Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-347 (2026)

Dismemberment abortion; unlawful; when; medical emergency; Board of Medicine and Surgery; hearing; findings admissible at trial; persons not liable

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) It shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless a dismemberment abortion is necessary due to a medical emergency as defined in subdivision (4) of section 28-3,103.

(2) A person accused in any proceeding of unlawful conduct under subsection (1) of this section may seek a hearing before the Board of Medicine and Surgery on whether the performance of a dismemberment abortion was necessary due to a medical emergency as defined in subdivision (4) of section 28-3,103. The board's findings are admissible on that issue at any trial in which such unlawful conduct is alleged. Upon a motion of the person accused, the court shall delay the beginning of the trial for not more than thirty days to permit such a hearing to take place.

(3) No woman upon whom an abortion is performed or attempted to be performed shall be liable for performing or attempting to perform a dismemberment abortion. No nurse, secretary, receptionist, or other employee or agent who is not a physician, but who acts at the direction of a physician, shall be liable for performing or attempting to perform a dismemberment abortion. No pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be liable for performing or attempting to perform a dismemberment abortion.

Notes of Decisions
Cited in 2 cases, 1983–1988 · leading case: Orr v. Knowles, 337 N.W.2d 699 (Neb. 1983).
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Orr v. Knowles, 337 N.W.2d 699 (Neb. 1983). · cites it 56× “The main thrust of these questions is a request that we interpret Neb. Rev. Stat. § 28-347 (Cum. Supp. 1982) as it stands, and in light of other relevant provisions found under Nebraska law.”
In re Interest of Mm, 431 N.W.2d 611 (Neb. 1988). · cites it 2× “In response to this first question, based upon the above discussion, we feel the duties and responsibilities of a guardian ad litem, as provided under § 28-347(2), are not coextensive with *613 those of an attorney who might represent a minor in proceedings under this section.”
Neb. Rev. Stat. § 28-347(1): 1 case
Orr v. Knowles, 337 N.W.2d 699 (Neb. 1983). “The main thrust of these questions is a request that we interpret Neb. Rev. Stat. § 28-347 (Cum. Supp. 1982) as it stands, and in light of other relevant provisions found under Nebraska law.”
Neb. Rev. Stat. § 28-347(2): 2 cases
Orr v. Knowles, 337 N.W.2d 699 (Neb. 1983). “The main thrust of these questions is a request that we interpret Neb. Rev. Stat. § 28-347 (Cum. Supp. 1982) as it stands, and in light of other relevant provisions found under Nebraska law.”
In re Interest of Mm, 431 N.W.2d 611 (Neb. 1988). “In response to this first question, based upon the above discussion, we feel the duties and responsibilities of a guardian ad litem, as provided under § 28-347(2), are not coextensive with *613 those of an attorney who might represent a minor in proceedings under this section.”
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