; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. (d) Requirement for data retention Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient’s medical file pursuant to paragraph (6) of such section and a consent form required to be retained in a patient’s medical file pursuant to paragraph (7) of such section in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (e) Additional exceptions and requirements (1) Exclusion of certain facilities Notwithstanding the definitions set forth in subsection (j), the counseling described in subsection (b)(2)(A) and subsection (c)(1) or medical treatment may not be provided by a facility that performs abortions (unless that facility is a hospital). (2) Rule of construction in cases of reports to law enforcement The requirements of subsection (b)(2) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. (f) Defendant may seek hearing A defendant indicted for an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place. (g) No liability for the mother on whom abortion is performed A mother upon whom an abortion is performed may not be prosecuted under this section, for a