7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to abortion.
10 Highlighted Provisions:
11 This bill:
12 ▸ removes provisions requiring a physician to verify a report has been made to law
13 enforcement before the physician performs an abortion on an adult woman who is
14 pregnant as a result of rape or incest; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 76-7-302, as last amended by Laws of Utah 2019, Chapters 189 and 208
23 76-7-331, as enacted by Laws of Utah 2004, Chapter 271
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-7-302 is amended to read:
27 76-7-302. Circumstances under which abortion authorized.
28 (1) As used in this section, "viable" means that the unborn child has reached a stage of
29 fetal development when the unborn child is potentially able to live outside the womb, as
30 determined by the attending physician to a reasonable degree of medical certainty.
31 (2) An abortion may be performed in this state only by a physician.
32 (3) An abortion may be performed in this state only under the following circumstances:
33 (a) the unborn child is not viable; or
34 (b) the unborn child is viable, if:
35 (i) the abortion is necessary to avert:
36 (A) the death of the woman on whom the abortion is performed; or
37 (B) a serious risk of substantial and irreversible impairment of a major bodily function
38 of the woman on whom the abortion is performed;
39 (ii) two physicians who practice maternal fetal medicine concur, in writing, in the
40 patient's medical record that the fetus:
41 (A) has a defect that is uniformly diagnosable and uniformly lethal; or
42 (B) has a severe brain abnormality that is uniformly diagnosable; or
43 (iii) (A) the woman is pregnant as a result of:
44 (I) rape, as described in Section 76-5-402;
45 (II) rape of a child, as described in Section 76-5-402.1; or
46 (III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; and
47 (B) before the abortion is performed, the physician who performs the abortion[
50 (4) An abortion may be performed only in an abortion clinic or a hospital, unless it is
51 necessary to perform the abortion in another location due to a medical emergency.
52 Section 2. Section 76-7-331 is amended to read:
53 76-7-331. Public funding of abortion forbidden.
54 (1) As used in this section, "damage to a major bodily function" refers only to injury or
55 impairment of a physical nature and may not be interpreted to mean mental, psychological, or
56 emotional harm, illness, or distress.
57 (2) Public funds of the state, its institutions, or its political subdivisions may not be
58 used to pay or otherwise reimburse, either directly or indirectly, any person, agency, or facility
59 for the performance of any induced abortion services unless:
60 (a) in the professional judgment of the pregnant woman's attending physician, the
61 abortion is necessary to save the pregnant woman's life;
62 (b) the pregnancy is the result of rape or incest [
64 (c) in the professional judgment of the pregnant woman's attending physician, the
65 abortion is necessary to prevent permanent, irreparable, and grave damage to a major bodily
66 function of the pregnant woman provided that a caesarian procedure or other medical
67 procedure that could also save the life of the child is not a viable option.
68 (3) Any officer or employee of the state who knowingly authorizes the use of funds
69 prohibited by this section shall be dismissed from that person's office or position and the
70 person's employment shall be immediately terminated.