(2) The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the * * * person pregnant with the fetus or where * * * the pregnant person's death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3) * * * It was an act or omission by the person pregnant with the fetus or was solicited, aided, abetted, or consented to by the * * * person pregnant with the fetus.
(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.