76-7-301. Definitions.
As used in this part:
(1) "Abortion" means the intentional termination or attempted termination of human
pregnancy after implantation of a fertilized ovum, and includes any and all procedures
undertaken to kill a live unborn child and includes all procedures undertaken to produce a
miscarriage. "Abortion" does not include removal of a dead unborn child.
(2) "Medical emergency" means that condition which, on the basis of the physician's
good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
risk of substantial and irreversible impairment of major bodily function.
(3) (a) "Partial birth abortion" means an abortion in which the person performing the
abortion:
(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a
head first presentation, the entire fetal head is outside the body of the mother, or, in the case of
breech presentation, any part of the fetal trunk past the navel is outside the body of the mother,
for the purpose of performing an overt act that the person knows will kill the partially delivered
living fetus; and
(ii) performs the overt act, other than completion of delivery, that kills the partially living
fetus.
(b) "Partial birth abortion" does not include the dilation and evacuation procedure
involving dismemberment prior to removal, the suction curettage procedure, or the suction
aspiration procedure for abortion.
(4) "Physician" means a medical doctor licensed to practice medicine and surgery under
Title 58, Chapter 67, Utah Medical Practice Act, a physician in the employment of the
government of the United States who is similarly qualified, or an osteopathic physician licensed
to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice
Act.
(5) "Hospital" means a general hospital licensed by the Department of Health according
to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, and includes a clinic
or other medical facility to the extent that such clinic or other medical facility provides
equipment and personnel sufficient in quantity and quality to provide the same degree of safety to
the pregnant woman and the unborn child as would be provided for the particular medical
procedures undertaken by a general hospital licensed by the Department of Health. It shall be the
responsibility of the Department of Health to determine if such clinic or other medical facility so
qualifies and to so certify.
Amended by Chapter 90, 2004 General Session
Amended by Chapter 272, 2004 General Session
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Last revised: Thursday, May 28, 2009