76-7-305. Informed consent requirements for abortion -- 24-hour wait mandatory
-- Emergency exceptions.
(1) No abortion may be performed unless a voluntary and informed written consent,
consistent with Section 8.08 of the American Medical Association's Code of Medical Ethics,
Current Opinions, and the provisions of this section is first obtained by the attending physician
from the woman upon whom the abortion is to be performed.
(2) Except in the case of a medical emergency, consent to an abortion is voluntary and
informed only if:
(a) at least 24 hours prior to the abortion, the physician who is to perform the abortion,
the referring physician, a registered nurse, nurse practitioner, advanced practice registered nurse,
certified nurse midwife, or physician's assistant, in a face-to-face consultation, orally informs the
woman:
(i) consistent with Subsection (3)(a), of the nature of the proposed abortion procedure or
treatment, specifically how that procedure will affect the fetus, and the risks and alternatives to
an abortion procedure or treatment that any person would consider material to the decision of
whether or not to undergo an abortion;
(ii) of the probable gestational age and a description of the development of the unborn
child at the time the abortion would be performed;
(iii) of the medical risks associated with carrying her child to term; and
(iv) except as provided in Subsection (3)(b), if the abortion is to be performed on an
unborn child who is at least 20 weeks gestational age:
(A) that, upon the woman's request, an anesthetic or analgesic will be administered to the
unborn child, through the woman, to eliminate or alleviate organic pain to the unborn child that
may be caused by the particular method of abortion to be employed; and
(B) of any medical risks to the woman that are associated with administering the
anesthetic or analgesic described in Subsection (2)(a)(iv)(A);
(b) at least 24 hours prior to the abortion the physician who is to perform the abortion,
the referring physician, or, as specifically delegated by either of those physicians, a registered
nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered nurse,
clinical laboratory technologist, psychologist, marriage and family therapist, clinical social
worker, or certified social worker has orally, in a face-to-face consultation, informed the pregnant
woman that:
(i) the Department of Health, in accordance with Section 76-7-305.5, publishes printed
material and an informational video that:
(A) provides medically accurate information regarding all abortion procedures that may
be used;
(B) describes the gestational stages of an unborn child; and
(C) includes information regarding public and private services and agencies available to
assist her through pregnancy, at childbirth, and while the child is dependent, including private
and agency adoption alternatives;
(ii) the printed material and a viewing of or a copy of the informational video shall be
provided to her free of charge;
(iii) medical assistance benefits may be available for prenatal care, childbirth, and
neonatal care, and that more detailed information on the availability of that assistance is
contained in the printed materials and the informational video published by the Department of
Health;
(iv) except as provided in Subsection (3)(c), the father of the unborn child is legally
required to assist in the support of her child, even in instances where he has offered to pay for the
abortion, and that the Office of Recovery Services within the Department of Human Services will
assist her in collecting child support; and
(v) she has the right to view an ultrasound of the unborn child, at no expense to her, upon
her request;
(c) the information required to be provided to the pregnant woman under Subsection
(2)(a) is also provided by the physician who is to perform the abortion, in a face-to-face
consultation, prior to performance of the abortion, unless the attending or referring physician is
the individual who provides the information required under Subsection (2)(a);
(d) a copy of the printed materials published by the Department of Health has been
provided to the pregnant woman;
(e) the informational video, published by the Department of Health, has been provided to
the pregnant woman in accordance with Subsection (4); and
(f) the pregnant woman has certified in writing, prior to the abortion, that the information
required to be provided under Subsections (2)(a) through (e) was provided, in accordance with
the requirements of those subsections.
(3) (a) The alternatives required to be provided under Subsection (2)(a)(i) shall include:
(i) a description of adoption services, including private and agency adoption methods;
and
(ii) a statement that it is legal for adoptive parents to financially assist in pregnancy and
birth expenses.
(b) The information described in Subsection (2)(a)(iv) may be omitted from the
information required to be provided to a pregnant woman under this section if:
(i) the abortion is performed for a reason described in Subsection 76-7-302(3)(b)(i); and
(ii) due to a serious medical emergency, time does not permit compliance with the
requirement to provide the information described in Subsection (2)(a)(iv).
(c) The information described in Subsection (2)(b)(iv) may be omitted from the
information required to be provided to a pregnant woman under this section if the woman is
pregnant as the result of rape.
(d) Nothing in this section shall be construed to prohibit a person described in Subsection
(2)(a) from, when providing the information described in Subsection (2)(a)(iv), informing a
woman of the person's own opinion regarding:
(i) the capacity of an unborn child to experience pain;
(ii) the advisability of administering an anesthetic or analgesic to an unborn child; or
(iii) any other matter related to fetal pain.
(4) When the informational video described in Section 76-7-305.5 is provided to a
pregnant woman, the person providing the information shall first request that the woman view
the video at that time or at another specifically designated time and location. If the woman
chooses not to do so, a copy of the video shall be provided to her.
(5) When a serious medical emergency compels the performance of an abortion, the
physician shall inform the woman prior to the abortion, if possible, of the medical indications
supporting the physician's judgment that an abortion is necessary.
(6) Any physician who violates the provisions of this section:
(a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102; and
(b) shall be subject to:
(i) suspension or revocation of the physician's license for the practice of medicine and
surgery in accordance with Section 58-67-401 or 58-68-401; and
(ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
(7) A physician is not guilty of violating this section for failure to furnish any of the
information described in Subsection (2), if:
(a) the physician can demonstrate by a preponderance of the evidence that the physician
reasonably believed that furnishing the information would have resulted in a severely adverse
effect on the physical or mental health of the pregnant woman;
(b) in the physician's professional judgment, the abortion was necessary to save the
pregnant woman's life;
(c) the pregnancy was the result of rape or rape of a child, as defined in Sections
76-5-402 and 76-5-402.1;
(d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(10) and
Section 76-7-102; or
(e) the pregnant woman was 14 years of age or younger.
(8) A physician who complies with the provisions of this section and Section 76-7-304.5
may not be held civilly liable to the physician's patient for failure to obtain informed consent
under Section 78B-3-406.
Amended by Chapter 57, 2009 General Session
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Last revised: Thursday, May 28, 2009