It shall be unlawful to willfully perform an abortion unless the abortion is performed:
(1) by a physician licensed to practice medicine pursuant to chapter 147, or a physician in training under the supervision of a licensed physician;
(2) in a hospital or abortion facility if the abortion is performed after the first trimester;
(3) in a manner consistent with the lawful rules promulgated by the state commissioner of health; and
(4) with the consent of the woman submitting to the abortion after a full explanation of the procedure and effect of the abortion.
It shall be unlawful to perform an abortion upon a woman who is unconscious except if the woman has been rendered unconscious for the purpose of having an abortion or if the abortion is necessary to save the life of the woman.
It shall be unlawful to perform an abortion when the fetus is potentially viable unless:
(1) the abortion is performed in a hospital;
(2) the attending physician certifies in writing that in the physician's best medical judgment the abortion is necessary to preserve the life or health of the pregnant woman; and
(3) to the extent consistent with sound medical practice the abortion is performed under circumstances which will reasonably assure the live birth and survival of the fetus.
A person who performs an abortion in violation of this section is guilty of a felony.
NOTE: Subdivisions 2 and 3, clauses (2) and (3), were found unconstitutional in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976).
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