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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 [
79 document, record, or report as provided under this chapter for registration by the state registrar
80 or a local registrar.
81 [
82 58-9-102.
83 [
84 26-21-2.
85 [
86 practitioner.
87 [
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 [
94 child is entirely outside of the mother.
95 [
96 [
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 [
103 Department of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act.
104 [
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 [
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 [
114 marriage as defined in Section 30-1-17.2.
115 [
116 of a certificate and incorporation of the certificate into the permanent records of the state.
117 [
118 Subsection 26-2-3(2)(e).
119 [
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 [
124 (c) an adoption document; and
125 (d) other similar documents.
126 [
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 [
141 [
142 (A) a general acute hospital[
143 licensed by the department[
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 [
157 the state for final disposition; or
158 [
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 [
174 disposition of the dead body [
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 [
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 [
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 [
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) A health care facility may not conduct the final disposition of an aborted fetus less
217 than 72 hours after an abortion is performed unless:
218 (i) the pregnant woman authorizes the health care facility, in writing, to conduct the
219 final disposition of the aborted fetus less than 72 hours after the abortion is performed; or
220 (ii) immediate disposition is required under state or federal law.
221 (c) A health care facility may serve as an authorizing agent as defined in Section
222 58-9-102 with respect to the final disposition of an aborted fetus if:
223 (i) the pregnant woman provides written authorization for the health care facility to act
224 as the authorizing agent; or
225 (ii) (A) more than 72 hours have passed since the abortion was performed; and
226 (B) the pregnant woman did not exercise her right to control the final disposition of the
227 aborted fetus under Subsection (4)(a).
228 (d) Within 120 business days after the day on which an abortion is performed, a health
229 care facility possessing an aborted fetus shall:
230 (i) conduct the final disposition of the aborted fetus in accordance with this section; or
231 (ii) ensure that the aborted fetus is preserved until final disposition.
232 (e) A health care facility shall conduct the final disposition under this section in
233 accordance with applicable state and federal law.
234 (3) Before performing an abortion, a health care facility shall:
235 (a) provide the pregnant woman with the information described in Subsection
236 76-7-305(2)(d)(ix) through:
237 (i) a form approved by the department;
238 (ii) an in-person consultation with a physician; or
239 (iii) an in-person consultation with a mental health therapist as defined in Section
240 58-60-102; and
241 (b) if the pregnant woman makes a decision under Subsection (4)(b), document the
242 pregnant woman's decision under Subsection (4)(b) in the pregnant woman's medical record.
243 (4) A pregnant woman who has an abortion:
244 (a) except as provided in Subsection (6), has the right to control the final disposition of
245 the aborted fetus;
246 (b) if the pregnant woman has a preference for disposition of the aborted fetus, shall
247 inform the health care facility of the pregnant woman's decision for final disposition of the
248 aborted fetus;
249 (c) is responsible for the costs related to the final disposition of the aborted fetus at the
250 chosen location if the pregnant woman chooses a method or location for the final disposition of
251 the aborted fetus that is different from the method or location that is usual and customary for
252 the health care facility; and
253 (d) for a medication-induced abortion, shall be permitted to return the aborted fetus to
254 the health care facility in a sealed container for disposition by the health care facility in
255 accordance with this section.
256 (5) The form described in Subsection (3)(a)(i) shall include the following information:
257 "You have the right to decide what you would like to do with the aborted fetus. You
258 may decide for the provider to be responsible for disposition of the fetus. If you are having a
259 medication-induced abortion, you also have the right to bring the aborted fetus back to this
260 provider for disposition after the fetus is expelled. The provider may dispose of the aborted
261 fetus by burial or cremation. You can ask the provider if you want to know the specific method
262 for disposition."
263 (6) If the pregnant woman is a minor, the health care facility shall obtain parental
264 consent for the disposition of the aborted fetus unless the minor is granted a court order under
265 Subsection 76-7-304(1)(b).
266 (7) (a) A health care facility may not include fetal remains with other biological,
267 infectious, or pathological waste.
268 (b) Fetal tissue that is a permanently fixed pathological specimen is not subject to the
269 requirements of this section.
270 (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
271 the department that the health care facility has complied with the provisions of this section.
272 (ii) The records described in Subsection (7)(c)(i) shall be:
273 (A) maintained for at least two years; and
274 (B) made available to the department for inspection upon request by the department.
275 Section 5. Section 26-21-34 is enacted to read:
276 26-21-34. Treatment of miscarried remains.
277 (1) As used in this section, "miscarried fetus" means a product of human conception,
278 regardless of gestational age, that has died from a spontaneous or accidental death before
279 expulsion or extraction from the mother, regardless of the duration of the pregnancy.
280 (2) (a) A health care facility having possession of a miscarried fetus shall provide for
281 the final disposition of the miscarried fetus through:
282 (i) cremation as that term is defined in Section 58-9-102; or
283 (ii) interment.
284 (b) A health care facility may not conduct the final disposition of a miscarried fetus
285 less than 72 hours after a woman has her miscarried fetus expelled or extracted in the health
286 care facility unless:
287 (i) the parent authorizes the health care facility, in writing, to conduct the final
288 disposition of the miscarried fetus less than 72 hours after the miscarriage occurs; or
289 (ii) immediate disposition is required under state or federal law.
290 (c) A health care facility may serve as an authorizing agent as defined in Section
291 58-9-102 with respect to the final disposition of a miscarried fetus if:
292 (i) the parent provides written authorization for the health care facility to act as the
293 authorizing agent; or
294 (ii) (A) more than 72 hours have passed since the miscarriage occurs; and
295 (B) the parent did not exercise their right to control the final disposition of the
296 miscarried fetus under Subsection (4)(a).
297 (c) Within 120 business days after the day on which a miscarriage occurs, a health care
298 facility possessing miscarried remains shall:
299 (i) conduct the final disposition of the miscarried remains in accordance with this
300 section; or
301 (ii) ensure that the miscarried remains are preserved until final disposition.
302 (d) A health care facility shall conduct the final disposition under this section in
303 accordance with applicable state and federal law.
304 (3) (a) No more than 24 hours after a woman has her miscarried fetus expelled or
305 extracted in a health care facility, the health care facility shall provide information to the parent
306 or parents of the miscarried fetus regarding:
307 (i) the parents' right to determine the final disposition of the miscarried fetus;
308 (ii) the available options for disposition of the miscarried fetus; and
309 (iii) counseling that may be available concerning the death of the miscarried fetus.
310 (b) A health care facility shall:
311 (i) provide the information described in Subsection (3)(a) through:
312 (A) a form approved by the department;
313 (B) an in-person consultation with a physician; or
314 (C) an in-person consultation with a mental health therapist as defined in Section
315 58-60-102; and
316 (ii) if the parent or parents make a decision under Subsection (4)(b), document the
317 parent's decision under Subsection (4)(b) in the parent's medical record.
318 (4) The parents of a miscarried fetus:
319 (a) have the right to control the final disposition of the miscarried fetus;
320 (b) if the parents have a preference for disposition of the miscarried fetus, shall inform
321 the health care facility of the parents' decision for final disposition of the miscarried fetus; and
322 (c) are responsible for the costs related to the final disposition of the miscarried fetus at
323 the chosen location if the parents choose a method or location for the final disposition of the
324 miscarried fetus that is different from the method or location that is usual and customary for the
325 health care facility.
326 (5) The form described in Subsection (3)(b)(i) shall include the following information:
327 "You have the right to decide what you would like to do with the miscarried fetus. You
328 may decide for the provider to be responsible for disposition of the fetus. The provider may
329 dispose of the miscarried fetus by burial or cremation. You can ask the provider if you want to
330 know the specific method for disposition."
331 (6) (a) A health care facility may not include miscarried fetus with other biological,
332 infectious, or pathological waste.
333 (b) Fetal tissue that is a permanently fixed pathological specimen is not subject to the
334 requirements of this section.
335 (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
336 the department that the health care facility has complied with the provisions of this section.
337 (ii) The records described in Subsection (6)(c)(i) shall be:
338 (A) maintained for at least two years; and
339 (B) made available to the department for inspection upon request by the department.
340 Section 6. Section 58-9-607 is amended to read:
341 58-9-607. Authorization to cremate -- Penalties for removal of items from human
342 remains.
343 (1) Except as otherwise provided in this section and Section 58-9-619, a funeral service
344 establishment may not cremate human remains until it has received:
345 (a) a cremation authorization form signed by an authorizing agent;
346 (b) a completed and executed burial transit permit or similar document, as provided by
347 state law, indicating that human remains are to be cremated; and
348 (c) any other documentation required by the state, county, or municipality.
349 (2) (a) The cremation authorization form shall contain, at a minimum, the following
350 information:
351 (i) the identity of the human remains and the time and date of death, including a signed
352 declaration of visual identification of the deceased or refusal to visually identify the deceased;
353 (ii) the name of the funeral director and funeral service establishment that obtained the
354 cremation authorization;
355 (iii) notification as to whether the death occurred from a disease declared by the
356 department of health to be infectious, contagious, communicable, or dangerous to the public
357 health;
358 (iv) the name of the authorizing agent and the relationship between the authorizing
359 agent and the decedent;
360 (v) a representation that the authorizing agent has the right to authorize the cremation
361 of the decedent and that the authorizing agent is not aware of any living person with a superior
362 or equal priority right to that of the authorizing agent, except that if there is another living
363 person with a superior or equal priority right, the form shall contain a representation that the
364 authorizing agent has:
365 (A) made reasonable efforts to contact that person;
366 (B) been unable to do so; and
367 (C) no reason to believe that the person would object to the cremation of the decedent;
368 (vi) authorization for the funeral service establishment to cremate the human remains;
369 (vii) a representation that the human remains do not contain a pacemaker or other
370 material or implant that may be potentially hazardous or cause damage to the cremation
371 chamber or the person performing the cremation;
372 (viii) the name of the person authorized to receive the cremated remains from the
373 funeral service establishment;
374 (ix) the manner in which the final disposition of the cremated remains is to take place,
375 if known;
376 (x) a listing of each item of value to be delivered to the funeral service establishment
377 along with the human remains, and instructions as to how each item should be handled;
378 (xi) the signature of the authorizing agent, attesting to the accuracy of all
379 representations contained on the authorization form;
380 (xii) if the cremation authorization form is being executed on a preneed basis, the form
381 shall contain the disclosure required for preneed programs under this chapter; and
382 (xiii) except for a preneed cremation authorization, the signature of the funeral director
383 of the funeral service establishment that obtained the cremation authorization.
384 (b) (i) The individual [
385 funeral authorization form as a witness and is not responsible for any of the representations
386 made by the authorizing agent.
387 (ii) The funeral director or the funeral service establishment shall warrant to the
388 crematory that the human remains delivered to the funeral service establishment have been
389 positively identified as the decedent listed on the cremation authorization form by the
390 authorizing agent or a designated representative of the authorizing agent.
391 (iii) The authorizing agent or the agent's designee may make the identification referred
392 to in Subsection (2)(b)(ii) in person or by photograph.
393 (3) (a) [
394 may not accept unidentified human remains for cremation.
395 (b) If a funeral service establishment takes custody of a cremation container subsequent
396 to the human remains being placed within the container, it can rely on the identification made
397 before the remains were placed in the container.
398 (c) The funeral service establishment shall place appropriate identification on the
399 exterior of the cremation container based on the prior identification.
400 (4) (a) A person who removes or possesses dental gold or silver, jewelry, or mementos
401 from human remains:
402 (i) with purpose to deprive another over control of the property is guilty of an offense
403 and subject to the punishments provided in Section 76-6-412;
404 (ii) with purpose to exercise unauthorized control and with intent to temporarily
405 deprive another of control over the property is guilty of an offense and subject to the
406 punishments provided in Section 76-6-404.5; and
407 (iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without
408 specific written permission of the individual who has the right to control those remains is guilty
409 of a class B misdemeanor.
410 (b) The fact that residue or any unavoidable dental gold or dental silver or other
411 precious metals remain in a cremation chamber or other equipment or a container used in a
412 prior cremation is not a violation of Subsection (4)(a).
413 Section 7. Section 58-9-619 is enacted to read:
414 58-9-619. Exception for disposition of fetal remains.
415 (1) As used in this section, "fetal remains" means the same as that term is defined in
416 Section 26-2-2.
417 (2) Notwithstanding any other provision in this part, a funeral service establishment:
418 (a) is exempt from any requirement to name the miscarried fetus or the aborted fetus:
419 (i) for the purpose of identifying the fetal remains; or
420 (ii) for any record keeping requirements under this chapter; and
421 (b) is not required to obtain a death certificate or fetal death certificate for the
422 cremation or disposition of fetal remains that are less than 20 weeks in gestational age.
423 Section 8. Section 76-7-305 is amended to read:
424 76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
425 -- Exceptions.
426 (1) A person may not perform an abortion, unless, before performing the abortion, the
427 physician who will perform the abortion obtains from the woman on whom the abortion is to
428 be performed a voluntary and informed written consent that is consistent with:
429 (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
430 Current Opinions; and
431 (b) the provisions of this section.
432 (2) Except as provided in Subsection (8), consent to an abortion is voluntary and
433 informed only if, at least 72 hours before the abortion:
434 (a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
435 practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
436 physician's assistant presents the information module to the pregnant woman;
437 (b) the pregnant woman views the entire information module and presents evidence to
438 the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
439 information module;
440 (c) after receiving the evidence described in Subsection (2)(b), the individual described
441 in Subsection (2)(a):
442 (i) documents that the pregnant woman viewed the entire information module;
443 (ii) gives the pregnant woman, upon her request, a copy of the documentation
444 described in Subsection (2)(c)(i); and
445 (iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
446 who is to perform the abortion, upon request of that physician or the pregnant woman;
447 (d) after the pregnant woman views the entire information module, the physician who
448 is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
449 practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
450 physician's assistant, in a face-to-face consultation in any location in the state, orally informs
451 the woman of:
452 (i) the nature of the proposed abortion procedure;
453 (ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
454 fetus;
455 (iii) the risks and alternatives to the abortion procedure or treatment;
456 (iv) the options and consequences of aborting a medication-induced abortion, if the
457 proposed abortion procedure is a medication-induced abortion;
458 (v) the probable gestational age and a description of the development of the unborn
459 child at the time the abortion would be performed;
460 (vi) the medical risks associated with carrying her child to term;
461 (vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
462 woman, upon her request; and
463 (viii) when the result of a prenatal screening or diagnostic test indicates that the unborn
464 child has or may have Down syndrome, the Department of Health website containing the
465 information described in Section 26-10-14, including the information on the informational
466 support sheet; and
467 (e) after the pregnant woman views the entire information module, a staff member of
468 the abortion clinic or hospital provides to the pregnant woman:
469 (i) on a document that the pregnant woman may take home:
470 (A) the address for the department's website described in Section 76-7-305.5; and
471 (B) a statement that the woman may request, from a staff member of the abortion clinic
472 or hospital where the woman viewed the information module, a printed copy of the material on
473 the department's website; [
474 (ii) a printed copy of the material on the department's website described in Section
475 76-7-305.5, if requested by the pregnant woman[
476 (iii) a copy of the form described in Subsection 26-21-33(3)(a)(i) regarding the
477 disposition of the aborted fetus.
478 (3) Before performing an abortion, the physician who is to perform the abortion shall:
479 (a) in a face-to-face consultation, provide the information described in Subsection
480 (2)(d), unless the attending physician or referring physician is the individual who provided the
481 information required under Subsection (2)(d); and
482 (b) (i) obtain from the pregnant woman a written certification that the information
483 required to be provided under Subsection (2) and this Subsection (3) was provided in
484 accordance with the requirements of Subsection (2) and this Subsection (3);[
485 (ii) obtain a copy of the statement described in Subsection (2)(c)(i)[
486 (iii) ensure that:
487 (A) described in Subsections 26-21-33(3) and (4), the woman has received the
488 information; and
489 (B) if the woman has a preference for the disposition of the aborted fetus, the woman
490 has informed the health care facility of the woman's decision regarding the disposition of the
491 aborted fetus.
492 (4) When a serious medical emergency compels the performance of an abortion, the
493 physician shall inform the woman prior to the abortion, if possible, of the medical indications
494 supporting the physician's judgment that an abortion is necessary.
495 (5) If an ultrasound is performed on a woman before an abortion is performed, the
496 individual who performs the ultrasound, or another qualified individual, shall:
497 (a) inform the woman that the ultrasound images will be simultaneously displayed in a
498 manner to permit her to:
499 (i) view the images, if she chooses to view the images; or
500 (ii) not view the images, if she chooses not to view the images;
501 (b) simultaneously display the ultrasound images in order to permit the woman to:
502 (i) view the images, if she chooses to view the images; or
503 (ii) not view the images, if she chooses not to view the images;
504 (c) inform the woman that, if she desires, the person performing the ultrasound, or
505 another qualified person shall provide a detailed description of the ultrasound images,
506 including:
507 (i) the dimensions of the unborn child;
508 (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
509 (iii) the presence of external body parts or internal organs, if present and viewable; and
510 (d) provide the detailed description described in Subsection (5)(c), if the woman
511 requests it.
512 (6) The information described in Subsections (2), (3), and (5) is not required to be
513 provided to a pregnant woman under this section if the abortion is performed for a reason
514 described in:
515 (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
516 concur, in writing, that the abortion is necessary to avert:
517 (i) the death of the woman on whom the abortion is performed; or
518 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
519 of the woman on whom the abortion is performed; or
520 (b) Subsection 76-7-302(3)(b)(ii).
521 (7) In addition to the criminal penalties described in this part, a physician who violates
522 the provisions of this section:
523 (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
524 and
525 (b) shall be subject to:
526 (i) suspension or revocation of the physician's license for the practice of medicine and
527 surgery in accordance with Section 58-67-401 or 58-68-401; and
528 (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
529 (8) A physician is not guilty of violating this section for failure to furnish any of the
530 information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
531 (a) the physician can demonstrate by a preponderance of the evidence that the
532 physician reasonably believed that furnishing the information would have resulted in a severely
533 adverse effect on the physical or mental health of the pregnant woman;
534 (b) in the physician's professional judgment, the abortion was necessary to avert:
535 (i) the death of the woman on whom the abortion is performed; or
536 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
537 of the woman on whom the abortion is performed;
538 (c) the pregnancy was the result of rape or rape of a child, as defined in Sections
539 76-5-402 and 76-5-402.1;
540 (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(2)(j) and
541 Section 76-7-102; or
542 (e) at the time of the abortion, the pregnant woman was 14 years of age or younger.
543 (9) A physician who complies with the provisions of this section and Section
544 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
545 informed consent under Section 78B-3-406.
546 (10) (a) The department shall provide an ultrasound, in accordance with the provisions
547 of Subsection (5)(b), at no expense to the pregnant woman.
548 (b) A local health department shall refer a pregnant woman who requests an ultrasound
549 described in Subsection (10)(a) to the department.
550 (11) A physician is not guilty of violating this section if:
551 (a) the information described in Subsection (2) is provided less than 72 hours before
552 the physician performs the abortion; and
553 (b) in the physician's professional judgment, the abortion was necessary in a case
554 where:
555 (i) a ruptured membrane, documented by the attending or referring physician, will
556 cause a serious infection; or
557 (ii) a serious infection, documented by the attending or referring physician, will cause a
558 ruptured membrane.
559 Section 9. Section 76-7-305.5 is amended to read:
560 76-7-305.5. Requirements for information module and website.
561 (1) In order to ensure that a woman's consent to an abortion is truly an informed
562 consent, the department shall, in accordance with the requirements of this section, develop an
563 information module and maintain a public website.
564 (2) The information module and public website described in Subsection (1) shall:
565 (a) be scientifically accurate, comprehensible, and presented in a truthful,
566 nonmisleading manner;
567 (b) present adoption as a preferred and positive choice and alternative to abortion;
568 (c) be produced in a manner that conveys the state's preference for childbirth over
569 abortion;
570 (d) state that the state prefers childbirth over abortion;
571 (e) state that it is unlawful for any person to coerce a woman to undergo an abortion;
572 (f) state that any physician who performs an abortion without obtaining the woman's
573 informed consent or without providing her a private medical consultation in accordance with
574 the requirements of this section, may be liable to her for damages in a civil action at law;
575 (g) provide a geographically indexed list of resources and public and private services
576 available to assist, financially or otherwise, a pregnant woman during pregnancy, at childbirth,
577 and while the child is dependent, including:
578 (i) medical assistance benefits for prenatal care, childbirth, and neonatal care;
579 (ii) services and supports available under Section 35A-3-308;
580 (iii) other financial aid that may be available during an adoption;
581 (iv) services available from public adoption agencies, private adoption agencies, and
582 private attorneys whose practice includes adoption; and
583 (v) the names, addresses, and telephone numbers of each person listed under this
584 Subsection (2)(g);
585 (h) describe the adoption-related expenses that may be paid under Section 76-7-203;
586 (i) describe the persons who may pay the adoption related expenses described in
587 Subsection (2)(h);
588 (j) except as provided in Subsection (4), describe the legal responsibility of the father
589 of a child to assist in child support, even if the father has agreed to pay for an abortion;
590 (k) except as provided in Subsection (4), describe the services available through the
591 Office of Recovery Services, within the Department of Human Services, to establish and
592 collect the support described in Subsection (2)(j);
593 (l) state that private adoption is legal;
594 (m) describe and depict, with pictures or video segments, the probable anatomical and
595 physiological characteristics of an unborn child at two-week gestational increments from
596 fertilization to full term, including:
597 (i) brain and heart function;
598 (ii) the presence and development of external members and internal organs; and
599 (iii) the dimensions of the fetus;
600 (n) show an ultrasound of the heartbeat of an unborn child at:
601 (i) four weeks from conception;
602 (ii) six to eight weeks from conception; and
603 (iii) each month after 10 weeks gestational age, up to 14 weeks gestational age;
604 (o) describe abortion procedures used in current medical practice at the various stages
605 of growth of the unborn child, including:
606 (i) the medical risks associated with each procedure;
607 (ii) the risk related to subsequent childbearing that are associated with each procedure;
608 and
609 (iii) the consequences of each procedure to the unborn child at various stages of fetal
610 development;
611 (p) describe the possible detrimental psychological effects of abortion;
612 (q) describe the medical risks associated with carrying a child to term;
613 (r) include relevant information on the possibility of an unborn child's survival at the
614 two-week gestational increments described in Subsection (2)(m);
615 (s) except as provided in Subsection (5), include:
616 (i) information regarding substantial medical evidence from studies concluding that an
617 unborn child who is at least 20 weeks gestational age may be capable of experiencing pain
618 during an abortion procedure; and
619 (ii) the measures that will be taken in accordance with Section 76-7-308.5;
620 (t) explain the options and consequences of aborting a medication-induced abortion;
621 (u) include the following statement regarding a medication-induced abortion,
622 "Research indicates that mifepristone alone is not always effective in ending a pregnancy. You
623 may still have a viable pregnancy after taking mifepristone. If you have taken mifepristone but
624 have not yet taken the second drug and have questions regarding the health of your fetus or are
625 questioning your decision to terminate your pregnancy, you should consult a physician
626 immediately.";
627 (v) inform a pregnant woman that she has the right to view an ultrasound of the unborn
628 child, at no expense to her, upon her request; [
629 (w) inform a pregnant woman that she has the right to:
630 (i) determine the final disposition of the remains of the aborted fetus;
631 (ii) unless the woman waives this right in writing, wait up to 72 hours after the
632 abortion procedure is performed to make a determination regarding the disposition of the
633 aborted fetus before the health care facility may dispose of the fetal remains;
634 (iii) receive information about options for disposition of the aborted fetus, including
635 the method of disposition that is usual and customary for a health care facility; and
636 (iv) for a medication-induced abortion, return the aborted fetus to the health care
637 facility for disposition; and
638 (x) provide a digital copy of the form described in Section 26-21-33(3)(a)(i); and
639 [
640 (3) The information module and website described in Subsection (1) may include a
641 toll-free 24-hour telephone number that may be called in order to obtain, orally, a list and
642 description of services, agencies, and adoption attorneys in the locality of the caller.
643 (4) The department may develop a version of the information module and website that
644 omits the information in Subsections (2)(j) and (k) for a viewer who is pregnant as the result of
645 rape.
646 (5) The department may develop a version of the information module and website that
647 omits the information described in Subsection (2)(s) for a viewer who will have an abortion
648 performed:
649 (a) on an unborn child who is less than 20 weeks gestational age at the time of the
650 abortion; or
651 (b) on an unborn child who is at least 20 weeks gestational age at the time of the
652 abortion, if:
653 (i) the abortion is being performed for a reason described in Subsection
654 76-7-302(3)(b)(i) or (ii); and
655 (ii) due to a serious medical emergency, time does not permit compliance with the
656 requirement to provide the information described in Subsection (2)(s).
657 (6) The department and each local health department shall make the information
658 module and the website described in Subsection (1) available at no cost to any person.
659 (7) The department shall make the website described in Subsection (1) available for
660 viewing on the department's website by clicking on a conspicuous link on the home page of the
661 website.
662 (8) The department shall ensure that the information module is:
663 (a) available to be viewed at all facilities where an abortion may be performed;
664 (b) interactive for the individual viewing the module, including the provision of
665 opportunities to answer questions and manually engage with the module before the module
666 transitions from one substantive section to the next;
667 (c) produced in English and may include subtitles in Spanish or another language; and
668 (d) capable of being viewed on a tablet or other portable device.
669 [
670
671
672 [
673
674 [
675 for the use described in Section 76-7-305, the department shall:
676 (a) update the information module, as required by law; and
677 (b) present an updated version of the information module to the Health and Human
678 Services Interim Committee for the committee's review and recommendation before releasing
679 the updated version for the use described in Section 76-7-305.