A physician who performs an abortion when the physician knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction:
(1) for a first or second offense, must be fined not more than one thousand dollars. No term of imprisonment may be imposed for a first or second offense.
(2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
HISTORY: 1995 Act No. 1, Section 8.
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