§ 41-41-59. Violation of provisions as prima facie evidence of physician’s unprofessional conduct
If a physician performs an abortion in violation of the provisions of Sections 41-41-51 through 41-41-63 or fails to conform to any requirement of Sections 41-41-51 through 41-41-63, then his action shall be prima facie evidence of unprofessional conduct, subjecting him to action by the State Board of Medical Licensure.
§ 41-41-61. Confidentiality of records and information; penalty for disclosure
Records and information involving court proceedings conducted pursuant to Section 41-41-55 shall be confidential and shall not be disclosed other than to the minor, her attorney and necessary court personnel. Nothing in this subsection shall prohibit the keeping of statistical records and information as long as the anonymity of the minor is in no way […]
§ 41-41-63. Severability of provisions
If any provision, word, phrase or clause of Sections 41-41-51 through 41-41-63 or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions, words, phrases, clauses or application of Sections 41-41-51 through 41-41-63 which can be given effect without the invalid provision, word, phrase, clause or […]
§ 41-41-51. Definitions
For purposes of Sections 41-41-51 through 41-41-63, the following definitions shall apply: “Minor” means any person under the age of eighteen (18) years; “Emancipated minor” means any minor who is or has been married or has by court order or otherwise been freed from the care, custody and control of her parents; “Abortion” means the […]
§ 41-41-53. Requirement of written consent; petition for waiver
Except as otherwise provided in subsections (2) and (3) of this section, no person shall perform an abortion upon an unemancipated minor unless he or his agent first obtains the written consent of both parents or the legal guardian of the minor. If the minor’s parents are divorced or otherwise unmarried and living separate and […]
§ 41-41-55. Applicability of provisions; court proceedings; standards for waiver of consent requirement
The requirements and procedures under Sections 41-41-51 through 41-41-63 shall apply and are available to minors whether or not they are residents of this state. The minor may participate in proceedings in the court on her own behalf. The court shall advise her that she has a right to court-appointed counsel and shall provide her […]
§ 41-41-57. Exception for medical emergency
Sections 41-41-51 through 41-41-63 shall not apply when, in the best clinical judgment of the physician on the facts of the case before him, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion. A physician who does not comply with Sections 41-41-53 and 41-41-55 by reason of this exception […]