§ 29.36. Medical consultation and judgment.
(a) Abortion prohibited; exceptions. An abortion may not be performed except by a physician after either one of the following:
(1) He determines that, in his best clinical judgment, the abortion is necessary.
(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 subsections (a) and (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.
Cross References This section cited in 28 Pa. Code § 29.38 (relating to reports).
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