Senator Curtis S. Bramble proposes the following substitute bill:


1     
DISPOSITION OF FETAL REMAINS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Karianne Lisonbee

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to the disposition of fetal remains.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires a health care facility having possession of an aborted fetus or miscarried
14     fetus to provide for the final disposition of the fetal remains;
15          ▸     requires a health care facility to provide certain information to a woman regarding
16     the disposition of an aborted fetus or miscarried fetus;
17          ▸     requires a health care provider to notify a woman regarding the right to determine
18     the final disposition of the remains of the aborted fetus before performing an
19     abortion;
20          ▸     requires a health care facility to allow a woman who has a medication-induced
21     abortion to return the aborted fetus to the health care facility for disposition;
22          ▸     requires a health care facility to maintain records that demonstrate compliance with
23     the provisions of this bill;
24          ▸     amends the Funeral Services Licensing Act to allow for the disposition of certain
25     fetal remains;
26          ▸     amends the information that must be included in the abortion information module
27     and website; and
28          ▸     makes technical and conforming changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          26-2-2, as last amended by Laws of Utah 2018, Chapters 49 and 153
36          26-2-17, as last amended by Laws of Utah 2007, Chapter 60
37          26-2-18, as last amended by Laws of Utah 2006, Chapter 56
38          58-9-607, as enacted by Laws of Utah 2008, Chapter 353
39          76-7-305, as last amended by Laws of Utah 2019, Chapters 124 and 189
40          76-7-305.5, as last amended by Laws of Utah 2018, Chapter 282
41     ENACTS:
42          26-21-33, Utah Code Annotated 1953
43          26-21-34, Utah Code Annotated 1953
44          58-9-619, Utah Code Annotated 1953
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 26-2-2 is amended to read:
48          26-2-2. Definitions.
49          As used in this chapter:
50          (1) "Adoption document" means an adoption-related document filed with the office, a
51     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
52     in support of a supplementary birth certificate.
53          (2) "Custodial funeral service director" means a funeral service director who:
54          (a) is employed by a licensed funeral establishment; and
55          (b) has custody of a dead body.
56          (3) "Dead body" or "decedent" means a human body or parts of the human body from
57     the condition of which it reasonably may be concluded that death occurred.
58          (4) "Dead fetus" means a product of human conception, other than those circumstances
59     described in Subsection 76-7-301(1):
60          (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
61     period began to the date of delivery; and
62          (b) that was not born alive.
63          (5) "Declarant father" means a male who claims to be the genetic father of a child, and,
64     along with the biological mother, signs a voluntary declaration of paternity to establish the
65     child's paternity.
66          (6) "Dispositioner" means:
67          (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
68     having the right and duty to control the disposition of the decedent, if the person voluntarily
69     acts as the dispositioner; or
70          (b) the next of kin of the decedent, if:
71          (i) (A) a person has not been designated as described in Subsection (6)(a); or
72          (B) the person described in Subsection (6)(a) is unable or unwilling to exercise the
73     right and duty described in Subsection (6)(a); and
74          (ii) the next of kin voluntarily acts as the dispositioner.
75          (7) "Fetal remains" means:
76          (a) an aborted fetus as that term is defined in Section 26-21-33; or
77          (b) a miscarried fetus as that term is defined in Section 26-21-34.
78          [(7)] (8) "File" means the submission of a completed certificate or other similar
79     document, record, or report as provided under this chapter for registration by the state registrar
80     or a local registrar.
81          [(8)] (9) "Funeral service director" means the same as that term is defined in Section
82     58-9-102.
83          [(9)] (10) "Health care facility" means the same as that term is defined in Section
84     26-21-2.
85          [(10)] (11) "Health care professional" means a physician, physician assistant, or nurse
86     practitioner.
87          [(11)] (12) "Licensed funeral establishment" means:
88          (a) if located in Utah, a funeral service establishment, as that term is defined in Section
89     58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
90          (b) if located in a state, district, or territory of the United States other than Utah, a
91     funeral service establishment that complies with the licensing laws of the jurisdiction where the
92     establishment is located.
93          [(12)] (13) "Live birth" means the birth of a child who shows evidence of life after the
94     child is entirely outside of the mother.
95          [(13)] (14) "Local registrar" means a person appointed under Subsection 26-2-3(3)(b).
96          [(14)] (15) "Nurse practitioner" means an individual who:
97          (a) is licensed to practice as an advanced practice registered nurse under Title 58,
98     Chapter 31b, Nurse Practice Act; and
99          (b) has completed an education program regarding the completion of a certificate of
100     death developed by the department by administrative rule made in accordance with Title 63G,
101     Chapter 3, Utah Administrative Rulemaking Act.
102          [(15)] (16) "Office" means the Office of Vital Records and Statistics within the
103     Department of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act.
104          [(16)] (17) "Physician" means a person licensed to practice as a physician or osteopath
105     in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68,
106     Utah Osteopathic Medical Practice Act.
107          [(17)] (18) "Physician assistant" means an individual who:
108          (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah
109     Physician Assistant Act; and
110          (b) has completed an education program regarding the completion of a certificate of
111     death developed by the department by administrative rule made in accordance with Title 63G,
112     Chapter 3, Utah Administrative Rulemaking Act.
113          [(18)] (19) "Presumed father" means the father of a child conceived or born during a
114     marriage as defined in Section 30-1-17.2.
115          [(19)] (20) "Registration" or "register" means acceptance by the local or state registrar
116     of a certificate and incorporation of the certificate into the permanent records of the state.
117          [(20)] (21) "State registrar" means the state registrar of vital records appointed under
118     Subsection 26-2-3(2)(e).
119          [(21)] (22) "Vital records" means:
120          (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
121     dissolution of marriage, or annulment;
122          (b) amendments to any of the registered certificates or reports described in Subsection
123     [(21)] (22)(a);
124          (c) an adoption document; and
125          (d) other similar documents.
126          [(22)] (23) "Vital statistics" means the data derived from registered certificates and
127     reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce,
128     dissolution of marriage, or annulment.
129          Section 2. Section 26-2-17 is amended to read:
130          26-2-17. Certificate of death -- Registration prerequisite to interment --
131     Burial-transit permits -- Procedure where body donated under anatomical gift law --
132     Permit for disinterment.
133          (1) (a) A dead body or dead fetus may not be interred or otherwise disposed of or
134     removed from the registration district in which death or fetal death occurred or the remains are
135     found until a certificate of death is registered.
136          (b) Subsection (1)(a) does not apply to fetal remains for a fetus that is less than 20
137     weeks in gestational age.
138          (2) (a) For deaths or fetal deaths which occur in this state, no burial-transit permit is
139     required for final disposition of the remains if:
140          [(a)] (i) disposition occurs in the state and is performed by a funeral service director; or
141           [(b)] (ii) the disposition takes place with authorization of the next of kin and in:
142          (A) a general acute hospital[,] as that term is defined in Section 26-21-2, that is
143     licensed by the department[,]; or
144          (B) in a pathology laboratory operated under contract with a general acute hospital
145     licensed by the department.
146          (b) For an abortion or miscarriage that occurs at a health care facility, no burial-transit
147     permit is required for final disposition of the fetal remains if:
148          (i) disposition occurs in the state and is performed by a funeral service director; or
149          (ii) the disposition takes place:
150          (A) with authorization of the parent of a miscarried fetus or the pregnant woman for an
151     aborted fetus; and
152          (B) in a general acute hospital as that term is defined in Section 26-21-2, or a pathology
153     laboratory operated under contract with a general acute hospital.
154          (3) (a) A burial-transit permit shall be issued by the local registrar of the district where
155     the certificate of death or fetal death is registered:
156          [(a)] (i) for [dead bodies or fetuses] a dead body or a dead fetus to be transported out of
157     the state for final disposition; or
158          [(b)] (ii) when disposition of the dead body or dead fetus is made by a person other
159     than a funeral service director.
160          (b) For fetal remains that are less than 20 weeks in gestational age, a burial-transit
161     permit shall be issued by the local registrar of the district where the health care facility that is in
162     possession of the fetal remains is located:
163          (i) for the fetal remains to be transported out of the state for final disposition; or
164          (ii) when disposition of the fetal remains is made by a person other than a funeral
165     service director.
166          (c) A local registrar issuing a burial-transit permit issued under Subsection (3)(b):
167          (i) may not require an individual to designate a name for the fetal remains; and
168          (ii) may leave the space for a name on the burial-transit permit blank; and
169          (d) shall redact from any public records maintained under this chapter any information:
170          (i) that is submitted under Subsection (3)(c); and
171          (ii) that may be used to identify the parent or pregnant woman.
172          (4) A burial-transit permit issued under the law of another state which accompanies a
173     dead body [or], dead fetus, or fetal remains brought into this state is authority for final
174     disposition of the dead body [or], dead fetus, or fetal remains in this state.
175          (5) When a dead body or dead fetus or any part of the dead body or dead fetus has been
176     donated under the Revised Uniform Anatomical Gift Act or similar laws of another state and
177     the preservation of the gift requires the immediate transportation of the dead body, dead fetus,
178     or any part of the body or fetus outside of the registration district in which death occurs or the
179     remains are found, or into this state from another state, the dead body or dead fetus or any part
180     of the body or fetus may be transported and the burial-transit permit required by this section
181     obtained within a reasonable time after transportation.
182          (6) A permit for disinterment and reinterment is required prior to disinterment of a
183     dead body [or], dead fetus, or fetal remains, except as otherwise provided by statute or
184     department rule.
185          Section 3. Section 26-2-18 is amended to read:
186          26-2-18. Interments -- Duties of sexton or person in charge -- Record of
187     interments -- Information filed with local registrar.
188          (1) (a) A sexton or person in charge of any premises in which interments are made may
189     not inter or permit the interment of any dead body [or], dead fetus, or fetal remains unless the
190     interment is made by a funeral service director or by a person holding a burial-transit permit.
191          (b) The right and duty to control the disposition of a deceased person shall be governed
192     by Sections 58-9-601 through 58-9-604.
193          (2) (a) The sexton or the person in charge of any premises where interments are made
194     shall keep a record of all interments made in the premises under [his] their charge, stating the
195     name of the decedent, place of death, date of burial, and name and address of the funeral
196     service director or other person making the interment.
197          (b) The record described in this Subsection (2) shall be open to public inspection.
198          (c) A city or county clerk may, at the clerk's option, maintain the interment records
199     described in this Subsection (2) on behalf of the sexton or person in charge of any premises in
200     which interments are made.
201          (3) (a) Not later than the tenth day of each month, the sexton, person in charge of the
202     premises, or city or county clerk who maintains the interment records shall send to the local
203     registrar and the department a list of all interments made in the premises during the preceding
204     month.
205          (b) The list described in Subsection (3)(a) shall be in the form prescribed by the state
206     registrar.
207          Section 4. Section 26-21-33 is enacted to read:
208          26-21-33. Treatment of aborted remains.
209          (1) As used in this section, "aborted fetus" means a product of human conception,
210     regardless of gestational age, that has died from an abortion as that term is defined in Section
211     76-7-301.
212          (2) (a) A health care facility having possession of an aborted fetus shall provide for the
213     final disposition of the aborted fetus through:
214          (i) cremation as that term is defined in Section 58-9-102; or
215          (ii) interment.
216          (b) Within 120 business days after the day on which an abortion is performed, a health
217     care facility possessing an aborted fetus shall:
218          (i) conduct the final disposition of the aborted fetus in accordance with this section; or
219          (ii) ensure that the aborted fetus is preserved until final disposition.
220          (c) A health care facility shall conduct the final disposition under this section in
221     accordance with applicable state and federal law.
222          (3) Before performing an abortion, a health care facility shall:
223          (a) provide the pregnant woman with the information described in Subsection
224     76-7-305(2)(d)(ix) through:
225          (i) a form approved by the department;
226          (ii) an in-person consultation with a physician; or
227          (iii) an in-person consultation with a mental health therapist as defined in Section
228     58-60-102; and
229          (b) document the pregnant woman's decision under Subsection (4)(b) in the pregnant
230     woman's medical record.
231          (4) A pregnant woman who has an abortion:
232          (a) except as provided in Subsection (6), has the right to control the final disposition of
233     the aborted fetus;
234          (b) shall inform the health care facility of the pregnant woman's decision for final
235     disposition of the aborted fetus;
236          (c) is responsible for the costs related to the final disposition of the aborted fetus at the
237     chosen location if the pregnant woman chooses a method or location for the final disposition of
238     the aborted fetus that is different from the method or location that is usual and customary for
239     the health care facility; and
240          (d) for a medication-induced abortion, shall be permitted to return the aborted fetus to
241     the health care facility in a sealed container for disposition by the health care facility in
242     accordance with this section.
243          (5) The form described in Subsection (3)(a)(i) shall include the following information:
244          "You have the right to decide what you would like to do with the aborted fetus. You
245     may decide for the provider to be responsible for disposition of the fetus. If you are having a
246     medication-induced abortion, you also have the right to bring the aborted fetus back to this
247     provider for disposition after the fetus is expelled. The provider may dispose of the aborted
248     fetus by burial or cremation. You can ask the provider if you want to know the specific method
249     for disposition."
250          (6) If the pregnant woman is a minor, the health care facility shall obtain parental
251     consent for the disposition of the aborted fetus unless the minor is granted a court order under
252     Subsection 76-7-304(1)(b).
253          (7) (a) A health care facility may not include fetal remains with other biological,
254     infectious, or pathological waste.
255          (b) Notwithstanding Subsection 58-9-610(4), an aborted fetus may be cremated by
256     simultaneous cremation.
257          (c) Fetal tissue that is submitted to a pathology or genetic laboratory for the purpose of
258     conducting an examination of the fetal tissue is not subject to the requirements of this section.
259          (d) (i) A health care facility is responsible for maintaining a record to demonstrate to
260     the department that the health care facility has complied with the provisions of this section.
261          (ii) The records described in Subsection (7)(d)(i) shall be:
262          (A) maintained for at least two years; and
263          (B) made available to the department for inspection upon request by the department.
264          Section 5. Section 26-21-34 is enacted to read:
265          26-21-34. Treatment of miscarried remains.
266          (1) As used in this section, "miscarried fetus" means a product of human conception,
267     regardless of gestational age, that has died from a spontaneous or accidental death before
268     expulsion or extraction from the mother, regardless of the duration of the pregnancy.
269          (2) (a) A health care facility having possession of a miscarried fetus shall provide for
270     the final disposition of the miscarried fetus through:
271          (i) cremation as that term is defined in Section 58-9-102; or
272          (ii) interment.
273          (b) Within 120 business days after the day on which a miscarriage occurs, a health care
274     facility possessing miscarried remains shall:
275          (i) conduct the final disposition of the miscarried remains in accordance with this
276     section; or
277          (ii) ensure that the miscarried remains are preserved until final disposition.
278          (c) A health care facility shall conduct the final disposition under this section in
279     accordance with applicable state and federal law.
280          (3) (a) No more than 24 hours after a woman has her miscarried fetus expelled or
281     extracted in a health care facility, the health care facility shall provide information to the parent
282     or parents of the miscarried fetus regarding:
283          (i) the parents' right to determine the final disposition of the miscarried fetus;
284          (ii) the available options for disposition of the miscarried fetus; and
285          (iii) counseling that may be available concerning the death of the miscarried fetus.
286          (b) A health care facility shall:
287          (i) provide the information described in Subsection (3)(a) through:
288          (A) a form approved by the department;
289          (B) an in-person consultation with a physician; or
290          (C) an in-person consultation with a mental health therapist as defined in Section
291     58-60-102; and
292          (ii) document the parent's decision under Subsection (4)(b) in the parent's medical
293     record.
294          (4) The parents of a miscarried fetus:
295          (a) have the right to control the final disposition of the miscarried fetus;
296          (b) shall inform the health care facility of the parents' decision for final disposition of
297     the miscarried fetus; and
298          (c) are responsible for the costs related to the final disposition of the miscarried fetus at
299     the chosen location if the parents choose a method or location for the final disposition of the
300     miscarried fetus that is different from the method or location that is usual and customary for the
301     health care facility.
302          (5) The form described in Subsection (3)(b)(i) shall include the following information:
303          "You have the right to decide what you would like to do with the miscarried fetus. You
304     may decide for the provider to be responsible for disposition of the fetus. The provider may
305     dispose of the miscarried fetus by burial or cremation. You can ask the provider if you want to
306     know the specific method for disposition."
307          (6) (a) A health care facility may not include miscarried fetus with other biological,
308     infectious, or pathological waste.
309          (b) Notwithstanding Subsection 58-9-610(4), a miscarried fetus may be cremated by
310     simultaneous cremation.
311          (c) Fetal tissue that is submitted to a pathology or genetic laboratory for the purpose of
312     conducting an examination of the fetal tissue is not subject to the requirements of this section.
313          (d) (i) A health care facility is responsible for maintaining a record to demonstrate to
314     the department that the health care facility has complied with the provisions of this section.
315          (ii) The records described in Subsection (6)(d)(i) shall be:
316          (A) maintained for at least two years; and
317          (B) made available to the department for inspection upon request by the department.
318          Section 6. Section 58-9-607 is amended to read:
319          58-9-607. Authorization to cremate -- Penalties for removal of items from human
320     remains.
321          (1) Except as otherwise provided in this section and Section 58-9-619, a funeral service
322     establishment may not cremate human remains until it has received:
323          (a) a cremation authorization form signed by an authorizing agent;
324          (b) a completed and executed burial transit permit or similar document, as provided by
325     state law, indicating that human remains are to be cremated; and
326          (c) any other documentation required by the state, county, or municipality.
327          (2) (a) The cremation authorization form shall contain, at a minimum, the following
328     information:
329          (i) the identity of the human remains and the time and date of death, including a signed
330     declaration of visual identification of the deceased or refusal to visually identify the deceased;
331          (ii) the name of the funeral director and funeral service establishment that obtained the
332     cremation authorization;
333          (iii) notification as to whether the death occurred from a disease declared by the
334     department of health to be infectious, contagious, communicable, or dangerous to the public
335     health;
336          (iv) the name of the authorizing agent and the relationship between the authorizing
337     agent and the decedent;
338          (v) a representation that the authorizing agent has the right to authorize the cremation
339     of the decedent and that the authorizing agent is not aware of any living person with a superior
340     or equal priority right to that of the authorizing agent, except that if there is another living
341     person with a superior or equal priority right, the form shall contain a representation that the
342     authorizing agent has:
343          (A) made reasonable efforts to contact that person;
344          (B) been unable to do so; and
345          (C) no reason to believe that the person would object to the cremation of the decedent;
346          (vi) authorization for the funeral service establishment to cremate the human remains;
347          (vii) a representation that the human remains do not contain a pacemaker or other
348     material or implant that may be potentially hazardous or cause damage to the cremation
349     chamber or the person performing the cremation;
350          (viii) the name of the person authorized to receive the cremated remains from the
351     funeral service establishment;
352          (ix) the manner in which the final disposition of the cremated remains is to take place,
353     if known;
354          (x) a listing of each item of value to be delivered to the funeral service establishment
355     along with the human remains, and instructions as to how each item should be handled;
356          (xi) the signature of the authorizing agent, attesting to the accuracy of all
357     representations contained on the authorization form;
358          (xii) if the cremation authorization form is being executed on a preneed basis, the form
359     shall contain the disclosure required for preneed programs under this chapter; and
360          (xiii) except for a preneed cremation authorization, the signature of the funeral director
361     of the funeral service establishment that obtained the cremation authorization.
362          (b) (i) The individual [referred to] described in Subsection (2)(a)(xiii) shall execute the
363     funeral authorization form as a witness and is not responsible for any of the representations
364     made by the authorizing agent.
365          (ii) The funeral director or the funeral service establishment shall warrant to the
366     crematory that the human remains delivered to the funeral service establishment have been
367     positively identified as the decedent listed on the cremation authorization form by the
368     authorizing agent or a designated representative of the authorizing agent.
369          (iii) The authorizing agent or the agent's designee may make the identification referred
370     to in Subsection (2)(b)(ii) in person or by photograph.
371          (3) (a) [A] Except as provided in Section 58-9-619, a funeral service establishment
372     may not accept unidentified human remains for cremation.
373          (b) If a funeral service establishment takes custody of a cremation container subsequent
374     to the human remains being placed within the container, it can rely on the identification made
375     before the remains were placed in the container.
376          (c) The funeral service establishment shall place appropriate identification on the
377     exterior of the cremation container based on the prior identification.
378          (4) (a) A person who removes or possesses dental gold or silver, jewelry, or mementos
379     from human remains:
380          (i) with purpose to deprive another over control of the property is guilty of an offense
381     and subject to the punishments provided in Section 76-6-412;
382          (ii) with purpose to exercise unauthorized control and with intent to temporarily
383     deprive another of control over the property is guilty of an offense and subject to the
384     punishments provided in Section 76-6-404.5; and
385          (iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without
386     specific written permission of the individual who has the right to control those remains is guilty
387     of a class B misdemeanor.
388          (b) The fact that residue or any unavoidable dental gold or dental silver or other
389     precious metals remain in a cremation chamber or other equipment or a container used in a
390     prior cremation is not a violation of Subsection (4)(a).
391          Section 7. Section 58-9-619 is enacted to read:
392          58-9-619. Exception for disposition of fetal remains.
393          (1) As used in this section, "fetal remains" means the same as that term is defined in
394     Section 26-2-2.
395          (2) Notwithstanding any other provision in this part, a funeral service establishment:
396          (a) is exempt from any requirement to name the miscarried fetus or the aborted fetus:
397          (i) for the purpose of identifying the fetal remains; or
398          (ii) for any record keeping requirements under this chapter; and
399          (b) is not required to obtain a death certificate or fetal death certificate for the
400     cremation or disposition of fetal remains that are less than 20 weeks in gestational age.
401          Section 8. Section 76-7-305 is amended to read:
402          76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
403     -- Exceptions.
404          (1) A person may not perform an abortion, unless, before performing the abortion, the
405     physician who will perform the abortion obtains from the woman on whom the abortion is to
406     be performed a voluntary and informed written consent that is consistent with:
407          (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
408     Current Opinions; and
409          (b) the provisions of this section.
410          (2) Except as provided in Subsection (8), consent to an abortion is voluntary and
411     informed only if, at least 72 hours before the abortion:
412          (a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
413     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
414     physician's assistant presents the information module to the pregnant woman;
415          (b) the pregnant woman views the entire information module and presents evidence to
416     the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
417     information module;
418          (c) after receiving the evidence described in Subsection (2)(b), the individual described
419     in Subsection (2)(a):
420          (i) documents that the pregnant woman viewed the entire information module;
421          (ii) gives the pregnant woman, upon her request, a copy of the documentation
422     described in Subsection (2)(c)(i); and
423          (iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
424     who is to perform the abortion, upon request of that physician or the pregnant woman;
425          (d) after the pregnant woman views the entire information module, the physician who
426     is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
427     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
428     physician's assistant, in a face-to-face consultation in any location in the state, orally informs
429     the woman of:
430          (i) the nature of the proposed abortion procedure;
431          (ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
432     fetus;
433          (iii) the risks and alternatives to the abortion procedure or treatment;
434          (iv) the options and consequences of aborting a medication-induced abortion, if the
435     proposed abortion procedure is a medication-induced abortion;
436          (v) the probable gestational age and a description of the development of the unborn
437     child at the time the abortion would be performed;
438          (vi) the medical risks associated with carrying her child to term;
439          (vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
440     woman, upon her request; and
441          (viii) when the result of a prenatal screening or diagnostic test indicates that the unborn
442     child has or may have Down syndrome, the Department of Health website containing the
443     information described in Section 26-10-14, including the information on the informational
444     support sheet; and
445          (e) after the pregnant woman views the entire information module, a staff member of
446     the abortion clinic or hospital provides to the pregnant woman:
447          (i) on a document that the pregnant woman may take home:
448          (A) the address for the department's website described in Section 76-7-305.5; and
449          (B) a statement that the woman may request, from a staff member of the abortion clinic
450     or hospital where the woman viewed the information module, a printed copy of the material on
451     the department's website; [and]
452          (ii) a printed copy of the material on the department's website described in Section
453     76-7-305.5, if requested by the pregnant woman[.]; and
454          (iii) a copy of the form described in Subsection 26-21-33(3)(a)(i) regarding the
455     disposition of the aborted fetus.
456          (3) Before performing an abortion, the physician who is to perform the abortion shall:
457          (a) in a face-to-face consultation, provide the information described in Subsection
458     (2)(d), unless the attending physician or referring physician is the individual who provided the
459     information required under Subsection (2)(d); and
460          (b) (i) obtain from the pregnant woman a written certification that the information
461     required to be provided under Subsection (2) and this Subsection (3) was provided in
462     accordance with the requirements of Subsection (2) and this Subsection (3);[ and]
463          (ii) obtain a copy of the statement described in Subsection (2)(c)(i)[.]; and
464          (iii) ensure that, in accordance with Subsections 26-21-33(3) and (4), the woman has
465     received information and made a decision regarding the disposition of the aborted fetus.
466          (4) When a serious medical emergency compels the performance of an abortion, the
467     physician shall inform the woman prior to the abortion, if possible, of the medical indications
468     supporting the physician's judgment that an abortion is necessary.
469          (5) If an ultrasound is performed on a woman before an abortion is performed, the
470     individual who performs the ultrasound, or another qualified individual, shall:
471          (a) inform the woman that the ultrasound images will be simultaneously displayed in a
472     manner to permit her to:
473          (i) view the images, if she chooses to view the images; or
474          (ii) not view the images, if she chooses not to view the images;
475          (b) simultaneously display the ultrasound images in order to permit the woman to:
476          (i) view the images, if she chooses to view the images; or
477          (ii) not view the images, if she chooses not to view the images;
478          (c) inform the woman that, if she desires, the person performing the ultrasound, or
479     another qualified person shall provide a detailed description of the ultrasound images,
480     including:
481          (i) the dimensions of the unborn child;
482          (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
483          (iii) the presence of external body parts or internal organs, if present and viewable; and
484          (d) provide the detailed description described in Subsection (5)(c), if the woman
485     requests it.
486          (6) The information described in Subsections (2), (3), and (5) is not required to be
487     provided to a pregnant woman under this section if the abortion is performed for a reason
488     described in:
489          (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
490     concur, in writing, that the abortion is necessary to avert:
491          (i) the death of the woman on whom the abortion is performed; or
492          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
493     of the woman on whom the abortion is performed; or
494          (b) Subsection 76-7-302(3)(b)(ii).
495          (7) In addition to the criminal penalties described in this part, a physician who violates
496     the provisions of this section:
497          (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
498     and
499          (b) shall be subject to:
500          (i) suspension or revocation of the physician's license for the practice of medicine and
501     surgery in accordance with Section 58-67-401 or 58-68-401; and
502          (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
503          (8) A physician is not guilty of violating this section for failure to furnish any of the
504     information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
505          (a) the physician can demonstrate by a preponderance of the evidence that the
506     physician reasonably believed that furnishing the information would have resulted in a severely
507     adverse effect on the physical or mental health of the pregnant woman;
508          (b) in the physician's professional judgment, the abortion was necessary to avert:
509          (i) the death of the woman on whom the abortion is performed; or
510          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
511     of the woman on whom the abortion is performed;
512          (c) the pregnancy was the result of rape or rape of a child, as defined in Sections
513     76-5-402 and 76-5-402.1;
514          (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(2)(j) and
515     Section 76-7-102; or
516          (e) at the time of the abortion, the pregnant woman was 14 years of age or younger.
517          (9) A physician who complies with the provisions of this section and Section
518     76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
519     informed consent under Section 78B-3-406.
520          (10) (a) The department shall provide an ultrasound, in accordance with the provisions
521     of Subsection (5)(b), at no expense to the pregnant woman.
522          (b) A local health department shall refer a pregnant woman who requests an ultrasound
523     described in Subsection (10)(a) to the department.
524          (11) A physician is not guilty of violating this section if:
525          (a) the information described in Subsection (2) is provided less than 72 hours before
526     the physician performs the abortion; and
527          (b) in the physician's professional judgment, the abortion was necessary in a case
528     where:
529          (i) a ruptured membrane, documented by the attending or referring physician, will
530     cause a serious infection; or
531          (ii) a serious infection, documented by the attending or referring physician, will cause a
532     ruptured membrane.
533          Section 9. Section 76-7-305.5 is amended to read:
534          76-7-305.5. Requirements for information module and website.
535          (1) In order to ensure that a woman's consent to an abortion is truly an informed
536     consent, the department shall, in accordance with the requirements of this section, develop an
537     information module and maintain a public website.
538          (2) The information module and public website described in Subsection (1) shall:
539          (a) be scientifically accurate, comprehensible, and presented in a truthful,
540     nonmisleading manner;
541          (b) present adoption as a preferred and positive choice and alternative to abortion;
542          (c) be produced in a manner that conveys the state's preference for childbirth over
543     abortion;
544          (d) state that the state prefers childbirth over abortion;
545          (e) state that it is unlawful for any person to coerce a woman to undergo an abortion;
546          (f) state that any physician who performs an abortion without obtaining the woman's
547     informed consent or without providing her a private medical consultation in accordance with
548     the requirements of this section, may be liable to her for damages in a civil action at law;
549          (g) provide a geographically indexed list of resources and public and private services
550     available to assist, financially or otherwise, a pregnant woman during pregnancy, at childbirth,
551     and while the child is dependent, including:
552          (i) medical assistance benefits for prenatal care, childbirth, and neonatal care;
553          (ii) services and supports available under Section 35A-3-308;
554          (iii) other financial aid that may be available during an adoption;
555          (iv) services available from public adoption agencies, private adoption agencies, and
556     private attorneys whose practice includes adoption; and
557          (v) the names, addresses, and telephone numbers of each person listed under this
558     Subsection (2)(g);
559          (h) describe the adoption-related expenses that may be paid under Section 76-7-203;
560          (i) describe the persons who may pay the adoption related expenses described in
561     Subsection (2)(h);
562          (j) except as provided in Subsection (4), describe the legal responsibility of the father
563     of a child to assist in child support, even if the father has agreed to pay for an abortion;
564          (k) except as provided in Subsection (4), describe the services available through the
565     Office of Recovery Services, within the Department of Human Services, to establish and
566     collect the support described in Subsection (2)(j);
567          (l) state that private adoption is legal;
568          (m) describe and depict, with pictures or video segments, the probable anatomical and
569     physiological characteristics of an unborn child at two-week gestational increments from
570     fertilization to full term, including:
571          (i) brain and heart function;
572          (ii) the presence and development of external members and internal organs; and
573          (iii) the dimensions of the fetus;
574          (n) show an ultrasound of the heartbeat of an unborn child at:
575          (i) four weeks from conception;
576          (ii) six to eight weeks from conception; and
577          (iii) each month after 10 weeks gestational age, up to 14 weeks gestational age;
578          (o) describe abortion procedures used in current medical practice at the various stages
579     of growth of the unborn child, including:
580          (i) the medical risks associated with each procedure;
581          (ii) the risk related to subsequent childbearing that are associated with each procedure;
582     and
583          (iii) the consequences of each procedure to the unborn child at various stages of fetal
584     development;
585          (p) describe the possible detrimental psychological effects of abortion;
586          (q) describe the medical risks associated with carrying a child to term;
587          (r) include relevant information on the possibility of an unborn child's survival at the
588     two-week gestational increments described in Subsection (2)(m);
589          (s) except as provided in Subsection (5), include:
590          (i) information regarding substantial medical evidence from studies concluding that an
591     unborn child who is at least 20 weeks gestational age may be capable of experiencing pain
592     during an abortion procedure; and
593          (ii) the measures that will be taken in accordance with Section 76-7-308.5;
594          (t) explain the options and consequences of aborting a medication-induced abortion;
595          (u) include the following statement regarding a medication-induced abortion,
596     "Research indicates that mifepristone alone is not always effective in ending a pregnancy. You
597     may still have a viable pregnancy after taking mifepristone. If you have taken mifepristone but
598     have not yet taken the second drug and have questions regarding the health of your fetus or are
599     questioning your decision to terminate your pregnancy, you should consult a physician
600     immediately.";
601          (v) inform a pregnant woman that she has the right to view an ultrasound of the unborn
602     child, at no expense to her, upon her request; [and]
603          (w) inform a pregnant woman that she has the right to:
604          (i) determine the final disposition of the remains of the aborted fetus;
605          (ii) receive information about options for disposition of the aborted fetus, including the
606     method of disposition that is usual and customary for a health care facility; and
607          (iii) for a medication-induced abortion, return the aborted fetus to the health care
608     facility for disposition; and
609          [(w)] (x) be in a typeface large enough to be clearly legible.
610          (3) The information module and website described in Subsection (1) may include a
611     toll-free 24-hour telephone number that may be called in order to obtain, orally, a list and
612     description of services, agencies, and adoption attorneys in the locality of the caller.
613          (4) The department may develop a version of the information module and website that
614     omits the information in Subsections (2)(j) and (k) for a viewer who is pregnant as the result of
615     rape.
616          (5) The department may develop a version of the information module and website that
617     omits the information described in Subsection (2)(s) for a viewer who will have an abortion
618     performed:
619          (a) on an unborn child who is less than 20 weeks gestational age at the time of the
620     abortion; or
621          (b) on an unborn child who is at least 20 weeks gestational age at the time of the
622     abortion, if:
623          (i) the abortion is being performed for a reason described in Subsection
624     76-7-302(3)(b)(i) or (ii); and
625          (ii) due to a serious medical emergency, time does not permit compliance with the
626     requirement to provide the information described in Subsection (2)(s).
627          (6) The department and each local health department shall make the information
628     module and the website described in Subsection (1) available at no cost to any person.
629          (7) The department shall make the website described in Subsection (1) available for
630     viewing on the department's website by clicking on a conspicuous link on the home page of the
631     website.
632          (8) The department shall ensure that the information module is:
633          (a) available to be viewed at all facilities where an abortion may be performed;
634          (b) interactive for the individual viewing the module, including the provision of
635     opportunities to answer questions and manually engage with the module before the module
636     transitions from one substantive section to the next;
637          (c) produced in English and may include subtitles in Spanish or another language; and
638          (d) capable of being viewed on a tablet or other portable device.
639          [(9) The department shall present the information module to the Health and Human
640     Services Interim Committee for the committee's review and recommendation before November
641     1, 2018.]
642          [(10) The department shall release the information module, for the use described in
643     Section 76-7-305, before January 1, 2019.]
644          [(11)] (9) After the department releases the initial version of the information module,
645     for the use described in Section 76-7-305, the department shall:
646          (a) update the information module, as required by law; and
647          (b) present an updated version of the information module to the Health and Human
648     Services Interim Committee for the committee's review and recommendation before releasing
649     the updated version for the use described in Section 76-7-305.