Chief Sponsor: Daniel McCay

House Sponsor: Karianne Lisonbee


8     General Description:
9          This bill prohibits a pregnant woman from receiving an abortion, with limited
10     exceptions.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     prohibits an abortion at any stage of a pregnant woman's pregnancy, except under
15     certain circumstances;
16          ▸     provides penalties for a physician who performs an unlawful abortion; and
17          ▸     provides that, upon enactment, the provisions of this bill supercede any conflicting
18     provisions.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a contingent effective date.
23     Utah Code Sections Affected:
24     ENACTS:
25          76-7a-101, Utah Code Annotated 1953
26          76-7a-201, Utah Code Annotated 1953
27          76-7a-301, Utah Code Annotated 1953


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 76-7a-101 is enacted to read:

32          76-7a-101. Definitions.
33          As used in this section:
34          (1) (a) "Abortion" means:
35          (i) the intentional termination or attempted termination of human pregnancy after
36     implantation of a fertilized ovum through a medical procedure carried out by a physician or
37     through a substance used under the direction of a physician;
38          (ii) the intentional killing or attempted killing of a live unborn child through a medical
39     procedure carried out by a physician or through a substance used under the direction of a
40     physician; or
41          (iii) the intentional causing or attempted causing of a miscarriage through a medical
42     procedure carried out by a physician or through a substance used under the direction of a
43     physician.
44          (b) "Abortion" does not include:
45          (i) removal of a dead unborn child;
46          (ii) removal of an ectopic pregnancy; or
47          (iii) the killing or attempted killing of an unborn child without the consent of the
48     pregnant woman, unless:
49          (A) the killing or attempted killing is done through a medical procedure carried out by
50     a physician or through a substance used under the direction of a physician; and
51          (B) the physician is unable to obtain the consent due to a medical emergency.
52          (2) "Abortion clinic" means a type I abortion clinic licensed by the state or a type II
53     abortion clinic licensed by the state.
54          (3) "Department" means the Department of Health.
55          (4) "Down syndrome" means a genetic condition associated with an extra chromosome
56     21, in whole or in part, or an effective trisomy for chromosome 21.
57          (5) "Hospital" means:
58          (a) a general hospital licensed by the department; or

59          (b) a clinic or other medical facility to the extent the clinic or other medical facility is
60     certified by the department as providing equipment and personnel sufficient in quantity and
61     quality to provide the same degree of safety to a pregnant woman and an unborn child as would
62     be provided for the particular medical procedure undertaken by a general hospital licensed by
63     the department.
64          (6) "Incest" means the same as that term is defined in Title 78A, Chapter 6, Juvenile
65     Court Act.
66          (7) "Medical emergency" means a condition which, on the basis of the physician's good
67     faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
68     immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
69     risk of substantial and irreversible impairment of major bodily function.
70          (8) "Physician" means:
71          (a) a medical doctor licensed to practice medicine and surgery in the state;
72          (b) an osteopathic physician licensed to practice osteopathic medicine in the state; or
73          (c) a physician employed by the federal government who has qualifications similar to
74     an individual described in Subsection (8)(a) or (b).
75          (9) "Rape" means the same as that term is defined in Title 76, Utah Criminal Code.
76          (10) (a) "Severe brain abnormality" means a malformation or defect that causes an
77     individual to live in a mentally vegetative state.
78          (b) "Severe brain abnormality" does not include:
79          (i) Down syndrome;
80          (ii) spina bifida;
81          (iii) cerebral palsy; or
82          (iv) any other malformation, defect, or condition that does not cause an individual to
83     live in a mentally vegetative state.
84          Section 2. Section 76-7a-201 is enacted to read:
Part 2. Prohibition

86          76-7a-201. Abortion prohibition -- Exceptions -- Penalties.
87          (1) An abortion may be performed in this state only under the following circumstances:
88          (a) the abortion is necessary to avert:
89          (i) the death of the woman on whom the abortion is performed; or

90          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
91     of the woman on whom the abortion is performed;
92          (b) two physicians who practice maternal fetal medicine concur, in writing, in the
93     patient's medical record that the fetus:
94          (i) has a defect that is uniformly diagnosable and uniformly lethal; or
95          (ii) has a severe brain abnormality that is uniformly diagnosable; or
96          (c) (i) the woman is pregnant as a result of:
97          (A) rape;
98          (B) rape of a child; or
99          (C) incest; and
100          (ii) before the abortion is performed, the physician who performs the abortion:
101          (A) verifies that the incident described in Subsection (1)(c)(i) has been reported to law
102     enforcement; and
103          (B) if applicable, complies with requirements related to reporting suspicions of or
104     known child abuse.
105          (2) An abortion may be performed only:
106          (a) by a physician; and
107          (b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in
108     another location due to a medical emergency.
109          (3) A person who violates this section is guilty of a second degree felony.
110          (4) In addition to the penalty described in Subsection (3), the department may take
111     appropriate corrective action against an abortion clinic, including revoking the abortion clinic's
112     license, if a violation of this chapter occurs at the abortion clinic.
113          (5) The department shall report a physician's violation of any provision of this section
114     to the state entity that regulates the licensing of a physician.
115          Section 3. Section 76-7a-301 is enacted to read:
Part 3. Superseding Clause

117          76-7a-301. Superseding clause.
118          If, at the time this chapter takes effect, any provision in the Utah Code conflicts with a
119     provision of this chapter, the provision of this chapter supersedes the conflicting provision.
120          Section 4. Contingent effective date.

121          (1) As used in this section, "a court of binding authority" means:
122          (a) the United States Supreme Court; or
123          (b) after the right to appeal has been exhausted:
124          (i) the United States Court of Appeals for the Tenth Circuit;
125          (ii) the Utah Supreme Court; or
126          (iii) the Utah Court of Appeals.
127          (2) The provisions of this bill take effect on the date that the legislative general counsel
128     certifies to the Legislative Management Committee that a court of binding authority has held
129     that a state may prohibit the abortion of an unborn child at any time during the gestational
130     period, subject to the exceptions enumerated in this bill.