Subject 290-5-32 PERFORMANCE OF ABORTIONS AFTER THE FIRST TRIMESTER OF PREGNANCY AND REPORTING REQUIREMENTS FOR ALL ABORTIONS
Unless a different meaning is required by the context or pertinent statutes, the following terms as used in these Rules and Regulations shall have the meaning hereinafter respectively ascribed to them; except, these Rules and Regulations do not apply to hospitals owned or operated by the United States Federal Government.
|(a)||"Induced Abortion" means the procedure by which pregnancy is purposely terminated with the intent to result in other than a live birth.|
|(b)||"First Trimester" means the first thirteen completed weeks after the first day of the last normal menstrual cycle.|
|(c)||"Second Trimester" means the second thirteen weeks or gestation.|
|(e)||"Hospital" means a facility which is subject to regulation and control under Section 31-7-1 of the Official Code of Georgia Annotated (Regulation of Hospitals and Related Institutions) as well as the Rules and Regulations duly promulgated thereunder and in particular the Rules and Regulations embodied in Chapter 290-5-6 entitled "Hospitals" duly promulgated by the Georgia Department of Human Resources, as such law and regulations now exist or may subsequently be amended.|
|(f)||"Ambulatory Surgical Treatment Centers" means any institution, building, or facility, or part thereof, devoted primarily to the provision of surgical treatment to patients not requiring hospitalization, as provided under provisions of Code Section 31-7-1 of the Official Code of Georgia Annotated. Such facilities do not admit patients for treatment which normally requires overnight stay, nor provide accommodations for treatment of patients for periods of twenty-four (24) hours or longer.|
|(g)||"Abortion Facility" means a facility licensed by the Department as a hospital or ambulatory surgical treatment center.|
|(h)||"Department" means the Department of Human Resources of the State of Georgia.|
|(i)||"Commissioner" means the Commissioner of the Department of Human Resources of the State of Georgia.|
|(j)||"Board" means the Board of Human Resources of the State of Georgia.|
|(1)||No abortion is authorized nor shall be performed after the first trimester unless the abortion is performed in an abortion facility; provided, however, that abortion procedures performed in an ambulatory surgical treatment center shall be limited to dilatation and evacuation procedures (D & E).|
|(2)||No abortion is authorized nor shall be performed after the second trimester unless the attending physician and two consulting physicians certify in writing and make such statement a part of the medical records of the patient that said abortion is necessary in their best clinical judgment to preserve the life or health of the woman. If the product of such abortion is capable of meaningful or sustained life, medical aid then available must be rendered in order to achieve this result.|
|(3)||Nothing in these Rules and Regulations shall require an abortion facility or physician to admit any patient for the purpose of performing an abortion. In addition, any person who shall state in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion, and refusal of such person to participate therein, shall not form the basis for any claim for damage or account of such refusal or for any disciplinary or recriminatory action against such person. The written objection shall remain in effect until such person shall revoke it or terminate his association with the facility with which it is filed.|
In the event that any rule, sentence, clause or phrase of any of these rules are in conflict with any superior law or, should be declared or adjudged invalid or unconstitutional, such determination or adjudication shall in no manner affect the remaining rules or portions thereof and such remaining rules or portions thereof shall remain in full force and effect as if such rule or portions thereof so determined, declared or adjudged invalid or unconstitutional were not originally a part hereof.
In addition to the penal provisions of Section 16-12-143 of the Official Code of Georgia Annotated, which states that any person who fails to file or maintain, in complete form, any of the written reports required in that Chapter (as further reflected in these rules relating to abortions) within the time set forth shall commit a misdemeanor, and Section 16-12-140(b) of the aforesaid Code which states that a person convicted of criminal abortion shall be punished by imprisonment for not less than one (1) nor more than ten (10) years, except that a person convicted of failure to file the forms and records required by this Chapter shall be punished under Section 16-12-143, the administration and enforcement of these Rules and Regulations shall be as prescribed in Section 31-5-1 entitled "Administration and Enforcement" of the Official Code of Georgia Annotated and in conformity with the Administrative Procedure Act (Section 50-13-1 of the Official Code of Georgia Annotated), as amended.