DELAWARE. Delaware Code
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Title
11. Crimes and Criminal Procedure.
Part
1.
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Chapter
5. Specific Offenses
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§
632. Manslaughter; class B felony.
A
person is guilty of manslaughter when:
(1)
The person recklessly causes the death of another person; or
(2)
With intent to cause serious physical injury to another person the person
causes the death of such person, employing means which would to a reasonable
person in the defendant's situation, knowing the facts known to the defendant,
seem likely to cause death; or
(3)
The person intentionally causes the death of another person under circumstances
which do not constitute murder because the person acts under the influence of
extreme emotional disturbance; or
(4)
The person commits upon a female an abortion which causes her death, unless
such abortion is a therapeutic abortion and the death is not the result of
reckless conduct; or
(5)
The person intentionally causes another person to commit suicide.
Manslaughter
is a class B felony.
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§
651. Abortion; class F felony. (This provision has been held to be
unconstitutional and unenforceable)
A
person is guilty of abortion when the person commits upon a pregnant female an
abortion which causes the miscarriage of the female, unless the abortion is a
therapeutic abortion.
Abortion
is a class F felony.
§
652. Self-abortion; class A misdemeanor. (This provision has been held to be unconstitutional and unenforceable)
A
female is guilty of self-abortion when she, being pregnant, commits or submits
to an abortion upon herself which causes her abortion, unless the abortion is a
therapeutic abortion.
Self-abortion
is a class A misdemeanor.
§
653. Issuing abortional articles; class B misdemeanor. (This
provision has been held to be unconstitutional and unenforceable)
A
person is guilty of issuing abortional articles when the person manufactures,
sells or delivers any instrument, article, medicine, drug or substance with
intent that the same be used in committing an abortion upon a female in
circumstances which would constitute a crime defined by this Criminal
Code.
Issuing
abortional articles is a class B misdemeanor.
§
654. "Abortion" defined.
"Abortion"
means an act committed upon or with respect to a female, whether by another
person or by the female herself, whether directly upon her body or by the
administering, taking or prescription of drugs or in any other manner, with
intent to cause a miscarriage of such female.
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§
710. Minors' consent to diagnostic and lawful therapeutic procedures relating
to care and treatment for pregnancy or contagious diseases.
(a)
A minor 12 years of age or over who professes to be either pregnant or
afflicted with contagious, infectious or communicable diseases within the
meaning of Chapters 5 and 7 of Title 16, or who professes to be exposed to the
chance of becoming pregnant, may give written consent, except to abortion, to
any licensed physician, hospital or public clinic for any diagnostic,
preventive, lawful therapeutic procedures, medical or surgical care and
treatment, including X rays, by any physician licensed for the practice of
medicine or surgery or osteopathic medicine or surgery in this State and by any
hospital or public clinic, their qualified employees or agents while acting
within the scope of their employment.
(b)
Consent so given by a minor 12 years of age or over shall, notwithstanding his
or her minority, be valid and legally effective for all purposes, regardless of
whether such minor's profession of pregnancy or contagious disease is
subsequently medically confirmed, and shall be binding upon such minor, his or
her parents, legal guardians, spouse, heirs, executors and administrators as
effectively as if the minor were of full legal age at the time of giving of the
consent. A minor giving the consent shall be deemed to have the same legal
capacity to act and the same legal obligations with regard to giving consent as
if the minor were of full legal age. Consent so given shall not be subject to
later disaffirmance by reason of such minority; and the consent of no other person
or court shall be necessary for the performance of the diagnostic and lawful
therapeutic procedures, medical or surgical care and treatment rendered such
minor.
(c)
The physician licensed for the practice of medicine or surgery or hospital to
whom such consent shall be given may, in the sole exercise of his, her or its
discretion, either provide or withhold from the parents or legal guardian or
spouse of such minor such information as to diagnosis, therapeutic procedures,
care and treatment rendered or to be rendered the minor as such physician,
surgeon or hospital deems to be advisable under the circumstances, having
primary regard for the interests of the minor.
(d)
The parents, legal guardian or spouse of a consenting minor shall not be liable
for payment for diagnostic and lawful therapeutic procedures performed, medical
or surgical care or treatment rendered or hospital confinement pursuant to this
section.
(e)
Notice of intention to perform any operation otherwise permitted under this section
shall be given the parents or legal guardian of such minor at their last known
address, if available, by telegram sent at time of diagnosis by the surgeon
designated to perform such operation; provided, that such operation may proceed
forthwith after diagnosis if there is reason to believe that delay would
endanger the life of such minor or there is a reasonable probability of
irreparable injury.
(f)
Nothing contained in this section shall be construed to relieve any licensed
physician, hospital or public clinic, their agents or employees, from liability
for their negligence in the diagnosis, care and treatment rendered such minor.
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Title
24. Professions and Occupations.
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Chapter
17. Medical Practices Act
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§
1766. Penalties. (These
provisions have been held to be unconstitutional and unenforceable.)
(a)
Whoever practices or attempts to practice medicine, surgery or osteopathy
within the State contrary to this chapter, except as in subchapter II of
Chapter 27 of Title 16, shall be fined not less than $100 or more than $500 or
imprisoned not more than 1 year.
(b) Whoever shall terminate or attempt to
terminate or assist in the termination of a human pregnancy otherwise than by
birth, except in accordance with subchapter II of Chapter 27 of Title 16, shall
be guilty of a felony and shall be fined not more than $5,0000 and imprisoned
not less than 2 nor more than 10 years.
(c) The Attorney General of this State or the
Attorney General’s deputies shall be charged with the responsibility for
enforcement of this chapter.
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§
1780. Short title.
This
subchapter shall be known and may be cited as the Parental Notice of Abortion
Act.
§
1781. Legislative purpose and findings.
(a)
The General Assembly of the State finds as fact that:
(1)
Immature minors often lack the ability to make fully informed choices that take
into account both immediate and long-range consequences;
(2)
The physical, emotional, and psychological consequences of teen pregnancy are
serious and can be lasting, particularly when the patient is immature;
(3)
The capacity to become pregnant and the capacity for mature judgment concerning
how to choose among the alternatives for managing that pregnancy are not
necessarily related;
(4)
Parents ordinarily possess information essential to enable a physician to
exercise the physician's best medical judgment concerning the child;
(5)
Parents who are aware that their minor daughter has had an abortion can ensure
that she receives adequate medical attention after the abortion;
(6)
Parental consultation is usually desirable and in the best interest of their
minor children and parents ordinarily act in the best interest of their minor
children; and
(7)
Parental involvement legislation enacted in other states has been shown to have
significant impact in reducing abortion, birth and pregnancy rates among
minors.
(b)
It is the intent of the General Assembly of the State in enacting this parental
notice provision to further the important and compelling State interests
of:
(1)
Protecting minors against their own immaturity;
(2)
Fostering the family structure and preserving it as a viable social unit;
(3)
Protecting the rights of parents to rear children who are members of their
household; and
(4)
Protecting the health and safety of minor children.
§
1782. Definitions.
For
purposes of this subchapter, the following definitions will apply.
(a)
"Minor" means a female person under the age of 16.
(b)
"Emancipated minor" means any minor female who is or has been married
or has, by court order or otherwise, been freed from the care, custody and
control of her parents or any other legal guardian.
(c)
"Abortion" means the use of any instrument, medicine, drug or any
other substance or device to terminate the pregnancy of a woman known to be
pregnant, with an intention other than to increase the probability of a live
birth, to preserve the life or health of the child after live birth, or to
remove a dead fetus.
(d)
"Medical emergency" means that condition which, on the basis of the
physician or other medically authorized person's good faith clinical judgment,
so complicates the medical condition of the pregnant minor as to necessitate
the immediate abortion of her pregnancy to avert her death or for which delay
will create serious risk of substantial and irreversible impairment of a major
bodily function.
(e)
"Coercion" means restraining or dominating the choice of a minor
female by force, threat of force, or deprivation of food and shelter.
(f)
"Licensed mental health professional" means a person licensed under
the Division of Professional Regulation of the State as a:
(i)
Psychiatrist;
(ii)
Psychologist; or
(iii)
Licensed professional counselor of mental health.
§
1783. Notice required.
No
physician or other medically authorized person shall perform an abortion upon
an unemancipated minor until complying with the following notification
provisions:
(a)
No physician or other medically authorized person shall perform an abortion
upon an unemancipated minor unless the physician, medically authorized person,
or an agent of the physician or of the medically authorized person has given at
least 24 hours actual notice to one or both parents (either custodial or
non-custodial), a grandparent, a licensed mental health professional (who shall
not be an employee or under contract to an abortion provider except employees
or contractors of an acute care hospital) or to the legal guardian of the
pregnant minor of the intention to perform the abortion, or unless the
physician, medically authorized person, or an agent of the physician or of the
medically authorized person has received a written statement or oral
communication from another physician or medically authorized person,
hereinafter called the "referring physician or medically authorized
person," certifying that the referring physician or medically authorized
person has given such notice. If the person contacted pursuant to this
subsection is not the parent or guardian, the person so contacted must explain
to the minor the options available to her include adoption, abortion and
full-term pregnancy, and must agree that it is in the best interest of the
minor that a waiver of the parental notice requirement be granted. Any licensed
mental health professional so contacted shall certify that the professional has
performed an assessment of the specific factors and circumstances of the minor subject
to the evaluation including but not limited to the age and family circumstances
of the minor and the long-term and short-term consequences to the minor of
termination or continuation of the pregnancy.
(ii)
Nothing in this section shall affect the obligations of a person pursuant to
other provisions of this Code to report instances of child abuse to the
appropriate government agencies.
(b)
A minor may petition the Family Court ("Court") of any county of this
State for a waiver of the notice requirement of this section pursuant to the
procedures of § 1784 of this title. A physician who has received a copy of a
court order granting a waiver application under § 1784 of this title shall not,
at any time, give notice of the minor's abortion to any person without the
minor's written permission.
§
1784. Application for waiver of parental notice requirement; grounds;
timeliness of decision; notice of decision; appeals; costs.
(a)
The Court shall consider waiving the notice requirement of § 1783 of this title
upon the proper application of a minor. The application shall be in writing,
signed by the minor, and verified by her oath or affirmation before a person
authorized to perform notarial acts. It shall designate:
(1)
The minor's name and residence address;
(2)
A mailing address where the Court's order may be sent and a telephone number
where messages for the minor may be left;
(3)
That the minor is pregnant;
(4)
That the minor desires to obtain an abortion;
(5)
Each person for whom the notice requirement is sought to be waived; and
(6)
The particular facts and circumstances which indicate that the minor is mature
and well-informed enough to make the abortion decision on her own and/or that
it is in the best interest of the minor that notification pursuant to § 1783 of
this title be waived.
(b)
The Court, by a judge, shall grant the written application for a waiver if the
facts recited in the application establish that the minor is mature and
well-informed enough to make the abortion decision on her own or that it is in
the best interest of the minor that notification pursuant to § 1783 of this
title be waived. The Court shall presume that married parents not separated and
grandparents are complete confidants, such that, on application to waive the
notice requirement as to either, grounds to waive the notice requirement as to
one parent or grandparent shall constitute grounds to waive the notice
requirement as to the spouse thereof.
(c)
If the Court fails to rule within 5 calendar days of the time of the filing of
the written application, the application shall be deemed granted; in which
case, on the 6th day, the Court shall issue an order stating that the
application is deemed granted.
(d)
The Court shall mail 3 copies of any order to the mailing address identified in
the application on the day the order issues, shall attempt to notify the minor
by telephone on the day the order issues, and if so requested, shall make
copies of the order available at Court chambers for the minor.
(e)
An expedited appeal to the Supreme Court shall be available to any minor whose
petition is denied by a judge of the Family Court. Notice of intent to appeal
shall be given within 2 days of the receipt of actual notice of the denial of
the petition. The Supreme Court shall advise the minor that she has a right to
court-appointed counsel and shall provide her with such counsel upon request,
at no cost to the minor. The Supreme Court shall expedite proceedings to the
extent necessary and appropriate under the circumstances. The Supreme Court
shall notify the minor of its decision consistent with subsection (d) of this
section.
(f)
No court shall assess any fee or cost upon a minor for any proceeding under
this section.
(g)
Each court shall provide by rule for the confidentiality of proceedings under
this subchapter, but shall continue to initiate investigations into any allegations
of past abuse where otherwise appropriate, without disclosing that an
application under this subchapter was the source of the information prompting
the investigation.
§
1785. Short form of affidavit and application for waiver of parental notice
requirement.
The
following shall be sufficient form of affidavit and application for waiver of
parental notice requirement under this subchapter:
IN
THE FAMILY COURT OF THE STATE OF
IN
AND FOR (NAME OF COUNTY) COUNTY
IN THE MATTER OF: ) AFFIDAVIT
AND ) APPLICATION FOR
(NAME OF MINOR APPLICANT), ) WAIVER OF NOTICE
) OF
) ABORTION
STATE OF
) SS.
BE IT REMEMBERED that on this ________ day of ________ , A.D. ________
before me, (name of person authorized to perform notarial acts), personally
appeared (name of minor applicant/affiant) who, being by me duly sworn or
affirmed, depose and say:
(1) That the minor applicant resides at (minor's address);
(2) That the Court may send its order to (mailing address designated by
applicant minor) and leave telephone messages for the applicant minor at (phone
number designated by applicant minor);
(3) That the minor applicant is pregnant;
(4) That the minor applicant desires to obtain an abortion;
(5) That the minor applicant desires that the Court waive the notice
requirement of § 1783 of Title 24;
(6) That the minor applicant believes that she is mature and well-informed
enough to make the abortion decision on her own and/or it would be in her best
interest that a waiver of notice be granted because (state reasons why mature
and well-informed enough and/or waiver of notice is in best interest based upon
the applicant's age and family circumstances and the long-term and short-term
consequences to the applicant of termination or continuation of the pregnancy).
WHEREFORE, this minor applicant intends to
submit this affidavit and application for waiver of notice of abortion to the
Family Court, and pray that an order be issued waiving the notification
requirement of § 1783 of Title 24 as to the following persons: (identify each
such person).
___________________________________________________________________
Minor applicant/affiant
SWORN TO or affirmed and subscribed before me
by the minor applicant/affiant this ________ day of ________ , A.D.
________ .
___________________________________________________________________
(Notary)
§
1786. Coercion prohibited.
No
parent, guardian, or other person shall coerce a minor to undergo an abortion
or to continue a pregnancy. Any minor who is threatened with such coercion may
apply to a court of competent jurisdiction for relief. The court shall provide
the minor with counsel, give the matter expedited consideration, and grant such
relief as may be necessary to prevent such coercion. Should a minor be denied
the financial support of her parents or legal guardian by reason of her refusal
to undergo abortion or to continue a pregnancy, she shall be considered
emancipated for purposes of
§
1787. Medical emergency exception.
The
requirements of § 1783, § 1784 and § 1786 of this title shall not apply when,
in the best medical judgment of the physician or other medically authorized
person, based on the facts of the case, a medical emergency exists that so
complicates the pregnancy as to require an immediate abortion.
§
1788. Counseling to affected persons.
The
Division of Child Mental Health Services, Department of Services for Children,
Youth and Their Families, shall offer counseling and support to any minor who
is pregnant and is considering filing or has filed an application under this subchapter,
if the minor requests such services. Notwithstanding any contrary statute, no
notification of the request for or provision of such services to the minor
shall be provided to any person, nor shall the consent of any person thereto be
required.
§
1789. Penalty and criminal jurisdiction.
(a)
Any person who intentionally performs an abortion with knowledge that, or with
reckless disregard as to whether, the person upon whom the abortion has been performed
is an unemancipated minor, and who intentionally or knowingly fails to conform
to any requirement of this subchapter, shall be guilty of a class A
misdemeanor.
(b)
The Superior Court shall have exclusive jurisdiction of violations of this section.
§
1789A. Notice and avoidance of liability.
In
any prosecution pursuant to § 1789 of this title, the State shall prove beyond
a reasonable doubt that the physician (or other medically authorized person)
who performed the abortion did not have a good faith belief on that physician's
part that actual notice was given by such physician (or other medically
authorized person), that physician's agent, or the referring physician or
another medically authorized person to a person listed in § 1783(a) of this
title as qualified to receive notice. In any civil case, the plaintiff must
prove the absence of such a good faith belief by clear and convincing
evidence.
§
1789B. Civil damages available.
Failure
to give notice pursuant to the requirements of this subchapter is prima facie
evidence of interference with family relations in appropriate civil actions.
The law of this State shall not be construed to preclude the award of punitive
damages in any civil action relevant to violations of this subchapter. Nothing
in this subchapter shall be construed to limit the common law rights of
parents.
Subchapter
IX. Termination of Human Pregnancy
§
1790. Limitation on termination of human pregnancy; annual report. (This
provision has been held to be unconstitutional and unenforceable)
(a)
No person shall terminate or attempt to terminate or assist in the termination
or attempt at termination of a human pregnancy otherwise than by birth, except
that a physician licensed by this State may terminate a human pregnancy or aid
or assist or attempt a termination of a human pregnancy if such procedure takes
place in a hospital accredited by a nationally recognized medical or hospital
accreditation authority, upon authorization by a hospital abortion review
authority appointed by the hospital if 1 or more of the following conditions
exist:
(1)
Continuation of the pregnancy is likely to result in the death of the
mother;
(2)
There is substantial risk of the birth of the child with grave and permanent
physical deformity or mental retardation;
(3)
The pregnancy resulted from:
a.
Incest, or
b.
A rape or unlawful sexual intercourse in the first or second degree committed
as a result of force or bodily harm or threat of force or bodily harm, and the
Attorney General of this State has certified to the hospital abortion review
authority in writing over the Attorney General's signature that there is
probable cause to believe that the alleged rape or unlawful sexual intercourse
in the first or second degree did occur, except that during the first 48 hours
after the alleged rape or unlawful sexual intercourse in the first or second
degree no certification by the Attorney General shall be required;
(4)
Continuation of the pregnancy would involve substantial risk of permanent
injury to the physical or mental health of the mother.
(b)
In no event shall any physician terminate or attempt to terminate or assist in
the termination or attempt at termination of a human pregnancy otherwise than
by birth unless:
(1)
Not more than 20 weeks of gestation have passed (except in the case of a
termination pursuant to subsection (a)(1) of this section or where the fetus is
dead); and
(2)
Two physicians licensed by this State, 1 of whom may be the physician proposed
to perform the abortion, certify to the abortion review authority of the
hospital where the procedure is to be performed that they are of the opinion,
formed in good faith, that 1 of the circumstances set forth in subsection (a)
of this section exists (except that no such certification is necessary for the
circumstances set forth in subsection (a)(3)b. of this section); where the
personal physician of an expectant mother claims that she has a mental or
emotional condition, a psychiatrist licensed by this State shall, in addition
to the personal physician, certify to the abortion review authority of the
hospital where such procedure is to be performed that the physician is of the
opinion, formed in good faith, that 1 of the circumstances set forth in
subsection (a) of this section exists (except that no such certification is
necessary for the circumstances set forth in subsection (a)(3)b. of this
section); and
(3)
In the case of an unmarried female under the age of 18 or mentally ill or
incompetent, there is filed with the hospital abortion review authority the
written consent of the parents or guardians as are then residing in the same
household with the consenting female, or, if such consenting female does not
reside in the same household with either of her parents or guardians, then with
the written consent of 1 of her parents or guardians.
(c)
The hospital abortion review authority of each hospital in which a procedure or
procedures are performed pursuant to this section shall, on or before the 1st
day of March in each year, file with the Department of Health and Social
Services a written report of each such procedure performed pursuant to the
authorization of such authority during the preceding calendar year setting
forth grounds for each such authorization but not including the names of
patients aborted.
§
1791. Refusal to perform or submit to medical procedures.
(a)
No person shall be required to perform or participate in medical procedures
which result in the termination of pregnancy; and the refusal of any person to
perform or participate in these medical procedures shall not be a basis for
civil liability to any person, nor a basis for any disciplinary or other
recriminatory action against the person.
(b)
No hospital, hospital director or governing board shall be required to permit
the termination of human pregnancies within its institution, and the refusal to
permit such procedures shall not be grounds for civil liability to any person,
nor a basis for any disciplinary or other recriminatory action against it by
the State or any person.
(c)
The refusal of any person to submit to an abortion or to give consent shall not
be grounds for loss of any privileges or immunities to which such person would
otherwise be entitled, nor shall submission to an abortion or the granting of
consent be a condition precedent to the receipt of any public benefits.
§1792.
Assistance or participation in an unlawful termination of human pregnancy. (This provision has been held to be
unconstitutional and unenforceable)
No
person shall, unless the termination of a human pregnancy has been authorized
pursuant to § 1790 of this title:
(1)
Sell or give, or cause to be sold or given, any drug, medicine, preparation,
instrument or device for the purpose of causing, inducing or obtaining a
termination of such pregnancy; or
(2)
Give advice, counsel or information for the purpose of causing, inducing or
obtaining a termination of such pregnancy; or
(3)
Knowingly assist or cause by any means whatsoever the obtaining or performing
of a termination of such pregnancy.
§
1793. Residency requirements; exceptions.
(a)
No person shall be authorized to perform a termination of a human pregnancy within
the State upon a female who has not been a resident of this State for a period
of at least 120 days next before the performance of an operative procedure for
the termination of a human pregnancy.
(b)
This section shall not apply to such female who is gainfully employed in this
State at the time of conception, or whose spouse is gainfully employed in this
State at the time of conception or to such female who has been a patient, prior
to conception, of a physician licensed by this State, or to such female who is
attempting to secure the termination of her pregnancy for the condition
specified in § 1790(a)(1) of this title.
§
1794. Consent prior to termination of human pregnancy. (The waiting period imposed by these
provisions has been held to be unconstitutional and unenforceable)
(a)
No abortion may be performed unless the woman submitting to the abortion first
gives her written consent to the abortion stating that she freely and
voluntarily consents to the abortion and that she has received a full
explanation of the abortion procedure and effects, including, but not limited
to, the following:
(1)
The abortion procedure to be utilized.
(2)
The probable effects of the abortion procedure on the woman, including the
effects on her child-bearing ability and effects on possible future
pregnancies.
(3)
The facts of fetal development as of the time the proposed abortion is to be
performed.
(4)
The risks attendant to the procedure.
(5)
An explanation of the reasonable alternatives to abortion and of the reasonable
alternative procedures or methods of abortion.
(b)
No abortion may be performed on a woman within 24 hours after giving written
consent pursuant to subsection (a) of this section unless, in the opinion of
her treating physician, an emergency situation presenting substantial danger to
the life of the woman exists.
In
the event a woman's treating physician determines an abortion is necessary
because an emergency situation presenting substantial danger to the life of the
woman existed and such woman is unable to give her consent to an abortion, an
abortion may be performed on such woman.
§
1795. Live birth following abortion.
(a)
In the event an abortion or an attempted abortion results in the live birth of
a child, the person performing or inducing such abortion or attempted abortion
and all persons rendering medical care to the child after its birth must
exercise that degree of medical skill, care and diligence which would be
rendered to a child who is born alive as the result of a natural birth.
(b)
Nothing found in this section shall be deemed to preclude prosecution under any
other applicable section of the Delaware Code for knowing or reckless conduct which
is detrimental to the life or health of an infant born as a result of a
procedure designed to terminate pregnancy.
Anyone
who knowingly violates this section shall be guilty of a class A
misdemeanor.
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Title
16. Health and Safety.
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Part
III. Vital Statistics.
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Chapter
31. Registration of Births, Deaths,
Marriages, Divorces, and Annulments.
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§
3133. Reports of induced termination of pregnancy.
Each
induced termination of pregnancy which occurs in this State, regardless of the
length of gestation, shall be reported to the
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Title
29. State Government.
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Part
IV. State Agencies and Offices Not
Created by Constitution
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Chapter
47. Medical Examiners.
§
4706. Investigation of deaths.
(a)
When any person shall die in this State, as a result of violence, by suicide or
by casualty if such occurred not longer than 1 year and 1 day prior to death,
while under anesthesia, by abortion or suspected abortion, by poison or
suspicion of poison or suddenly when in apparent health or when unattended by a
physician or in any prison or penal institution or when in police custody or
from a disease resulting from employment including disease related to injury or
from an undiagnosed cause which may be related to a disease constituting a
threat to public health or in any suspicious or unusual manner or if there is
any unclaimed body or if any body is to be cremated, it shall be the duty of
the person having knowledge of such death or of the person issuing a permit for
cremation under § 3162 of Title 16 immediately to notify the Chief Medical
Examiner, an Assistant Medical Examiner or a Deputy Medical Examiner, as the
case may be, who in turn shall notify the Attorney General of the known facts
concerning the time, place, manner and circumstances of such death.
Any
person who shall willfully neglect or refuse to report such death or who shall
refuse to make available prior medical or other information pertinent to the
death investigation or who, without an order from the office of the Chief
Medical Examiner, shall willfully touch, remove or disturb the clothing or any
article upon or near the body shall upon conviction be subject to imprisonment
for not more than 1 year or pay a fine of not more than $1,000, or both.
(b)
Immediately upon receipt of such notification, the Medical Examiner shall take
charge of the dead body if either the Medical Examiner or the Attorney General
shall deem it necessary. The office of the Chief Medical Examiner shall
promptly notify a relative or close acquaintance of the deceased, if known, of
such action.
(c)
The Medical Examiner shall fully investigate the essential facts concerning the
medical causes of death and may take the names and addresses of as many
witnesses as may be practicable to obtain and shall reduce such facts as the
Medical Examiner may deem necessary to writing and file the same in the office
of the Chief Medical Examiner.
(d)
The Medical Examiner or a duly authorized investigator, in the absence of the
next of kin, shall take possession of the personal property found on the
deceased and make an exact inventory thereof on the Medical Examiner's report.
If necessary an attending police officer may take temporary possession of such
property in behalf of the Medical Examiner or an authorized investigator.
(e)
The Medical Examiner shall take possession of any object or articles which, in
the Medical Examiner's opinion, may be useful in establishing the identity of
the deceased person or the cause of death and deliver them to the Attorney
General. The balance of the personal property of the deceased remaining in the
possession of the Medical Examiner shall be released to the next of kin of the
deceased or the personal representative of the deceased.
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[Public funding for abortion for women eligible for state
medical assistance for general health care is prohibited unless: (1) the life
of a woman is endangered by a physical disorder, physical injury, or physical
illness, including a life-endangering physical condition caused by or arising
from the pregnancy itself; (2) the pregnancy is the result of incest reported
to the police; or (3) the pregnancy is the result of rape reported to the
police unless the physician documents in writing that the adult woman has just
cause for not reporting the rape. 2:6