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1997 SESSION
971014350Be it enacted by the General Assembly of Virginia:
1. That § 18.2-76 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-76. Informed consent required.
A. Before performing any abortion or inducing any miscarriage or
terminating a pregnancy as provided for in §§ 18.2-72, 18.2-73 or
§ 18.2-74, the physician shall obtain the informed written consent of the
pregnant woman; provided, however, if such . However, if
the woman shall be is incompetent as adjudicated by
any court of competent jurisdiction or if the physician knows or has good
reason to believe that such the woman is incompetent as
adjudicated by a court of competent jurisdiction, then only after permission is
given in writing by a parent, guardian, committee, or other person standing in
loco parentis to such incompetent the woman, may the
physician perform such an abortion or otherwise terminate
the pregnancy.
The physician shall inform the pregnant woman of the nature of the
proposed procedure to be utilized and the risks, if any, in her particular case
to her health in terminating or continuing the pregnancy.
B. For purposes of this section
"Informed written consent" means the knowing and voluntary written agreement, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion, of a person who is capable of exercising free power of choice. The basic information which shall be provided to the woman to effect such consent shall include:
1. A full reasonable and comprehensible medical explanation of the nature, benefits, risks and alternatives to the woman of the proposed procedures or protocols to be followed.
2. An instruction that the woman may withdraw her consent at any time;
3. An offer to answer any inquiries by the woman and to provide further information concerning the procedures and protocols; and
4. A statement of the probable gestational age of the fetus at the time the abortion is to be performed.
C. The physician need not obtain the informed written consent of the woman when the abortion is to be performed pursuant to a medical emergency.
D. Notwithstanding any other provision of law, any physician who fails to follow the provisions of this section shall only be subject to a $500 civil penalty.