76-7-310.5. Prohibition of specified abortion procedures -- Viability defined.
(1) As used in this section, "saline abortion procedure" means performance of
amniocentesis and injection of saline into the amniotic sac within the uterine cavity.
(2) (a) After viability has been determined in accordance with Subsection (2)(b), no
person may knowingly perform a saline abortion procedure unless all other available abortion
procedures would pose a risk to the life or the health of the pregnant woman.
(b) For purposes of this section determination of viability shall be made by the physician,
based upon his own best clinical judgment. The physician shall determine whether, based on the
particular facts of a woman's pregnancy that are known to him, and in light of medical
technology and information reasonably available to him, there is a realistic possibility of
maintaining and nourishing a life outside of the womb, with or without temporary, artificial
life-sustaining support.
(3) Intentional, knowing, and willful violation of this section is a third degree felony.
Amended by Chapter 272, 2004 General Session
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Last revised: Thursday, May 28, 2009