1     
HEALTH CARE AMENDMENTS

2     
2020 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Raymond P. Ward

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the use of public funds for contraceptives.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes a prohibition against using public funds to provide contraceptive services
13     to minors without consent from the minor's parent or guardian;
14          ▸     amends provisions relating to the provision of contraceptives to minors; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-7-321, as last amended by Laws of Utah 1995, Chapter 20
23          76-7-322, as last amended by Laws of Utah 1988, Chapter 50
24          76-7-323, as last amended by Laws of Utah 1988, Chapter 50
25          76-7-325, as enacted by Laws of Utah 1983, Chapter 94
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 76-7-321 is amended to read:
29          76-7-321. Definitions.
30          As used in Sections 76-7-321 through 76-7-325:
31          (1) "Abortion services" means any material, program, plan, or undertaking which seeks
32     to promote abortion, encourages individuals to obtain an abortion, or provides abortions.
33          [(2) "Contraceptive services" means any material, program, plan, or undertaking that is
34     used for instruction on the use of birth control devices and substances, encourages individuals
35     to use birth control methods, or provides birth control devices.]
36          (2) "Contraceptive" means an applicance, drug, or medical preparation intended or
37     having special utility for prevention of conception.
38          (3) "Funds" means any money, supply, material, building, or project provided by this
39     state or its political subdivisions.
40          (4) "Health care provider" means the same as that term is defined in Section
41     78B-3-403.
42          [(4)] (5) "Minor" means any person under the age of 18 who is not otherwise
43     emancipated, married, or a member of the armed forces of the United States.
44          Section 2. Section 76-7-322 is amended to read:
45          76-7-322. Public funds for provision of abortion services restricted.
46          No funds of the state or its political subdivisions shall be used to provide [contraceptive
47     or] abortion services to an unmarried minor without the prior written consent of the minor's
48     parent or guardian.
49          Section 3. Section 76-7-323 is amended to read:
50          76-7-323. Public funds for support entities providing abortion services restricted.
51          No agency of the state or its political subdivisions shall approve any application for
52     funds of the state or its political subdivisions to support, directly or indirectly, any organization
53     or health care provider that provides [contraceptive or] abortion services to an unmarried minor
54     without the prior written consent of the minor's parent or guardian. No institution shall be
55     denied state or federal funds under relevant provisions of law on the ground that a person on its
56     staff provides contraceptive or abortion services in that person's private practice outside of such
57     institution.
58          Section 4. Section 76-7-325 is amended to read:
59          76-7-325. Notice to parent or guardian of minor requesting contraceptive --
60     Penalty for violation.
61          (1) [Any person before] Before providing contraceptives to a minor, a health care
62     provider shall notify[, whenever possible,] the minor's parents or guardian of the service
63     requested to be provided to such minor[. Contraceptives shall be defined as appliances
64     (including but not limited to intrauterine devices), drugs, or medicinal preparations intended or
65     having special utility for prevention of conception.] unless the health care provider:
66          (a) determines that it would be detrimental to the health of the minor to withhold
67     contraceptives until parental consent can be obtained; and
68          (b) documents in the minor's medical record the reason that the health care provider
69     believes that requiring parental consent for the contraceptive would be detrimental to the health
70     of the minor.
71          [(2) Any person in violation of this section shall be guilty of a class C misdemeanor.]
72          (2) A health care provider who violates this section is guilty of unprofessional conduct
73     under Section 58-1-501.