried female under the age of 19 or mentally ill or incompetent, there is filed with the hospital abortion review authority the written consent of such of the parents or guardians as are then residing in the same household with such consenting female, or if such consenting female does not reside in the same household with either of her parents or guardians, then with the written consent of one of her parents or guardians.

(c) The hospital abortion review authority of each hospital in which a procedure or procedures are performed pursuant to this section shall, on or before the first day of March in each year, file with the State Board of Health a written report of each such procedure performed pursuant to the authorization of such authority during the preceding calendar year setting forth grounds for each such authorization, but not including the names of patients aborted.

§ 1791. (a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy; and the refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability to any person nor a basis for any disciplinary or other recriminatory action against him.

(b) No hospital, hospital director or governing board shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person nor a basis for any disciplinary or other recriminatory action against it by the state or any person.

(c) The refusal of any person to submit to an abortion or to give consent therefor shall not be grounds for loss of any privileges or immunities to which such person would otherwise be entitled nor shall submission to an abortion or the granting of consent therefor be a condition precedent to the receipt of any public benefits.

§ 1792. No person shall, unless the termination of a human pregnancy has been authorized pursuant to the provision of § 1790 of this chapter:

(1) sell or give, or cause to be sold or given, any drug, medicine, preparation, instrument or device for the purpose of causing, inducing or obtaining a termination of such pregnancy; or

(2) give advice, counsel or information for the purpose of causing, inducing or obtaining a termination of such pregnancy;

Or

(3) knowingly assist or cause by any means whatsoever the obtaining or performing of a termination of such pregnancy.

Section 3. Title 24, Delaware Code, § 1766 is hereby amended to read as follows, viz.:

§ 1766. Violations and penalties

(a) Whoever practices or attempts to practice medicine, surgery or osteopathy within the State contrary to the provisions of this Chapter, other than Subchapter VIII hereof, shall be fined not less than $100 or more than $500 or imprisoned not more than one year.

(b) Whoever violates the provisions of Subchapter VIII of this chapter shall be fined not more than $5,000 and imprisoned not less than two nor more than ten years.

(c) The Attorney General of the State of Delaware or his deputies shall be charged with the responsibility for enforcement of the provisions of this chapter.

Section 3 (A). Chapter 17, Title 24, Delaware Code, is amended by adding a new Section 1793, to read as follows:

§ 1793. (a) No person shall be authorized to perform a termination of a human pregnancy within the State upon a female who has not been a resident of the State of Delaware for a period of at least 120 days next before the performance of an operative procedure for the termination of a human pregnancy.

(b) This section shall not apply to such female who is gainfully employed in the State of Delaware at the time of conception, or whose spouse is gainfully employed in the State of Delaware at the time of conception, or to such female who has been a patient, prior to conception, of a physician licensed by the State of Delaware, or to such female who is attempting to secure the termination of her pregnancy for the condition specified in § 1790 (a) (1) of this chapter.

Section 4. This Act shall become effective upon its approval by the Governor.

Approved June 17, 1969.