Section 29.40. Prohibited acts

(a) Payment for abortion. Except in the case of a pregnancy which is not yet clinically diagnosable, any person who intends to perform or induce abortion shall, before accepting payment therefor, make or obtain a determination that the woman is pregnant. Any person who intentionally or knowingly accepts such a payment without first making or obtaining such a determination commits a misdemeanor of the second degree. A person commits a misdemeanor of the second degree if such person makes such a determination erroneously either knowing that it is erroneous or with reckless disregard or negligence as to whether it is erroneous and either:

(1) Thereupon or thereafter intentionally relies upon that determination in soliciting or obtaining any such payment; or

(2) Intentionally conveys that determination to any person or with knowledge that or with reckless disregard as to whether that determination will be relied upon in any solicitation or obtaining of any such payment.

(b) Referral fee. Payment or receipt of a referral fee in connection with the performance of an abortion is a misdemeanor of the first degree. For purposes of this section, ‘‘referral fee’’ means the transfer of anything of value between a physician who performs an abortion or an operator or employe of a clinic at which an abortion is performed and the person who advised the woman receiving the abortion to use the services of that physician or clinic.