PROTECTION OF LIFE DURING PREGNANCY ACT 2013

• Jurisdiction: Ireland
• Citation: IR No. 35/2013
• Year: 2013

Number 35 of 2013
PROTECTION OF LIFE DURING PREGNANCY ACT 2013
CONTENTS
PART 1
Preliminary and General
Section
1. Short title and commencement
2. Interpretation
3. Appropriate institutions for purposes of Act
4. Regulations
5. Repeals
6. Expenses
PART 2
Medical Procedures Lawful under Act
Chapter 1
Risk of loss of life of pregnant woman
7. Risk of loss of life from physical illness
8. Risk of loss of life from physical illness in emergency
9. Risk of loss of life from suicide
Chapter 2
Reviews
10. Application for review of medical opinion
11. Establishment of review panel, etc.
12. Establishment of review committee, etc.
13. Review of relevant decision
14. Procedures of review committee
15. Report by Executive on operation of Chapter
PART 3
Miscellaneous
16. Consent
17. Conscientious objection
18. Travel and information
19. Certification
20. Notifications
21. Amendment of section 9 of Health Act 2007
22. Destruction of unborn human life
23. Offence by body corporate
SCHEDULE
Appropriate Institutions
Acts Referred to
Health Act 2004 (No. 42)
Health Act 2007 (No. 23)
Medical Practitioners Act 2007 (No. 25)
Mental Health Act 2001 (No. 25)
Nurses and Midwives Act 2011 (No. 41)
Offences Against the Person Act 1861 (24 & 25 Vict., c.100)
Number 35 of2013
PROTECTION OF LIFE DURING PREGNANCY ACT 2013
An Act to protect human life during pregnancy; to make provision for reviews at the instigation of a pregnant woman of certain medical opinions given in respect of pregnancy; to provide for an offence of intentional destruction of unborn human life; to amend the Health Act 2007 ; to repeal sections 58 and 59 of the Offences Against the Person Act 1861 ; and to provide for matters connected therewith. [30th July, 2013]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title and commencement
	1. (1) This Act may be cited as the Protection of Life During Pregnancy Act 2013.
	(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
		Interpretation
	2. (1) In this Act—
	“Act of 2007” means the Medical Practitioners Act 2007 ;
	“Act of 2011” means the Nurses and Midwives Act 2011 ;
	“appropriate institution” means—
	(a) an institution that is specified in the Schedule , or
	(b) an institution that is specified in an order under section 3 ;
	“approved centre” has the meaning it has in section 63 of the Mental Health Act 2001 ;
	“certification” means a section 7 certification, section 8 certification, section 9 certification or section 13 certification, and includes a copy of any such certification;
	“certifying obstetrician”, in relation to a certification, means the obstetrician who made the certification;
	“Executive” means the Health Service Executive;
	“general practitioner”, in relation to a pregnant woman, means a medical practitioner who provides a general practitioner medical service to the pregnant woman;
	“medical practitioner” means a medical practitioner who is for the time being registered in the register;
	“medical procedure” includes the prescribing, by a medical practitioner, of any drug or medical treatment;
	“medical speciality” means a medical speciality recognised by the Medical Council under section 89 of the Act of 2007;
	“mental health services” has the meaning it has in the Mental Health Act 2001 ;
	“midwife” means a person whose name is for the time being registered in the midwives division of the register of nurses and midwives established under section 46 of the Act of 2011;
	“Minister” means the Minister for Health;
	“nurse” means a person whose name is for the time being registered in the nurses division of the register of nurses and midwives established under section 46 of the Act of 2011;
	“obstetrician” means an obstetrician and gynaecologist;
	“obstetrician and gynaecologist” means a medical practitioner who is registered in the Specialist Division of the register under the medical speciality of “Obstetrics and Gynaecology”;
	“pregnant woman”, in relation to a review, means the pregnant woman to whom the review relates;
	“prescribed” means prescribed by regulations made under section 4 ;
	“psychiatrist” means a medical practitioner who is registered in the Specialist Division of the register under a medical speciality of “Psychiatry”;
	“register” means the register of medical practitioners established under section 43 of the Act of 2007;
	“relevant decision” shall be construed in accordance with section 10 ;
	“relevant speciality”, in relation to a medical practitioner and his or her assessment of the risk of the loss of a pregnant woman’s life, means a medical speciality—
	(a) in respect of which the medical practitioner is registered in the Specialist Division of the register, and
	(b) relevant to the care or treatment of the physical illness in respect of which the risk of such loss arises;
	“review” means a review under section 13 of a relevant decision;
	“review committee”, in relation to a relevant decision, means the committee established under section 12 (1) to review that decision;
	“review panel” means the panel established under section 11 (1);
	“ section 7 certification” means a certification referred to in section 7 (1)(a);
	“ section 8 certification” means a certification referred to in section 8 (2);
	“ section 9 certification” means a certification referred to in section 9 (1)(a);
	“ section 13 certification” means a certification referred to in section 13 (3);
	“unborn”, in relation to a human life, is a reference to such a life during the period of time commencing after implantation in the womb of a woman and ending on the complete emergence of the life from the body of the woman;
	“woman” means a female person of any age.
	(2) A section 13 certification shall be deemed to be—
	(a) a section 7 certification where section 12 (2) applies, and
	(b) a section 9 certification where section 12 (3) applies,
	and the other provisions of this Act shall be construed accordingly.
	(3) A reference in this Act to physical illness includes a reference to a physical injury but does not include a reference to suicide.
		Appropriate institutions for purposes of Act
	3. (1) The Minister may by order, where he or she thinks it appropriate for the purposes of this Act, specify any institution managed by the Executive, or by another person pursuant to an arrangement entered into under section 38 of the Health Act 2004 —
	(a) at which in-patient services are provided under the direction of medical practitioners from not less than 3 medical specialities and which is wholly or partly used for the care and treatment of women in relation to any one or more of the following:
	(i) pregnancy;
	(ii) childbirth;
	(iii) post-partum care,
	or
	(b) at which in-patient services (including intensive and critical care services) are provided under the direction of medical practitioners from not less than 7 medical specialities,
	and any institution so specified shall be an appropriate institution for the purposes of this Act.
	(2) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
		Regulations
	4. (1) The Minister may by regulations provide—
	(a) for any matter referred to in this Act as prescribed, or
	(b) for any matter that appears to the Minister to be necessary or expedient for bringing this Act into operation.
	(2) Without prejudice to any provisions of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
	(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
		Repeals
	5. Sections 58 and 59 of the Offences Against the Person Act 1861 are hereby repealed.
		Expenses
	6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
PART 2 Medical Procedures Lawful under Act
Chapter 1 Risk of loss of life of pregnant woman
		Risk of loss of life from physical illness
	7. (1) It shall be lawful to carry out a medical procedure in respect of a pregnant woman in accordance with this section in the course of which, or as a result of which, an unborn human life is ended where—
	(a) subject to section 19 , two medical practitioners, having examined the pregnant woman, have jointly certified in good faith that—
	(i) there is a real and substantial risk of loss of the woman’s life from a physical illness, and
	(ii) in their reasonable opinion (being an opinion formed in good faith which has regard to the need to preserve unborn human life as...