House of Representatives State of Utah




         UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL

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         P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029         March 1, 2011

Madam Speaker:

    The Health and Human Services Committee reports a favorable recommendation on 1st Sub. H.B. 171, ABORTION CLINIC LICENSING, by Representative C. Wimmer, with the following amendments:

1.    Page 1, Lines 14 through 15 :    

             14          .    

  subject to certain exceptions,       requires annual licensing for abortion clinics that provide abortions during the first

             15      and second trimesters of pregnancy;

2.    Page 6, Lines 159 through 170 :    

             159          (23)
  (a)       "Type I abortion clinic" means        , except as provided in Subsection (23)(b),       a facility, including a physician's office, but not

             160      including a general acute or specialty hospital, that:
             161          
{   (a)   }        (i)       performs abortions, as defined in Section 76-7-301 , during the first trimester of

             162      pregnancy; and
             163          
{   (b)   }        (ii)       does not perform abortions, as defined in Section 76-7-301 , after the first trimester

             164      of pregnancy.
  (b) "Type I abortion clinic" does not include a facility or physician's office that only performs abortions:

(i) that are necessary to avert:
(A) the death of the woman on whom the abortion is performed; or
(B) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;
(ii) of a fetus that has a defect that is documented by a physician or physicians to be uniformly diagnosable and uniformly lethal; or
(iii) where:
(A) the woman is pregnant as a result rape, as described in Section 76-5-402, rape of a child, as described in Section 76-5-402.1, or incest, as described in Subsection

76-5-406(10) or Section 76-7-102; and
(B) before the abortion is performed, the physician who performs the abortion verifies that the incident described in Subsection (23)(b)(iii)(A) has been reported to law enforcement and complies with the requirements of Section 62A-4a-403.  


             165          (24)
  (a)       "Type II abortion clinic" means        , except as provided in Subsection (24)(b),       a facility, including a physician's office, but not

             166      including a general acute or specialty hospital, that:
             167          
{   (a)   }        (i)       performs abortions, as defined in Section 76-7-301 , after the first trimester of

             168      pregnancy; or
             169          
{   (b)   }        (ii)       performs abortions, as defined in Section 76-7-301 , during the first trimester of

             170      pregnancy and after the first trimester of pregnancy.
  (b) "Type II abortion clinic" does not include a facility or physician's office that only performs abortions:

(i) that are necessary to avert:
(A) the death of the woman on whom the abortion is performed; or
(B) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;
(ii) of a fetus that has a defect that is documented by a physician or physicians to be uniformly diagnosable and uniformly lethal; or
(iii) where:
(A) the woman is pregnant as a result rape, as described in Section 76-5-402, rape of a child, as described in Section 76-5-402.1, or incest, as described in Subsection 76-5-406(10) or Section 76-7-102; and
(B) before the abortion is performed, the physician who performs the abortion verifies that the incident described in Subsection (24)(b)(iii)(A) has been reported to law enforcement and complies with the requirements of Section 62A-4a-403.  


    Respectfully,

    Paul Ray


    Committee Chair
Voting: 5-3-1
3 HB0171.HC1.wpd 3/1/11 10:35 am /MDA TRV/MDA


Bill Number
Action Class
Action Code

*HB0171S01*
*H*
*HCRAMD*

HB0171S01
H
HCRAMD