2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
3204 - Medical consultation and judgment.

     § 3204.  Medical consultation and judgment.
        (a)  Abortion prohibited; exceptions.--No abortion shall be
     performed except by a physician after either:
            (1)  he determines that, in his best clinical judgment,
        the abortion is necessary; or
            (2)  he receives what he reasonably believes to be a
        written statement signed by another physician, hereinafter
        called the "referring physician," certifying that in this
        referring physician's best clinical judgment the abortion is
        necessary.
        (b)  Requirements.--Except in a medical emergency where there
     is insufficient time before the abortion is performed, the woman
     upon whom the abortion is to be performed shall have a private
     medical consultation either with the physician who is to perform
     the abortion or with the referring physician. The consultation
     will be in a place, at a time and of a duration reasonably
     sufficient to enable the physician to determine whether, based
     on his best clinical judgment, the abortion is necessary.
        (c)  Factors.--In determining in accordance with subsection
     (a) or (b) whether an abortion is necessary, a physician's best
     clinical judgment may be exercised in the light of all factors
     (physical, emotional, psychological, familial and the woman's
     age) relevant to the well-being of the woman. No abortion which
     is sought solely because of the sex of the unborn child shall be
     deemed a necessary abortion.
        (d)  Penalty.--Any person who intentionally, knowingly or
     recklessly violates the provisions of this section commits a
     felony of the third degree, and any physician who violates the
     provisions of this section is guilty of "unprofessional conduct"
     and his license for the practice of medicine and surgery shall
     be subject to suspension or revocation in accordance with
     procedures provided under the act of October 5, 1978 (P.L.1109,
     No.261), known as the Osteopathic Medical Practice Act, the act
     of December 20, 1985 (P.L.457, No.112), known as the Medical
     Practice Act of 1985, or their successor acts.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days)

        1989 Amendment.  Act 64 amended subsecs. (c) and (d).
        Cross References.  Section 3204 is referred to in section
     3217 of this title.