14-02.1-04. Limitations on the performance of abortions - Penalty

14-02.1-04. Limitations on the performance of abortions - Penalty 1. An abortion may not be performed by any individual other than a physician who is using applicable medical standards and who is licensed to practice in this state. All physicians performing abortion procedures must have admitting privileges at a hospital located within thirty miles [42.28 kilometers] of the abortion facility and staff privileges to replace hospital on-staff physicians at that hospital. These privileges must include the abortion procedures the physician will be performing at abortion facilities. An abortion facility must have a staff member trained in cardiopulmonary resuscitation present at all times when the abortion facility is open and abortions are scheduled to be performed. 2. After the first twelve weeks of pregnancy but before the time at which the unborn child may reasonably be expected to have reached viability, an abortion may not be performed in any facility other than a licensed hospital. 3. An abortion facility may not perform an abortion on a woman without first offering the woman an opportunity to receive and view at the abortion facility or another facility an active ultrasound of her unborn child. The offer and opportunity to receive and view an ultrasound must occur at least twenty-four hours before the abortion is scheduled to be performed. The active ultrasound image must be of a quality consistent with standard medical practice in the community, contain the dimensions of the unborn child, and accurately portray the presence of external members and internal organs, including the heartbeat, if present or viewable, of the unborn child. The auscultation of the fetal heart tone must be of a quality consistent with standard medical practice in the community. The abortion facility shall document the woman's response to the offer, including the date and time of the offer and the woman's signature attesting to her informed decision. 4. A physician may not perform an abortion unless the physician has reviewed the educational information created under section 43-17-27.1 within two years before the performance of an abortion. This subsection does not apply in the case of a medical emergency. 5. Any physician who performs an abortion without complying with the provisions of this section is guilty of a class A misdemeanor. 6. It is a class B felony for any individual, other than a physician licensed under chapter 43-17, to perform an abortion in this state.