(a) No pregnancy termination shall be performed unless the attending physician certifies in writing as a part of the patient's medical record that the unborn child is not viable, or unless such termination is necessary to preserve the life or health of the pregnant woman.
(b) (1) In order to ensure the safety and protection of the interests of viable unborn children and to guard against misdiagnosis, any pregnancy termination which involves a viable unborn child shall be performed only upon written certifications by the attending physician and one other physician that, in their best medical judgment, the pregnancy termination is necessary to prevent the death of the pregnant woman or to prevent a grave impairment to her health. Each physician shall further certify in writing the medical indications for such pregnancy termination and the probable health consequences if the pregnancy termination is not performed.
(2) Any pregnancy termination which involves a viable unborn child shall be performed in a manner which will preserve the life and health of both the mother and the unborn child. Such termination procedures shall provide the maximum opportunity for the survival of the child without creating undue risk to the life of the mother.
(c) An unborn child is presumed to be viable if more than twenty-two weeks have elapsed since the probable beginning of the last menstrual period of the pregnant woman, based upon information provided by her and upon an internal examination by her attending physician.
(d) In order to ensure the safety and protection of the pregnant woman, no pregnancy termination shall be performed if more than fourteen weeks have elapsed since the probable beginning of the last menstrual period of the pregnant woman, based upon information provided by her and upon an internal examination by her attending physician, unless one of the following conditions is satisfied:
(1) The facility is physically attached to a parent hospital which provides for in-patient care;
(2) The facility is physically adjacent to a hospital and has an agreement with such hospital to provide for in-patient care; or
(3) The facility has available on its premises resuscitation equipment, a blood bank, adequate equipment and personnel to perform surgical repair for any damage done to the cervix or other organs of the pregnant woman, and an operating area which complies with standard sterile medical procedures.
(Ord. 1978-72. Passed 10-18-78.)