Representative Steve R. Christiansen proposes the following substitute bill:


1     
ABORTION REVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve R. Christiansen

5     
Senate Sponsor: Curtis S. Bramble

6     Cosponsors:
7     Cheryl K. Acton
8     Brady Brammer
Karianne Lisonbee
Adam Robertson
Travis M. Seegmiller
V. Lowry Snow
9     

10     LONG TITLE
11     General Description:
12          This bill creates requirements relating to abortion procedures.
13     Highlighted Provisions:
14          This bill:
15          ▸     modifies provisions related to a pregnant woman's informed consent to an abortion;
16          ▸     requires a medical professional to do the following before a pregnant woman may
17     give informed consent to an abortion:
18               •     display live fetal images of the unborn child;
19               •     describe the fetal images;
20               •     make audible the fetal heartbeat, if possible; and
21               •     provide written confirmation to the pregnant woman stating that the medical
22     professional complied with the requirements;
23          ▸     provides that a pregnant woman may choose not to view the fetal images and not to
24     listen to the fetal heartbeat;
25          ▸     adds certain record keeping requirements for a physician performing an abortion;
26          ▸     imposes a fine on a physician that performs an abortion on a pregnant woman who
27     has not confirmed that the pregnant woman has provided informed consent;
28          ▸     requires the Department of Health to:
29               •     create, and make available online, a form to be signed by a physician or
30     qualified technician displaying the fetal images; and
31               •     provide a list of organizations that offer a free or low cost ultrasound; and
32          ▸     makes technical and conforming changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          None
37     Utah Code Sections Affected:
38     AMENDS:
39          26-21-6.5, as last amended by Laws of Utah 2018, Chapter 282
40          76-7-305, as last amended by Laws of Utah 2019, Chapters 124 and 189
41          76-7-305.5, as last amended by Laws of Utah 2018, Chapter 282
42          78B-3-406, as last amended by Laws of Utah 2019, Chapter 346
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 26-21-6.5 is amended to read:
46          26-21-6.5. Licensing of an abortion clinic -- Rulemaking authority -- Fee.
47          (1) A type I abortion clinic may not operate in the state without a license issued by the
48     department to operate a type I abortion clinic.
49          (2) A type II abortion clinic may not operate in the state without a license issued by the
50     department to operate a type II abortion clinic.
51          (3) The department shall make rules establishing minimum health, safety, sanitary, and
52     recordkeeping requirements for:
53          (a) a type I abortion clinic; and
54          (b) a type II abortion clinic.
55          (4) To receive and maintain a license described in this section, an abortion clinic shall:
56          (a) apply for a license on a form prescribed by the department;
57          (b) satisfy and maintain the minimum health, safety, sanitary, and recordkeeping
58     requirements established under Subsection (3) that relate to the type of abortion clinic licensed;
59          (c) comply with the recordkeeping and reporting requirements of Section 76-7-313 and
60     Subsection 76-7-305(3);
61          (d) comply with the requirements of Title 76, Chapter 7, Part 3, Abortion;
62          (e) pay the annual licensing fee; and
63          (f) cooperate with inspections conducted by the department.
64          (5) The department shall, at least twice per year, inspect each abortion clinic in the
65     state to ensure that the abortion clinic is complying with all statutory and licensing
66     requirements relating to the abortion clinic. At least one of the inspections shall be made
67     without providing notice to the abortion clinic.
68          (6) The department shall charge an annual license fee, set by the department in
69     accordance with the procedures described in Section 63J-1-504, to an abortion clinic in an
70     amount that will pay for the cost of the licensing requirements described in this section and the
71     cost of inspecting abortion clinics.
72          (7) The department shall deposit the licensing fees described in this section in the
73     General Fund as a dedicated credit to be used solely to pay for the cost of the licensing
74     requirements described in this section and the cost of inspecting abortion clinics.
75          Section 2. Section 76-7-305 is amended to read:
76          76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
77     -- Exceptions.
78          (1) A person may not perform an abortion, unless, before performing the abortion, the
79     physician who will perform the abortion obtains from the woman on whom the abortion is to
80     be performed a voluntary and informed written consent that is consistent with:
81          (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
82     Current Opinions; and
83          (b) the provisions of this section.
84          (2) Except as provided in Subsection [(8)] (9), consent to an abortion is voluntary and
85     informed only if, at least 72 hours before the abortion:
86          [(a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
87     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
88     physician's assistant presents the information module to the pregnant woman;]
89          [(b)] (a) the pregnant woman views the entire information module described in Section
90     76-7-305.5 and [presents] obtains evidence [to the individual described in Subsection (2)(a)]
91     that the pregnant woman viewed the entire information module;
92          [(c) after receiving the evidence described in Subsection (2)(b), the individual
93     described in Subsection (2)(a):]
94          [(i) documents that the pregnant woman viewed the entire information module;]
95          [(ii) gives the pregnant woman, upon her request, a copy of the documentation
96     described in Subsection (2)(c)(i); and]
97          [(iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
98     who is to perform the abortion, upon request of that physician or the pregnant woman;]
99          [(d)] (b) after the pregnant woman views the entire information module[,]:
100          (i) the physician who is to perform the abortion, the referring physician, a physician, a
101     registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife,
102     genetic counselor, or physician's assistant, [in a face-to-face consultation] in any location in the
103     state, orally informs the woman of:
104          [(i)] (A) the nature of the proposed abortion procedure;
105          [(ii)] (B) specifically how the procedure described in Subsection (2)(d)(i) will affect
106     the fetus;
107          [(iii)] (C) the risks and alternatives to the abortion procedure or treatment;
108          [(iv)] (D) the options and consequences of aborting a medication-induced abortion, if
109     the proposed abortion procedure is a medication-induced abortion;
110          [(v)] (E) the probable gestational age and a description of the development of the
111     unborn child at the time the abortion would be performed;
112          [(vi)] (F) the medical risks associated with carrying her child to term; and
113          [(vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
114     woman, upon her request; and]
115          [(viii)] (G) when the result of a prenatal screening or diagnostic test indicates that the
116     unborn child has or may have Down syndrome, the Department of Health website containing
117     the information described in Section 26-10-14, including the information on the informational
118     support sheet; and
119          [(e) after the pregnant woman views the entire information module,]
120          (ii) a staff member of [the] an abortion clinic or hospital [provides to the pregnant
121     woman] orally informs the pregnant woman of:
122          [(i) on a document that the pregnant woman may take home:]
123          (A) the address for the department's website described in Section 76-7-305.5; and
124          [(B) a statement that the woman may request, from a staff member of the abortion
125     clinic or hospital where the woman viewed the information module, a printed copy of the
126     material on the department's website; and]
127          [(ii) a printed copy of] (B) the material on the department's website described in
128     Section 76-7-305.5, [if requested by the pregnant woman.]; and
129          (c) a physician or qualified technician, in accordance with Subsection (5), displays fetal
130     images of each unborn child and makes each unborn child's heartbeat audible for the pregnant
131     woman.
132          (3) (a) Before performing an abortion, the physician who is to perform the abortion
133     shall:
134          [(a)] (i) in a face-to-face consultation, provide the information described in Subsection
135     [(2)(d)] (2)(b), unless the attending physician or referring physician is the individual who
136     provided the information required under Subsection [(2)(d)] (2)(b); and
137          [(b) (i) obtain from the pregnant woman]
138          (ii) obtain:
139          (A) a written certification from the pregnant woman that the information required to be
140     provided under Subsection (2) and this Subsection (3) was provided in accordance with the
141     requirements of Subsection (2) and this Subsection (3); [and]
142          (B) the signed form or copy of the signed form described in Subsection (5)(c); and
143          [(ii) obtain] (C) a copy of the [statement] evidence described in Subsection [(2)(c)(i)]
144     (2)(a).
145          (b) The treating physician shall retain a copy of each document described in Subsection
146     (3)(a) in the pregnant woman's medical record.
147          (4) When a serious medical emergency compels the performance of an abortion, the
148     physician shall inform the woman prior to the abortion, if possible, of the medical indications
149     supporting the physician's judgment that an abortion is necessary.
150          [(5) If an ultrasound is performed on a woman before an abortion is performed, the
151     individual who performs the ultrasound, or another qualified individual, shall:]
152          [(a) inform the woman that the ultrasound images will be simultaneously displayed in a
153     manner to permit her to:]
154          [(i) view the images, if she chooses to view the images; or]
155          [(ii) not view the images, if she chooses not to view the images;]
156          [(b) simultaneously display the ultrasound images in order to permit the woman to:]
157          [(i) view the images, if she chooses to view the images; or]
158          [(ii) not view the images, if she chooses not to view the images;]
159          [(c) inform the woman that, if she desires, the person performing the ultrasound, or
160     another qualified person shall]
161          (5) (a) A physician, or a qualified technician, completing the requirements under
162     Subsection (2)(c) shall:
163          (i) display live video or electronic fetal images of each unborn child to the pregnant
164     woman;
165          (ii) simultaneously provide a detailed description of the [ultrasound] fetal images
166     described in Subsection (5)(a)(i), including:
167          (A) the presence and location of each unborn child within the uterus;
168          (B) the number of unborn children within the uterus;
169          [(i)] (C) the dimensions of [the] each unborn child;
170          [(ii)] (D) the presence of cardiac activity in [the] each unborn child, if present and
171     viewable; and
172          [(iii)] (E) the presence of external body parts or internal organs, if present and
173     viewable; [and]
174          [(d) provide the detailed description described in Subsection (5)(c), if the woman
175     requests it.]
176          (iii) display the fetal images described in Subsection (5)(a)(i) so that the pregnant
177     woman may view the images; and
178          (iv) make each unborn child's heartbeat audible to the pregnant woman if:
179          (A) a heartbeat is audible; and
180          (B) the procedure described in Subsection (5)(a)(iii) complies with best medical
181     practices.
182          (b) (i) This section does not prevent a pregnant woman from:
183          (A) averting her eyes from the fetal images described in Subsection (5)(a)(i); or
184          (B) requesting the volume of a heartbeat be reduced or turned off.
185          (ii) The physician or qualified technician completing the requirements of Subsection
186     (5)(a) and the pregnant woman are not subject to any civil or criminal penalty if the pregnant
187     woman refuses to look at the fetal images described in Subsection (5)(a)(i) or listen to the
188     heartbeat of an unborn child.
189          (c) The physician or qualified technician who completes the requirements of
190     Subsection (5)(a) shall:
191          (i) sign the form described in Subsection(5)(d) certifying that the physician or qualified
192     technician completed each of the requirements described in Subsection (5)(a); and
193          (ii) provide the signed form to the pregnant woman.
194          (d) The department shall:
195          (i) create a form to be signed by a physician or qualified technician who completes the
196     requirements of Subsection (5)(a) that, when signed by the physician or qualified technician,
197     certifies that the physician or qualified technician complied with each requirement described in
198     Subsection (5)(a); and
199          (ii) make the form described in Subsection (5)(d)(i) available for download on the
200     department's website.
201          (e) Any physician or qualified technician capable of complying with the requirements
202     of Subsection (5)(a) may complete the requirements of Subsection (5)(a).
203          (f) Displaying the images produced by a transabdominal ultrasound satisfies the
204     requirement to display fetal images under Subsection (5)(a)(i) regardless of the stage of the
205     pregnancy.
206          (6) The information described in Subsections (2), (3), and (5) is not required to be
207     provided to a pregnant woman under this section if the abortion is performed for a reason
208     described in:
209          (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
210     concur, in writing, that the abortion is necessary to avert:
211          (i) the death of the woman on whom the abortion is performed; or
212          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
213     of the woman on whom the abortion is performed; or
214          (b) Subsection 76-7-302(3)(b)(ii).
215          (7) In addition to the criminal penalties described in this part, a physician who violates
216     the provisions of this section:
217          (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
218     and
219          (b) shall be subject to:
220          (i) suspension or revocation of the physician's license for the practice of medicine and
221     surgery in accordance with Section 58-67-401 or 58-68-401; and
222          (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
223          (8) In addition to the penalties described in this part, a physician who fails to comply
224     with Subsection (3)(a) is subject to a fine not to exceed $100,000 for a first offense or
225     $250,000 for each subsequent offense.
226          [(8)] (9) A physician is not guilty of violating this section for failure to furnish any of
227     the information described in Subsection (2) or (3), or for failing to comply with Subsection (5),
228     if:
229          (a) the physician can demonstrate by a preponderance of the evidence that:
230          (i) the physician reasonably believed that furnishing the information would have
231     resulted in a severely adverse effect on the physical [or mental] health of the pregnant woman;
232     or
233          (ii) (A) a licensed mental health professional determined that furnishing the
234     information would have resulted in a severely adverse effect on the mental health of the
235     pregnant woman;
236          (B) the licensed mental health professional documented the determination described in
237     Subsection (8)(a)(ii)(A); and
238          (C) the documentation described in Subsection (8)(a)(ii)(B) is retained in the pregnant
239     woman's medical record;
240          (b) in the physician's professional judgment, the abortion was necessary to avert:
241          (i) the death of the woman on whom the abortion is performed; or
242          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
243     of the woman on whom the abortion is performed;
244          (c) the pregnancy was the result of rape or rape of a child, as defined in Sections
245     76-5-402 and 76-5-402.1;
246          (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(2)(j) and
247     Section 76-7-102; or
248          (e) at the time of the abortion, the pregnant woman was 14 years of age or younger.
249          [(9)] (10) A physician who complies with the provisions of this section and Section
250     76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
251     informed consent under Section 78B-3-406.
252          [(10)] (11) (a) The department shall provide [an ultrasound, in accordance with the
253     provisions of Subsection (5)(b), at no expense to the pregnant woman.] a low cost option to a
254     pregnant woman seeking compliance with the requirements of Subsection (2)(c).
255          (b) The department may charge a reasonable fee to offset the administrative costs
256     associated with coordinating and performing the requirements of Subsection (2)(c).
257          (c) Before charging a fee described in Subsection (11)(a), the department shall inform
258     the pregnant woman of the resources described in Subsection 76-7-305.5(2)(g).
259          [(b)] (d) A local health department shall refer a pregnant woman who requests an
260     ultrasound described in Subsection [(10)] (11)(a) to the department.
261          [(11)] (12) A physician is not guilty of violating this section if:
262          (a) the information described in Subsection (2) is provided less than 72 hours before
263     the physician performs the abortion; and
264          (b) in the physician's professional judgment, the abortion was necessary in a case
265     where:
266          (i) a ruptured membrane, documented by the attending or referring physician, will
267     cause a serious infection; or
268          (ii) a serious infection, documented by the attending or referring physician, will cause a
269     ruptured membrane.
270          Section 3. Section 76-7-305.5 is amended to read:
271          76-7-305.5. Requirements for information module and website.
272          (1) In order to ensure that a woman's consent to an abortion is truly an informed
273     consent, the department shall, in accordance with the requirements of this section, develop an
274     information module and maintain a public website.
275          (2) The information module and public website described in Subsection (1) shall:
276          (a) be scientifically accurate, comprehensible, and presented in a truthful,
277     nonmisleading manner;
278          (b) present adoption as a preferred and positive choice and alternative to abortion;
279          (c) be produced in a manner that conveys the state's preference for childbirth over
280     abortion;
281          (d) state that the state prefers childbirth over abortion;
282          (e) state that it is unlawful for any person to coerce a woman to undergo an abortion;
283          (f) state that any physician who performs an abortion without obtaining the woman's
284     informed consent or without providing her a private medical consultation in accordance with
285     the requirements of this section, may be liable to her for damages in a civil action at law;
286          (g) provide a geographically indexed list of resources and public and private services
287     available to assist, financially or otherwise, a pregnant woman during pregnancy, at childbirth,
288     and while the child is dependent, including:
289          (i) medical assistance benefits for prenatal care, childbirth, and neonatal care;
290          (ii) organizations that offer a free or low-cost ultrasound;
291          [(ii)] (iii) services and supports available under Section 35A-3-308;
292          [(iii)] (iv) other financial aid that may be available during an adoption;
293          [(iv)] (v) services available from public adoption agencies, private adoption agencies,
294     and private attorneys whose practice includes adoption; and
295          [(v)] (vi) the names, addresses, and telephone numbers of each person listed under this
296     Subsection (2)(g);
297          (h) describe the adoption-related expenses that may be paid under Section 76-7-203;
298          (i) describe the persons who may pay the adoption related expenses described in
299     Subsection (2)(h);
300          (j) except as provided in Subsection (4), describe the legal responsibility of the father
301     of a child to assist in child support, even if the father has agreed to pay for an abortion;
302          (k) except as provided in Subsection (4), describe the services available through the
303     Office of Recovery Services, within the Department of Human Services, to establish and
304     collect the support described in Subsection (2)(j);
305          (l) state that private adoption is legal;
306          (m) describe and depict, with pictures or video segments, the probable anatomical and
307     physiological characteristics of an unborn child at two-week gestational increments from
308     fertilization to full term, including:
309          (i) brain and heart function;
310          (ii) the presence and development of external members and internal organs; and
311          (iii) the dimensions of the fetus;
312          (n) show an ultrasound of the heartbeat of an unborn child at:
313          (i) four weeks from conception;
314          (ii) six to eight weeks from conception; and
315          (iii) each month after 10 weeks gestational age, up to 14 weeks gestational age;
316          (o) describe abortion procedures used in current medical practice at the various stages
317     of growth of the unborn child, including:
318          (i) the medical risks associated with each procedure;
319          (ii) the risk related to subsequent childbearing that are associated with each procedure;
320     and
321          (iii) the consequences of each procedure to the unborn child at various stages of fetal
322     development;
323          (p) describe the possible detrimental psychological effects of abortion;
324          (q) describe the medical risks associated with carrying a child to term;
325          (r) include relevant information on the possibility of an unborn child's survival at the
326     two-week gestational increments described in Subsection (2)(m);
327          (s) except as provided in Subsection (5), include:
328          (i) information regarding substantial medical evidence from studies concluding that an
329     unborn child who is at least 20 weeks gestational age may be capable of experiencing pain
330     during an abortion procedure; and
331          (ii) the measures that will be taken in accordance with Section 76-7-308.5;
332          (t) explain the options and consequences of aborting a medication-induced abortion;
333          (u) include the following statement regarding a medication-induced abortion,
334     "Research indicates that mifepristone alone is not always effective in ending a pregnancy. You
335     may still have a viable pregnancy after taking mifepristone. If you have taken mifepristone but
336     have not yet taken the second drug and have questions regarding the health of your fetus or are
337     questioning your decision to terminate your pregnancy, you should consult a physician
338     immediately."; and
339          [(v) inform a pregnant woman that she has the right to view an ultrasound of the
340     unborn child, at no expense to her, upon her request; and]
341          [(w)] (v) be in a typeface large enough to be clearly legible.
342          (3) The information module and website described in Subsection (1) may include a
343     toll-free 24-hour telephone number that may be called in order to obtain, orally, a list and
344     description of services, agencies, and adoption attorneys in the locality of the caller.
345          (4) The department may develop a version of the information module and website that
346     omits the information in Subsections (2)(j) and (k) for a viewer who is pregnant as the result of
347     rape.
348          (5) The department may develop a version of the information module and website that
349     omits the information described in Subsection (2)(s) for a viewer who will have an abortion
350     performed:
351          (a) on an unborn child who is less than 20 weeks gestational age at the time of the
352     abortion; or
353          (b) on an unborn child who is at least 20 weeks gestational age at the time of the
354     abortion, if:
355          (i) the abortion is being performed for a reason described in Subsection
356     76-7-302(3)(b)(i) or (ii); and
357          (ii) due to a serious medical emergency, time does not permit compliance with the
358     requirement to provide the information described in Subsection (2)(s).
359          (6) The department and each local health department shall make the information
360     module and the website described in Subsection (1) available at no cost to any person.
361          (7) The department shall make the website described in Subsection (1) available for
362     viewing on the department's website by clicking on a conspicuous link on the home page of the
363     website.
364          (8) The department shall ensure that the information module is:
365          (a) available to be viewed at all facilities where an abortion may be performed;
366          (b) interactive for the individual viewing the module, including the provision of
367     opportunities to answer questions and manually engage with the module before the module
368     transitions from one substantive section to the next;
369          (c) produced in English and may include subtitles in Spanish or another language; and
370          (d) capable of being viewed on a tablet or other portable device.
371          (9) The department shall present the information module to the Health and Human
372     Services Interim Committee for the committee's review and recommendation before November
373     1, 2018.
374          (10) The department shall release the information module, for the use described in
375     Section 76-7-305, before January 1, 2019.
376          (11) After the department releases the initial version of the information module, for the
377     use described in Section 76-7-305, the department shall:
378          (a) update the information module, as required by law; and
379          (b) present an updated version of the information module to the Health and Human
380     Services Interim Committee for the committee's review and recommendation before releasing
381     the updated version for the use described in Section 76-7-305.
382          Section 4. Section 78B-3-406 is amended to read:
383          78B-3-406. Failure to obtain informed consent -- Proof required of patient --
384     Defenses -- Consent to health care.
385          (1) (a) When a person submits to health care rendered by a health care provider, it is
386     presumed that actions taken by the health care provider are either expressly or impliedly
387     authorized to be done.
388          (b) For a patient to recover damages from a health care provider in an action based
389     upon the provider's failure to obtain informed consent, the patient must prove the following:
390          (i) that a provider-patient relationship existed between the patient and health care
391     provider;
392          (ii) the health care provider rendered health care to the patient;
393          (iii) the patient suffered personal injuries arising out of the health care rendered;
394          (iv) the health care rendered carried with it a substantial and significant risk of causing
395     the patient serious harm;
396          (v) the patient was not informed of the substantial and significant risk;
397          (vi) a reasonable, prudent person in the patient's position would not have consented to
398     the health care rendered after having been fully informed as to all facts relevant to the decision
399     to give consent; and
400          (vii) the unauthorized part of the health care rendered was the proximate cause of
401     personal injuries suffered by the patient.
402          (2) In determining what a reasonable, prudent person in the patient's position would do
403     under the circumstances, the finder of fact shall use the viewpoint of the patient before health
404     care was provided and before the occurrence of any personal injuries alleged to have arisen
405     from said health care.
406          (3) It shall be a defense to any malpractice action against a health care provider based
407     upon alleged failure to obtain informed consent if:
408          (a) the risk of the serious harm which the patient actually suffered was relatively
409     minor;
410          (b) the risk of serious harm to the patient from the health care provider was commonly
411     known to the public;
412          (c) the patient stated, prior to receiving the health care complained of, that he would
413     accept the health care involved regardless of the risk; or that he did not want to be informed of
414     the matters to which he would be entitled to be informed;
415          (d) the health care provider, after considering all of the attendant facts and
416     circumstances, used reasonable discretion as to the manner and extent to which risks were
417     disclosed, if the health care provider reasonably believed that additional disclosures could be
418     expected to have a substantial and adverse effect on the patient's condition; or
419          (e) the patient or the patient's representative executed a written consent which sets forth
420     the nature and purpose of the intended health care and which contains a declaration that the
421     patient accepts the risk of substantial and serious harm, if any, in hopes of obtaining desired
422     beneficial results of health care and which acknowledges that health care providers involved
423     have explained the patient's condition and the proposed health care in a satisfactory manner and
424     that all questions asked about the health care and its attendant risks have been answered in a
425     manner satisfactory to the patient or the patient's representative.
426          (4) The written consent shall be a defense to an action against a health care provider
427     based upon failure to obtain informed consent unless the patient proves that the person giving
428     the consent lacked capacity to consent or shows by clear and convincing evidence that the
429     execution of the written consent was induced by the defendant's affirmative acts of fraudulent
430     misrepresentation or fraudulent omission to state material facts.
431          (5) This act may not be construed to prevent any person 18 years of age or over from
432     refusing to consent to health care for the patient's own person upon personal or religious
433     grounds.
434          (6) Except as provided in Section 76-7-304.5, the following persons are authorized and
435     empowered to consent to any health care not prohibited by law:
436          (a) any parent, whether an adult or a minor, for the parent's minor child;
437          (b) any married person, for a spouse;
438          (c) any person temporarily standing in loco parentis, whether formally serving or not,
439     for the minor under that person's care and any guardian for the guardian's ward;
440          (d) any person 18 years of age or over for that person's parent who is unable by reason
441     of age, physical or mental condition, to provide such consent;
442          (e) any patient 18 years of age or over;
443          (f) any female regardless of age or marital status, when given in connection with her
444     pregnancy or childbirth;
445          (g) in the absence of a parent, any adult for the adult's minor brother or sister;
446          (h) in the absence of a parent, any grandparent for the grandparent's minor grandchild;
447          (i) an emancipated minor as provided in Section 78A-6-805;
448          (j) a minor who has contracted a lawful marriage; and
449          (k) an unaccompanied homeless minor, as that term is defined in the McKinney-Vento
450     Homeless Assistance Act of 1987, Pub. L. 100-77, as amended, who is 15 years of age or older.
451          (7) A person who in good faith consents or authorizes health care treatment or
452     procedures for another as provided by this act may not be subject to civil liability.
453          (8) Notwithstanding any other provision of this section, if a health care provider fails to
454     comply with the requirement in Section 58-1-509, the health care provider is presumed to have
455     lacked informed consent with respect to the patient examination, as defined in Section
456     58-1-509.
457          (9) (a) Notwithstanding any other provision of this section, if a health care provider
458     fails to comply with Subsection 76-7-305(2) before performing an abortion, the health care
459     provider is presumed to have lacked the informed consent of the pregnant woman to perform
460     an abortion.
461          (b) A health care provider may reverse the presumption described in Subsection (9)(a)
462     if the health care provider produces a signed copy of the certificate described in Subsection
463     76-7-305(3)(a)(ii)(A).