(a) Requirement.--Except in the case of a medical emergency which prevents compliance with this section, no abortion shall be performed or induced unless the referring physician or the physician performing or inducing it has first made a determination of the probable gestational age of the unborn child. In making such determination, the physician shall make such inquiries of the patient and perform or cause to be performed such medical examinations and tests as a prudent physician would consider necessary to make or perform in making an accurate diagnosis with respect to gestational age. The physician who performs or induces the abortion shall report the type of inquiries made and the type of examinations and tests utilized to determine the gestational age of the unborn child and the basis for the diagnosis with respect to gestational age on forms provided by the department.
(b) Penalty.--Failure of any physician to conform to any requirement of this section constitutes "unprofessional conduct" within the meaning of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or their successor acts. Upon a finding by the State Board of Medicine or the State Board of Osteopathic Medicine that any physician has failed to conform to any requirement of this section, the board shall not fail to suspend that physician's license for a period of at least three months. Intentional, knowing or reckless falsification of any report required under this section is a misdemeanor of the third degree.
(Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989, P.L.592, No.64, eff. 60 days)
Cross References. Section 3210 is referred to in sections 3211, 3214 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Section 3201 - Short title of chapter
Section 3202 - Legislative intent
Section 3204 - Medical consultation and judgment
Section 3205 - Informed consent
Section 3206 - Parental consent
Section 3207 - Abortion facilities
Section 3208 - Printed information
Section 3208.1 - Commonwealth interference prohibited
Section 3210 - Determination of gestational age
Section 3211 - Abortion on unborn child of 24 or more weeks gestational age
Section 3213 - Prohibited acts
Section 3215 - Publicly owned facilities; public officials and public funds
Section 3216 - Fetal experimentation
Section 3217 - Civil penalties
Section 3218 - Criminal penalties
Section 3219 - State Board of Medicine; State Board of Osteopathic Medicine