826.28 INFORMED CONSENT.
   (a)   Any surgical procedure performed in a facility shall be performed only with the advance informed written consent of the patient, given freely and without coercion.
   (b)   In order to ensure that consent in cases of pregnancy termination is truly informed, and is given without coercion, any termination procedure shall be performed only after the pregnant woman has acknowledged in writing that she has received all of the following information, visually, orally and in written form, and that she understands such information:
      (1)   That she is pregnant;
      (2)   The number of weeks elapsed from the probable time of conception, based upon information provided by her as to the time of her last menstrual period and upon an internal examination by her attending physician;
      (3)   Scientifically accurate photographs or reproductions thereof depicting the biological development of the unborn child and actual measurements during the various stages of gestation. The photographs or reproductions shown shall be determined by the Director of the Department of Welfare.
      (4)   That her unborn child or human embryo is alive and has a brain, spinal cord, nervous system and beating heart, if more than four weeks have elapsed from the time of conception;
      (5)   That her unborn child or human embryo has eyes, ears, a mouth, teeth, a tongue, a nose, arms, legs, fingers, toes, bones, muscles, skin and all internal organs, if more than seven weeks have elapsed from the time of conception;
      (6)   That her unborn child or human fetus has all his or her organs and body systems present, if more than eight weeks have elapsed from the time of conception;
      (7)   That her unborn child or human fetus is able to squint, frown, swallow, move his or her tongue and make a fist, and is sensitive to touch, if more than nine weeks have elapsed from the time of conception;
      (8)   That her unborn child or human fetus has all his or her organs and body systems functioning, if more than eleven weeks have elapsed from the time of conception;
      (9)   That her unborn child or human fetus has the capability of surviving outside of her womb, if more than twenty weeks have elapsed from the time of conception; and
      (10)   That abortion is a surgical procedure which can result in serious complications, including infection, hemorrhage, drug sensitivity, perforation of the uterus, incomplete abortion, continued pregnancy, removal of the uterus, menstrual disturbances, sterility, miscarriages, prematurity in subsequent pregnancies and death.
   (c)   The method of conveying such oral and written information to the patient shall be approved by the Director of the Department of Welfare.
   (d)   The written consent form signed by the patient shall contain all of the above-specified information and shall consist of a consent form supplied by the Director or supplied by the attending physician and approved by the Director. The attending physician performing the abortion shall provide the patient with a duplicate copy of the consent form signed by her.
   (e)   In all cases of pregnancy termination, there shall be a twenty-four hour waiting period between obtaining the informed consent of the patient and the actual performance of the termination procedure, unless the attending physician certifies in writing that the termination procedure is necessary as an emergency procedure to preserve the life of the pregnant woman.
(Ord. 1978-72. Passed 10-18-78.)