Decree Designating the Competent Authorities and Establishing the Procedure to Follow Regarding Non-Punishable Termination of Pregnancy, of October 15, 2002 - Purpose

This ordinance aims to implement the provisions of the Swiss Penal Code (PC) concerning the non-punishable termination of pregnancy. It defines the competent authorities in this matter, specifies the particular conditions related to the practice of this procedure, and establishes the procedure to be followed.

Pregnancy terminations must be carried out under the direct responsibility of a gynecologist authorized to practice in the canton.

1. Gynecology departments of the facilities listed in the canton of Neuchâtel's hospital registry are authorized to perform pregnancy terminations.

2. Gynecology departments of the public hospitals on the aforementioned list are obligated to carry out pregnancy terminations that meet legal requirements.

1 Family planning services are the recognized consultation centers for pregnancy-related matters. They inform and advise the public and any individuals who wish on issues related to a possible termination of pregnancy. They also provide follow-up for those who request it.

2. They collaborate with hospitals and physicians within the canton, providing them with information about their services and general information regarding termination of pregnancy.

1. The holder of the position of cantonal physician is the competent authority to receive notification of any termination of pregnancy as per Article 119, paragraph 5, of the Penal Code.

2. This authority maintains a file of pregnancy terminations.

3. They prepare the information dossier intended for the pregnant woman as stipulated in Article 120, paragraph 1, letter b, of the Penal Code, ensuring that the information provided is objective and neutral and includes addresses of associations and private organizations that may offer moral or material assistance.

4. They monitor whether pregnancy terminations are conducted according to medical standards and whether health professionals fulfill their duties in these matters.

5. They may restrict or prohibit certain pregnancy termination techniques if required by medical safety or public health reasons.

6. Furthermore, they carry out all other tasks and responsibilities that do not fall under the jurisdiction of another State body.

A pregnant woman who wishes to terminate her pregnancy must submit a written request to a gynecologist. The public health service provides a form for this purpose.

The gynecologist who performs a pregnancy termination must personally have an in-depth discussion with the pregnant woman, advise her, inform her about the medical risks of the procedure, and provide her with the information dossier prepared by the public health department.

The gynecologist who performs a termination of pregnancy for a pregnant woman under the age of sixteen must ensure that a prior consultation with a collaborator from the family planning service and/or the medical-educational office has taken place. The public health service establishes a certification form to this effect.

**1. The Required Medical Opinion according to Article 119, Paragraph 1, CP**

The medical opinion required by Article 119, paragraph 1, CP must be provided in writing. It is included in the patient's file. This medical opinion can also be made by another physician other than the one who performs the termination of pregnancy, provided that he or she is authorized to practice in the canton of Neuchâtel.

1. For statistical purposes, the gynecologist who performed a termination of pregnancy must report it on the official form intended for the cantonal physician.

2. Medical confidentiality must be respected.

3. The anonymity of the woman concerned must be guaranteed and no identification should be possible.

The present decree annuls and replaces the regulation of October 26, 1994 [3] concerning the application of Article 120 of the Swiss Penal Code.

1. This order shall enter into force retroactively with effect from October 1, 2002.

2. It will be published in the Official Gazette and inserted into the Neuchâtel Legislation Compendium.