7 LONG TITLE
8 General Description:
9 This bill prohibits a pregnant woman from receiving an abortion, with limited
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ prohibits an abortion at any stage of a pregnant woman's pregnancy, except under
15 certain circumstances;
16 ▸ provides penalties for a physician who performs an unlawful abortion; and
17 ▸ provides that, upon enactment, the provisions of this bill supercede any conflicting
19 Money Appropriated in this Bill:
21 Other Special Clauses:
22 This bill provides a contingent effective date.
23 Utah Code Sections Affected:
25 76-7a-101, Utah Code Annotated 1953
26 76-7a-201, Utah Code Annotated 1953
27 76-7a-301, Utah Code Annotated 1953
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-7a-101 is enacted to read:
32 76-7a-101. Definitions.
33 As used in this chapter:
34 (1) (a) "Abortion" means:
35 (i) the intentional termination or attempted termination of human pregnancy after
36 implantation of a fertilized ovum through a medical procedure carried out by a physician or
37 through a substance used under the direction of a physician;
38 (ii) the intentional killing or attempted killing of a live unborn child through a medical
39 procedure carried out by a physician or through a substance used under the direction of a
40 physician; or
41 (iii) the intentional causing or attempted causing of a miscarriage through a medical
42 procedure carried out by a physician or through a substance used under the direction of a
44 (b) "Abortion" does not include:
45 (i) removal of a dead unborn child;
46 (ii) removal of an ectopic pregnancy; or
47 (iii) the killing or attempted killing of an unborn child without the consent of the
48 pregnant woman, unless:
49 (A) the killing or attempted killing is done through a medical procedure carried out by
50 a physician or through a substance used under the direction of a physician; and
51 (B) the physician is unable to obtain the consent due to a medical emergency.
52 (2) "Abortion clinic" means a type I abortion clinic licensed by the state or a type II
53 abortion clinic licensed by the state.
54 (3) "Department" means the Department of Health.
55 (4) "Down syndrome" means a genetic condition associated with an extra chromosome
56 21, in whole or in part, or an effective trisomy for chromosome 21.
57 (5) "Hospital" means:
58 (a) a general hospital licensed by the department; or
59 (b) a clinic or other medical facility to the extent the clinic or other medical facility is
60 certified by the department as providing equipment and personnel sufficient in quantity and
61 quality to provide the same degree of safety to a pregnant woman and an unborn child as would
62 be provided for the particular medical procedure undertaken by a general hospital licensed by
63 the department.
64 (6) "Incest" means the same as that term is defined in Title 78A, Chapter 6, Juvenile
65 Court Act.
66 (7) "Medical emergency" means a condition which, on the basis of the physician's good
67 faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
68 immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
69 risk of substantial and irreversible impairment of major bodily function.
70 (8) "Physician" means:
71 (a) a medical doctor licensed to practice medicine and surgery in the state;
72 (b) an osteopathic physician licensed to practice osteopathic medicine in the state; or
73 (c) a physician employed by the federal government who has qualifications similar to
74 an individual described in Subsection (8)(a) or (b).
75 (9) "Rape" means the same as that term is defined in Title 76, Utah Criminal Code.
76 (10) (a) "Severe brain abnormality" means a malformation or defect that causes an
77 individual to live in a mentally vegetative state.
78 (b) "Severe brain abnormality" does not include:
79 (i) Down syndrome;
80 (ii) spina bifida;
81 (iii) cerebral palsy; or
82 (iv) any other malformation, defect, or condition that does not cause an individual to
83 live in a mentally vegetative state.
84 Section 2. Section 76-7a-201 is enacted to read:
86 76-7a-201. Abortion prohibition -- Exceptions -- Penalties.
87 (1) An abortion may be performed in this state only under the following circumstances:
88 (a) the abortion is necessary to avert:
89 (i) the death of the woman on whom the abortion is performed; or
90 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
91 of the woman on whom the abortion is performed;
92 (b) two physicians who practice maternal fetal medicine concur, in writing, in the
93 patient's medical record that the fetus:
94 (i) has a defect that is uniformly diagnosable and uniformly lethal; or
95 (ii) has a severe brain abnormality that is uniformly diagnosable; or
96 (c) (i) the woman is pregnant as a result of:
97 (A) rape;
98 (B) rape of a child; or
99 (C) incest; and
100 (ii) before the abortion is performed, the physician who performs the abortion:
101 (A) verifies that the incident described in Subsection (1)(c)(i) has been reported to law
102 enforcement; and
103 (B) if applicable, complies with requirements related to reporting suspicions of or
104 known child abuse.
105 (2) An abortion may be performed only:
106 (a) by a physician; and
107 (b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in
108 another location due to a medical emergency.
109 (3) A person who performs an abortion in violation of this section is guilty of a second
110 degree felony.
111 (4) In addition to the penalty described in Subsection (3), the department may take
112 appropriate corrective action against an abortion clinic, including revoking the abortion clinic's
113 license, if a violation of this chapter occurs at the abortion clinic.
114 (5) The department shall report a physician's violation of any provision of this section
115 to the state entity that regulates the licensing of a physician.
116 Section 3. Section 76-7a-301 is enacted to read:
118 76-7a-301. Superseding clause.
119 If, at the time this chapter takes effect, any provision in the Utah Code conflicts with a
120 provision of this chapter, the provision of this chapter supersedes the conflicting provision.
121 Section 4. Contingent effective date.
122 (1) As used in this section, "a court of binding authority" means:
123 (a) the United States Supreme Court; or
124 (b) after the right to appeal has been exhausted:
125 (i) the United States Court of Appeals for the Tenth Circuit;
126 (ii) the Utah Supreme Court; or
127 (iii) the Utah Court of Appeals.
128 (2) The provisions of this bill take effect on the date that the legislative general counsel
129 certifies to the Legislative Management Committee that a court of binding authority has held
130 that a state may prohibit the abortion of an unborn child at any time during the gestational
131 period, subject to the exceptions enumerated in this bill.