(1) The performing of an abortion by any person other than a licensed physician is a Class IV felony. (2) No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient when the physician performs, induces, or attempts to perform or induce the abortion. Any person who knowingly or recklessly violates this subsection shall be guilty of a Class IV felony. No civil or criminal penalty shall be assessed against the patient upon whom the abortion is performed, induced, or attempted to be performed or induced.
Neb. Rev. Stat. § 28-335
Abortion by other than licensed physician; penalty; physical presence; violation; penalty
Applied in 2 court decisions — leading case Mazurek v. Armstrong (1997)
Most recently applied in McCormack v. Hiedeman (September 2012)
Laws 1977, LB 38, § 50; Laws 2011, LB521, § 1.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.