2011 New Mexico Statutes
Chapter 30: Criminal Offenses
Article 5: Abortion, 30-5-1 through 30-5-3
Section 30-5-1: Definitions.
As used in this article [30-5-1 NMSA 1978];
A. "pregnancy" means the implantation of an embryo in the uterus;
B. "accredited hospital" means one licensed by the health and social services department [public health division of the department of health];
C. "justified medical termination" means the intentional ending of the pregnancy of a woman at the request of said woman or if said woman is under the age of eighteen years, then at the request of said woman and her then living parent or guardian, by a physician licensed by the state of New Mexico using acceptable medical procedures in an accredited hospital upon written certification by the members of a special hospital board that:
(1) the continuation of the pregnancy, in their opinion, is likely to result in the death of the woman or the grave impairment of the physical or mental health of the woman; or
(2) the child probably will have a grave physical or mental defect; or
(3) the pregnancy resulted from rape, as defined in Sections 40A-9-2 through 40A-9-4 NMSA 1953. Under this paragraph, to justify a medical termination of the pregnancy, the woman must present to the special hospital board an affidavit that she has been raped and that the rape has been or will be reported to an appropriate law enforcement official; or
(4) the pregnancy resulted from incest;
D. "special hospital board" means a committee of two licensed physicians or their appointed alternates who are members of the medical staff at the accredited hospital where the proposed justified medical termination would be performed, and who meet for the purpose of determining the question of medical justification in an individual case, and maintain a written record of the proceedings and deliberations of such board.
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