Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2-73, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to the second trimester provided the following conditions are met:
(a) Said operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
(b) The physician and two consulting physicians certify and so enter in the hospital record of the woman, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.
(c) Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.
1975, cc. 14, 15; 2009, cc. 813, 840.
Notes of Decisions
Richmond Med. Ctr. for Women v. Gilmore, 11 F. Supp. 2d 795 (E.D. Va. 1998).
· cites it 9× “Under Va.Code § 18.2-74, it is lawful to perform an abortion after the second trimester of pregnancy if: (i) the abortion is performed in a licensed hospital; (ii) the attending physician and two consulting physicians certify that the “continuation of the pregnancy is likely to…”
Richmond Med. Ctr. for Women v. Gilmore, 55 F. Supp. 2d 441 (E.D. Va. 1999).
· cites it 6× “As explained above, the Act’s definition of “partial birth abortion” encompasses many D & E procedures; and, the Act clearly does not provide for an exception when the prohibited procedure (D & E or otherwise) is necessary, in appropriate medical judgment, for the preservation…”
Michael v. Sentara Health Sys., 939 F. Supp. 1220 (E.D. Va. 1996).
· cites it 6× “1-715 (Michie 1995), Virginia’s statutory regulation of second and third trimester abortions, Va.Code Ann. § 18.2-74, 74.1 (Michie 1996), and the Virginia abortion “Conscience Clause,” Va.”
Simopoulos v. Commonwealth, 277 S.E.2d 194 (Va. 1981).
· cites it 5× “§ 18.2-74. 5. The proscribed process is lawful at any time during pregnancy if, in the opinion of the attending physician, such process is necessary to save the woman’s life.”
Sawyer v. Childress, 12 Va. Cir. 184 (Norfolk Cir. Ct. 1988).
“meaning according to traditional standards of statutory construction, the Court holds that the legislature, when it enacted those statutes, could have enacted a statute to proscribe abortions except for the life or health of the mother after it had been medically determined that…”
Santowasso v. Zedler, 44 Va. Cir. 365 (Richmond County Cir. Ct. 1998).
· cites it 3× “” Va. Code § 18.2-74. The plaintiffs’ Motion for Judgment contains no allegations that Mrs.”
— Va. Code Ann. § 18.2-74(c) — 1 case
Simopoulos v. Commonwealth, 277 S.E.2d 194 (Va. 1981).
“§ 18.2-74. 5. The proscribed process is lawful at any time during pregnancy if, in the opinion of the attending physician, such process is necessary to save the woman’s life.”
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