(1) Except as provided in subsection (3) of this section, a physician, before performing or inducing an abortion, shall first:

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(a) Determine, using standard medical practice, the gestational age of the preborn child; and

(b) Record in the pregnant woman’s medical record:

(i) The method used to determine the gestational age of the preborn child; and

(ii) The date, time, and results of such determination.

(2) Except as provided in subsection (3) of this section, it shall be unlawful for any physician to perform or induce an abortion:

(a) Before fulfilling the requirements of subsection (1) of this section; or

(b) If the probable gestational age of the preborn child has been determined to be twelve or more weeks.

(3) It shall not be a violation of subsection (1) or (2) of this section for a physician to perform or induce an abortion in the case of:

(a) Medical emergency;

(b) Pregnancy resulting from sexual assault as defined in section 28-319 or 28-319.01 ; or

(c) Pregnancy resulting from incest as defined in section 28-703.