1     
ABORTION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve R. Christiansen

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to abortion.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies informed consent provisions relating to an abortion;
14          ▸     modifies the abortion information module provided by the department;
15          ▸     amends provisions relating to viewing the abortion information module;
16          ▸     amends statistical reporting requirements relating to abortions;
17          ▸     amends and adds reporting requirements for physicians and facilities;
18          ▸     provides a civil penalty for a physician who fails to comply with informed consent
19     provisions relating to an abortion; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          26-21-33, as enacted by Laws of Utah 2020, Chapter 251
28          76-7-305, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
29          76-7-305.5, as last amended by Laws of Utah 2020, Chapter 251
30          76-7-305.7, as last amended by Laws of Utah 2018, Chapter 282
31          76-7-313, as last amended by Laws of Utah 2019, Chapters 124 and 208
32          76-7-314, as last amended by Laws of Utah 2019, Chapter 208
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 26-21-33 is amended to read:
36          26-21-33. Treatment of aborted remains.
37          (1) As used in this section, "aborted fetus" means a product of human conception,
38     regardless of gestational age, that has died from an abortion as that term is defined in Section
39     76-7-301.
40          (2) (a) A health care facility having possession of an aborted fetus shall provide for the
41     final disposition of the aborted fetus through:
42          (i) cremation as that term is defined in Section 58-9-102; or
43          (ii) interment.
44          (b) A health care facility may not conduct the final disposition of an aborted fetus less
45     than 72 hours after an abortion is performed unless:
46          (i) the pregnant woman authorizes the health care facility, in writing, to conduct the
47     final disposition of the aborted fetus less than 72 hours after the abortion is performed; or
48          (ii) immediate disposition is required under state or federal law.
49          (c) A health care facility may serve as an authorizing agent as defined in Section
50     58-9-102 with respect to the final disposition of an aborted fetus if:
51          (i) the pregnant woman provides written authorization for the health care facility to act
52     as the authorizing agent; or
53          (ii) (A) more than 72 hours have passed since the abortion was performed; and
54          (B) the pregnant woman did not exercise her right to control the final disposition of the
55     aborted fetus under Subsection (4)(a).
56          (d) Within 120 business days after the day on which an abortion is performed, a health
57     care facility possessing an aborted fetus shall:
58          (i) conduct the final disposition of the aborted fetus in accordance with this section; or
59          (ii) ensure that the aborted fetus is preserved until final disposition.
60          (e) A health care facility shall conduct the final disposition under this section in
61     accordance with applicable state and federal law.
62          (3) Before performing an abortion, a health care facility shall:
63          (a) provide the pregnant woman with the information described in Subsection
64     76-7-305.5(2)[(w)](y) through:
65          (i) a form approved by the department;
66          (ii) an in-person consultation with a physician; or
67          (iii) an in-person consultation with a mental health therapist as defined in Section
68     58-60-102; and
69          (b) if the pregnant woman makes a decision under Subsection (4)(b), document the
70     pregnant woman's decision under Subsection (4)(b) in the pregnant woman's medical record.
71          (4) A pregnant woman who has an abortion:
72          (a) except as provided in Subsection (6), has the right to control the final disposition of
73     the aborted fetus;
74          (b) if the pregnant woman has a preference for disposition of the aborted fetus, shall
75     inform the health care facility of the pregnant woman's decision for final disposition of the
76     aborted fetus;
77          (c) is responsible for the costs related to the final disposition of the aborted fetus at the
78     chosen location if the pregnant woman chooses a method or location for the final disposition of
79     the aborted fetus that is different from the method or location that is usual and customary for
80     the health care facility; and
81          (d) for a medication-induced abortion, shall be permitted to return the aborted fetus to
82     the health care facility in a sealed container for disposition by the health care facility in
83     accordance with this section.
84          (5) The form described in Subsection (3)(a)(i) shall include the following information:
85          "You have the right to decide what you would like to do with the aborted fetus. You
86     may decide for the provider to be responsible for disposition of the fetus. If you are having a
87     medication-induced abortion, you also have the right to bring the aborted fetus back to this
88     provider for disposition after the fetus is expelled. The provider may dispose of the aborted
89     fetus by burial or cremation. You can ask the provider if you want to know the specific method
90     for disposition."
91          (6) If the pregnant woman is a minor, the health care facility shall obtain parental
92     consent for the disposition of the aborted fetus unless the minor is granted a court order under
93     Subsection 76-7-304(1)(b).
94          (7) (a) A health care facility may not include fetal remains with other biological,
95     infectious, or pathological waste.
96          (b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
97     not subject to the requirements of this section.
98          (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
99     the department that the health care facility has complied with the provisions of this section.
100          (ii) The records described in Subsection (7)(c)(i) shall be:
101          (A) maintained for at least two years; and
102          (B) made available to the department for inspection upon request by the department.
103          Section 2. Section 76-7-305 is amended to read:
104          76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
105     -- Exceptions.
106          (1) As used in this section:
107          (a) "Authorized professional" means:
108          (i) a physician, licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
109     58, Chapter 68, Utah Osteopathic Medical Practice Act;
110          (ii) a physician's assistant, licensed under Title 58, Chapter 70a, Utah Physician
111     Assistant Act;
112          (iii) a nurse practitioner, licensed under Title 58, Chapter 31b, Nurse Practice Act;
113          (iv) an advanced practice registered nurse, licensed under Title 58, Chapter 31b, Nurse
114     Practice Act;
115          (v) a registered nurse, licensed under Title 58, Chapter 31b, Nurse Practice Act;
116          (vi) a genetic counselor, licensed under Title 58, Chapter 75, Genetic Counselors
117     Licensing Act; or
118          (vii) a certified nurse midwife, licensed under Title 58, Chapter 44a, Nurse Midwife
119     Practice Act.
120          (b) "Staff member" means:
121          (i) a staff member of a hospital, medical clinic, or abortion clinic; or
122          (ii) an individual under the direction of a physician.
123          [(1)] (2) A person may not perform an abortion, unless, before performing the abortion,
124     the physician who will perform the abortion obtains from the woman on whom the abortion is
125     to be performed a voluntary and informed written consent that is consistent with:
126          (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
127     Current Opinions; and
128          (b) the provisions of this section.
129          [(2)] (3) Except as provided in Subsection [(8)] (9), consent to an abortion is voluntary
130     and informed only if, at least 72 hours before the abortion:
131          [(a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
132     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
133     physician's assistant presents the information module to the pregnant woman;]
134          (a) a staff member under the direction of a physician, a certified nursing assistant under
135     the direction of a physician, or an authorized professional:
136          (i) informs the pregnant woman that she is required to view the information module
137     before the abortion is performed;
138          (ii) informs the pregnant woman that the pregnant woman may view the information
139     module at anytime on the Department of Health's website and provides the pregnant woman
140     with a uniform resource locator that the pregnant woman can use to directly access the
141     information module on that website; and
142          (iii) informs the pregnant woman that she has the right to choose to view the
143     information module at any of the following locations chosen by the pregnant woman:
144          (A) the location where the pregnant woman will have the abortion;
145          (B) the location where the individual providing the information described in this
146     Subsection (3)(a) is employed;
147          (C) the location where the pregnant woman is present when the individual providing
148     the information described in this Subsection (3)(a) provides the information; or
149          (D) any other location where the woman can view the information described in this
150     Subsection (3)(a) using an electronic device;
151          (b) if the pregnant woman chooses to view the information module at a location
152     described in Subsection (3)(a)(iii)(A), (B), or (C), the individual who provides the information
153     described in Subsection (3)(a) to the pregnant woman, presents, and permits the pregnant
154     woman to view, the entire information module at the location chosen by the pregnant woman;
155          [(b)] (c) the pregnant woman:
156          (i) views the entire information module [and];
157          (ii) presents evidence, in the form of the certificate described in Subsection
158     76-7-305.5(2)(b), to the individual described in Subsection [(2)] (3)(a) that the pregnant
159     woman viewed the entire information module; and
160          (iii) signs and dates a document, in the presence of the individual described in
161     Subsection (3)(a), that states, "I, the undersigned, affirm, under penalty of perjury, that I have
162     viewed the entire information module described in Utah Code Section 76-7-305.5.";
163          [(c)] (d) after receiving the [evidence] certificate and signed document described in
164     Subsection [(2)(b)] (3)(c), the individual described in Subsection [(2)] (3)(a):
165          (i) documents that the pregnant woman viewed the entire information module;
166          (ii) signs the document described in Subsection (3)(c)(iii), as a witness to the signature
167     of the pregnant woman;
168          [(ii)] (iii) gives the pregnant woman, upon her request, a copy of the [documentation]
169     certificate and document described in Subsection [(2)(c)(i)] (3)(d)(i); and
170          [(iii)] (iv) provides a copy of the [statement] certificate and document described in
171     Subsection [(2)(c)(i)] (3)(c) to the physician who is to perform the abortion, upon request of
172     that physician or the pregnant woman;
173          [(d)] (e) after the pregnant woman views the entire information module, [the physician
174     who is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
175     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
176     physician's assistant, in a face-to-face consultation in any location in the state, orally informs
177     the woman of] a certified nursing assistant under the direction of a physician, or an authorized
178     professional, orally informs the woman of the following, in a face-to-face consultation where
179     the individual providing the information and the pregnant woman are in each other's physical
180     presence:
181          (i) the nature of the proposed abortion procedure;
182          (ii) specifically how the procedure described in Subsection [(2)(d)(i)] (3)(e) will affect
183     the fetus;
184          (iii) the risks and alternatives to the abortion procedure or treatment;
185          (iv) the potential side effects, risks, complications, and consequences of a
186     medication-induced abortion, if the proposed abortion procedure is a medication-induced
187     abortion;
188          [(iv)] (v) the options and consequences of aborting a medication-induced abortion, if
189     the proposed abortion procedure is a medication-induced abortion;
190          [(v)] (vi) the probable gestational age and a description of the development of the
191     unborn child at the time the abortion would be performed;
192          [(vi)] (vii) the medical risks associated with carrying her child to term;
193          [(vii)] (viii) the right to view an ultrasound of the unborn child, at no expense to the
194     pregnant woman, upon her request, and to receive written information produced by the
195     Department of Health regarding available resources or locations to obtain a free ultrasound,
196     including pregnancy resource centers and other nonprofit entities that provide those services;
197     and
198          [(viii)] (ix) when the result of a prenatal screening or diagnostic test indicates that the
199     unborn child has or may have Down syndrome, the Department of Health website containing
200     the information described in Section 26-10-14, including the information on the informational
201     support sheet; and
202          [(e)] (f) after the pregnant woman views the entire information module, a staff member
203     of the abortion clinic or hospital provides to the pregnant woman:
204          (i) on a document that the pregnant woman may take home:
205          (A) the address for the department's website described in Section 76-7-305.5; and
206          (B) a statement that the woman may request, from a staff member of the abortion clinic
207     or hospital where the woman viewed the information module, a printed copy of the material on
208     the department's website;
209          (ii) a printed copy of the material on the department's website described in Section
210     76-7-305.5, if requested by the pregnant woman; and
211          (iii) a copy of the form described in Subsection 26-21-33(3)(a)(i) regarding the
212     disposition of the aborted fetus.
213          [(3)] (4) Before performing an abortion, the physician who is to perform the abortion
214     shall:
215          (a) in a face-to-face consultation where the physician and the pregnant woman are in
216     each other's physical presence, provide the information described in Subsection [(2)(d)] (3)(e),
217     unless the attending physician or referring physician is the individual who provided the
218     information required under Subsection [(2)(d)] (3)(e); and
219          (b) (i) obtain from the pregnant woman a written certification that the information
220     required to be provided under Subsection [(2)] (3) and this Subsection [(3)] (4) was provided in
221     accordance with the requirements of Subsection [(2)] (3) and this Subsection [(3)] (4);
222          (ii) obtain a copy of the [statement] documentation described in Subsection [(2)(c)(i)]
223     (3)(d); and
224          (iii) ensure that:
225          (A) the woman has received the information described in Subsections 26-21-33(3) and
226     (4); and
227          (B) if the woman has a preference for the disposition of the aborted fetus, the woman
228     has informed the health care facility of the woman's decision regarding the disposition of the
229     aborted fetus.
230          [(4)] (5) When a serious medical emergency compels the performance of an abortion,
231     the physician shall inform the woman prior to the abortion, if possible, of the medical
232     indications supporting the physician's judgment that an abortion is necessary.
233          [(5)] (6) If an ultrasound is performed on a woman before an abortion is performed, the
234     individual who performs the ultrasound, or another qualified individual, shall:
235          (a) inform the woman that the ultrasound images will be simultaneously displayed in a
236     manner to permit her to:
237          (i) view the images, if she chooses to view the images; or
238          (ii) not view the images, if she chooses not to view the images;
239          (b) simultaneously display the ultrasound images in order to permit the woman to:
240          (i) view the images, if she chooses to view the images; or
241          (ii) not view the images, if she chooses not to view the images;
242          (c) inform the woman that, if she desires, the person performing the ultrasound, or
243     another qualified person shall provide a detailed description of the ultrasound images,
244     including:
245          (i) the dimensions of the unborn child;
246          (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
247          (iii) the presence of external body parts or internal organs, if present and viewable; and
248          (d) provide the detailed description described in Subsection [(5)] (6)(c), if the woman
249     requests it.
250          [(6)] (7) The information described in Subsections [(2), (3), and (5)] (3), (4), and (6) is
251     not required to be provided to a pregnant woman under this section if the abortion is performed
252     for a reason described in:
253          (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
254     concur, in writing, that the abortion is necessary to avert:
255          (i) the death of the woman on whom the abortion is performed; or
256          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
257     of the woman on whom the abortion is performed; or
258          (b) Subsection 76-7-302(3)(b)(ii).
259          [(7)] (8) In addition to the criminal penalties described in this part, a physician who
260     violates the provisions of this section:
261          (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
262     and
263          (b) shall be subject to:
264          (i) suspension or revocation of the physician's license for the practice of medicine and
265     surgery in accordance with Section 58-67-401 or 58-68-401; and
266          (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
267          [(8)] (9) A physician is not guilty of violating this section for failure to furnish any of
268     the information described in Subsection [(2) or] (3) or (4), or for failing to comply with
269     Subsection [(5)] (6), if:
270          (a) the physician can demonstrate by a preponderance of the evidence that the
271     physician reasonably believed that furnishing the information would have resulted in a severely
272     adverse effect on the physical or mental health of the pregnant woman;
273          (b) in the physician's professional judgment, the abortion was necessary to avert:
274          (i) the death of the woman on whom the abortion is performed; or
275          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
276     of the woman on whom the abortion is performed;
277          (c) the pregnancy was the result of rape or rape of a child, as defined in Sections
278     76-5-402 and 76-5-402.1;
279          (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(2)(j) and
280     Section 76-7-102; or
281          (e) at the time of the abortion, the pregnant woman was 14 years [of age] old or
282     younger.
283          [(9)] (10) A physician who complies with the provisions of this section and Section
284     76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
285     informed consent under Section 78B-3-406.
286          [(10)] (11) (a) The department shall provide an ultrasound, in accordance with the
287     provisions of Subsection [(5)] (6)(b), at no expense to the pregnant woman.
288          (b) A local health department shall refer a pregnant woman who requests an ultrasound
289     described in Subsection [(10)] (11)(a) to the department.
290          [(11)] (12) A physician is not guilty of violating this section if:
291          (a) the information described in Subsection [(2)] (3) is provided less than 72 hours
292     before the physician performs the abortion; and
293          (b) in the physician's professional judgment, the abortion was necessary in a case
294     where:
295          (i) a ruptured membrane, documented by the attending or referring physician, will
296     cause a serious infection; or
297          (ii) a serious infection, documented by the attending or referring physician, will cause a
298     ruptured membrane.
299          Section 3. Section 76-7-305.5 is amended to read:
300          76-7-305.5. Requirements for information module and website.
301          (1) In order to ensure that a woman's consent to an abortion is truly an informed
302     consent, the department shall, in accordance with the requirements of this section, develop an
303     information module and maintain a public website.
304          (2) The information module and public website described in Subsection (1) shall:
305          (a) be designed and function in a manner that:
306          (i) permits the information module to only be viewed from the beginning to the end,
307     without skipping or fast-forwarding through any part of the information module;
308          (ii) permits an individual to pause or replay any portion of the information module;
309          (iii) has voice-over that:
310          (A) provides an audio presentation of all information presented in the information
311     module; and
312          (B) cannot be skipped or fast-forwarded; and
313          (iv) prohibits the pregnant woman from accessing, viewing, or printing the certificate
314     of completion until the pregnant woman views the entire information module;
315          (b) provides a certificate to an individual pregnant woman, after the pregnant woman
316     views the entire information module, that includes:
317          (i) a code assigned to the pregnant woman that:
318          (A) is unique to the pregnant woman;
319          (B) can be used by the department to identify the pregnant woman; and
320          (C) does not, by simply viewing the code, disclose the identity of the pregnant woman;
321     and
322          (ii) a date and time stamp indicating when the pregnant woman completed viewing the
323     entire information module;
324          [(a)] (c) be scientifically accurate, comprehensible, and presented in a truthful,
325     nonmisleading manner;
326          [(b)] (d) present adoption as a preferred and positive choice and alternative to abortion;
327          [(c)] (e) be produced in a manner that conveys the state's preference for childbirth over
328     abortion;
329          [(d)] (f) state that the state prefers childbirth over abortion;
330          [(e)] (g) state that it is unlawful for any person to coerce a woman to undergo an
331     abortion;
332          [(f)] (h) state that any physician who performs an abortion without obtaining the
333     woman's informed consent or without providing her a private medical consultation in
334     accordance with the requirements of this section, may be liable to her for damages in a civil
335     action at law;
336          [(g)] (i) provide a geographically indexed list of resources and public and private
337     services available to assist, financially or otherwise, a pregnant woman during pregnancy, at
338     childbirth, and while the child is dependent, including:
339          (i) medical assistance benefits for prenatal care, childbirth, and neonatal care;
340          (ii) services and supports available under Section 35A-3-308;
341          (iii) other financial aid that may be available during an adoption;
342          (iv) services available from public adoption agencies, private adoption agencies, and
343     private attorneys whose practice includes adoption; and
344          (v) the names, addresses, and telephone numbers of each person listed under this
345     Subsection (2)[(g)](i);
346          [(h)] (j) describe the adoption-related expenses that may be paid under Section
347     76-7-203;
348          [(i)] (k) describe the persons who may pay the adoption related expenses described in
349     Subsection (2)[(h)](j);
350          [(j)] (l) except as provided in Subsection (4), describe the legal responsibility of the
351     father of a child to assist in child support, even if the father has agreed to pay for an abortion;
352          [(k)] (m) except as provided in Subsection (4), describe the services available through
353     the Office of Recovery Services, within the Department of Human Services, to establish and
354     collect the support described in Subsection (2)[(j)](l);
355          [(l)] (n) state that private adoption is legal;
356          [(m)] (o) describe and depict, with pictures or video segments, the probable anatomical
357     and physiological characteristics of an unborn child at two-week gestational increments from
358     fertilization to full term, including:
359          (i) brain and heart function;
360          (ii) the presence and development of external members and internal organs; and
361          (iii) the dimensions of the fetus;
362          [(n) show an ultrasound of the heartbeat of an unborn child at:]
363          [(i) four weeks from conception;]
364          [(ii) six to eight weeks from conception; and]
365          [(iii) each month after 10 weeks gestational age, up to 14 weeks gestational age;]
366          [(o) describe abortion procedures used in current medical practice at the various stages
367     of growth of the unborn child, including:]
368          (p) in addition to the pictures or video segments described in Subsection (2)(o), show a
369     high-resolution, three-dimensional video of an ultrasound of an unborn child, that:
370          (i) includes segments of at least 10 seconds of an ultrasound for each of the following
371     gestational ages:
372          (A) six weeks;
373          (B) eight weeks;
374          (C) ten weeks;
375          (D) twelve weeks;
376          (E) sixteen weeks; and
377          (F) twenty weeks; and
378          (ii) includes an audio of the heartbeat of the unborn child at the gestational ages
379     described in Subsections (2)(p)(i)(B) through (F);
380          (q) a detailed, step by step, description of each step of each type of abortion procedure
381     used in current medical practice that includes:
382          (i) medically-accurate visual images of what is happening to the unborn child at each
383     step of each type of abortion procedure;
384          (ii) a description of the gestational ages at which each type of abortion procedure is
385     normally used;
386          [(i)] (iii) the medical risks associated with each type of abortion procedure;
387          [(ii)] (iv) the risk related to subsequent childbearing that are associated with each type
388     of abortion procedure; and
389          [(iii)] (v) the consequences of each type of abortion procedure to the unborn child at
390     various stages of fetal development;
391          [(p)] (r) describe the possible detrimental psychological effects of abortion;
392          [(q)] (s) describe the medical risks associated with carrying a child to term;
393          [(r)] (t) include relevant information on the possibility of an unborn child's survival at
394     the two-week gestational increments described in Subsection (2)[(m)](o);
395          [(s)] (u) except as provided in Subsection (5), include:
396          (i) information regarding substantial medical evidence from studies concluding that an
397     unborn child who is at least 20 weeks gestational age may be capable of experiencing pain
398     during an abortion procedure; and
399          (ii) the measures that will be taken in accordance with Section 76-7-308.5;
400          [(t)] (v) explain the options and consequences of aborting a medication-induced
401     abortion;
402          [(u)] (w) include the following statement regarding a medication-induced abortion,
403     "Research indicates that mifepristone alone is not always effective in ending a pregnancy. You
404     may still have a viable pregnancy after taking mifepristone. If you have taken mifepristone but
405     have not yet taken the second drug and have questions regarding the health of your fetus or are
406     questioning your decision to terminate your pregnancy, you should consult a physician
407     immediately.";
408          [(v)] (x) inform a pregnant woman that she has the right to view an ultrasound of the
409     unborn child, at no expense to her, upon her request;
410          [(w) inform] (y) provide a digital copy of the form described in Subsection
411     26-21-33(3)(a)(i) to a pregnant woman and inform her that she has the right to:
412          (i) determine the final disposition of the remains of the aborted fetus;
413          (ii) unless the woman waives this right in writing, wait up to 72 hours after the
414     abortion procedure is performed to make a determination regarding the disposition of the
415     aborted fetus before the health care facility may dispose of the fetal remains;
416          (iii) receive information about options for disposition of the aborted fetus, including
417     the method of disposition that is usual and customary for a health care facility; and
418          (iv) for a medication-induced abortion, return the aborted fetus to the health care
419     facility for disposition; and
420          [(x)] (z) provide a digital copy of the form described in Subsection 26-21-33(3)(a)(i);
421     and
422          [(y)] (aa) be in a typeface large enough to be clearly legible.
423          (3) The information module and website described in Subsection (1) may include a
424     toll-free 24-hour telephone number that may be called in order to obtain, orally, a list and
425     description of services, agencies, and adoption attorneys in the locality of the caller.
426          (4) The department may develop a version of the information module and website that
427     omits the information in Subsections (2)[(j) and (k)] (l) and (m) for a viewer who is pregnant as
428     the result of rape.
429          (5) The department may develop a version of the information module and website that
430     omits the information described in Subsection (2)[(s)](u) for a viewer who will have an
431     abortion performed:
432          (a) on an unborn child who is less than 20 weeks gestational age at the time of the
433     abortion; or
434          (b) on an unborn child who is at least 20 weeks gestational age at the time of the
435     abortion, if:
436          (i) the abortion is being performed for a reason described in Subsection
437     76-7-302(3)(b)(i) or (ii); and
438          (ii) due to a serious medical emergency, time does not permit compliance with the
439     requirement to provide the information described in Subsection (2)[(s)](u).
440          (6) The department and each local health department shall make the information
441     module and the website described in Subsection (1) available at no cost to any person.
442          (7) The department shall make the website described in Subsection (1) available for
443     viewing on the department's website by clicking on a conspicuous link on the home page of the
444     website.
445          (8) The department shall ensure that the information module is:
446          (a) available to be viewed at all facilities where an abortion may be performed;
447          (b) interactive for the individual viewing the module, including the provision of
448     opportunities to answer questions and manually engage with the module before the module
449     transitions from one substantive section to the next;
450          (c) produced in English and may include subtitles in Spanish or another language; and
451          (d) capable of being viewed on a tablet or other portable device.
452          (9) After the department releases the initial version of the information module, for the
453     use described in Section 76-7-305, the department shall:
454          (a) update the information module, as required by law; and
455          (b) present an updated version of the information module to the Health and Human
456     Services Interim Committee for the committee's review and recommendation before releasing
457     the updated version for the use described in Section 76-7-305.
458          Section 4. Section 76-7-305.7 is amended to read:
459          76-7-305.7. Statistical report by the Department of Health.
460          (1) As used in this section, "location type" means:
461          (a) an abortion clinic;
462          (b) a physician's office;
463          (c) a medical clinic; or
464          (d) a hospital.
465          [(1)] (2) In accordance with Subsection [(2)] (3), the department shall, on an annual
466     basis, after December 31 of each year, compile and report the following information, relating to
467     the preceding calendar year, to the Health and Human Services Interim Committee:
468          (a) the total number of abortions that were performed in the state;
469          (b) the number of abortions, by procedure type, that were performed in the state;
470          [(b)] (c) the reported reasons, if any, the women sought the abortions described in
471     Subsection [(1)] (2)(a);
472          [(c)] (d) the stage of pregnancy in which the abortions described in Subsection [(1)]
473     (2)(a) were performed, including:
474          (i) the trimester; and
475          (ii) estimated week of pregnancy;
476          [(d)] (e) the races and ethnicities of the women who obtained the abortions described in
477     Subsection [(1)] (2)(a), including:
478          (i) Alaska Native;
479          (ii) American Indian;
480          (iii) Asian;
481          (iv) Black or African American;
482          (v) Hispanic or Latino;
483          (vi) Native Hawaiian or Pacific Islander;
484          (vii) White, not Hispanic or Latino; and
485          (viii) some other race;
486          (f) in relation to women who experienced complications relating to an abortion
487     obtained in the state:
488          (i) the total number of women who experienced complications;
489          (ii) the number of women who experienced complications per complication type; and
490          (iii) for each location type:
491          (A) the number of women whose abortion complications were treated at that location
492     type;
493          (B) the number of women who were treated for an abortion complication before the
494     women left the location after having the abortion;
495          (C) the number of women who were treated for an abortion complication after leaving
496     the location where the woman had the abortion;
497          (D) the number of complications, by complication type, that were treated at the
498     location type; and
499          (E) the number of each abortion complication type experienced per abortion procedure
500     type;
501          [(e)] (g) the total amount of informed consent material described in this section that
502     was distributed or accessed;
503          [(f)] (h) the number of women who obtained abortions in this state without receiving
504     the informed consent materials described in this section;
505          [(g)] (i) the number of statements signed by attending physicians under Subsection
506     76-7-313(3); and
507          [(h)] (j) any other information pertaining to obtaining informed consent from a woman
508     who seeks an abortion.
509          [(2)] (3) The report described in Subsection [(1)] (2) shall be prepared and presented in
510     a manner that preserves physician and patient anonymity.
511          Section 5. Section 76-7-313 is amended to read:
512          76-7-313. Department's enforcement responsibility -- Duty to report to
513     department.
514          (1) In order for the department to maintain necessary statistical information and ensure
515     enforcement of the provisions of this part:
516          (a) any physician performing an abortion must obtain and record in writing:
517          (i) the age, marital status, and county of residence of the woman on whom the abortion
518     was performed;
519          (ii) the unique identifier code and date and time stamp provided to the woman on
520     whom the abortion was performed on the certificate described in Subsection 76-7-305.5(2)(b);
521          [(ii)] (iii) the number of previous abortions performed on the woman described in
522     [Subsection] Subsections (1)(a)(i) and (ii);
523          [(iii)] (iv) the hospital or other facility where the abortion was performed;
524          [(iv)] (v) the weight in grams of the unborn child aborted, if it is possible to ascertain;
525          [(v)] (vi) the pathological description of the unborn child;
526          [(vi)] (vii) the given gestational age of the unborn child;
527          [(vii)] (viii) the date the abortion was performed;
528          [(viii)] (ix) the measurements of the unborn child, if possible to ascertain; and
529          [(ix)] (x) the medical procedure used to abort the unborn child; [and]
530          (b) a facility that treats an abortion complication shall obtain and record in writing the
531     information described in Subsection 76-7-305.7(2)(f)(iii); and
532          [(b)] (c) the department shall make rules in accordance with Title 63G, Chapter 3, Utah
533     Administrative Rulemaking Act[.], regulating the recording and reporting of the information
534     described in this section.
535          (2) Each physician who performs an abortion shall provide the following to the
536     department within 30 days after the day on which the abortion is performed:
537          (a) the information described in Subsection (1)(a);
538          (b) a copy of the pathologist's report described in Section 76-7-309;
539          (c) an affidavit:
540          (i) indicating whether the required consent was obtained pursuant to Sections 76-7-305
541     and 76-7-305.5;
542          (ii) described in Subsection (3), if applicable; and
543          (iii) indicating whether at the time the physician performed the abortion, the physician
544     had any knowledge that the pregnant woman sought the abortion solely because the unborn
545     child had or may have had Down syndrome; and
546          (d) a certificate indicating:
547          (i) whether the unborn child was or was not viable, as defined in Subsection
548     76-7-302(1), at the time of the abortion;
549          (ii) whether the unborn child was older than 18 weeks gestational age at the time of the
550     abortion; and
551          (iii) if the unborn child was viable, as defined in Subsection 76-7-302(1), or older than
552     18 weeks gestational age at the time of the abortion, the reason for the abortion.
553          (3) If the information module or the address to the website is not provided to a
554     pregnant woman, the physician who performs the abortion on the woman shall, within 10 days
555     after the day on which the abortion is performed, provide to the department an affidavit that:
556          (a) specifies the information that was not provided to the woman; and
557          (b) states the reason that the information was not provided to the woman.
558          (4) Each facility that treats an abortion complication shall provide the information
559     described in Subsection (1)(b) to the department within 30 days after the day on which the
560     facility treats the abortion complication.
561          [(4)] (5) All information supplied to the department shall be confidential and privileged
562     pursuant to Title 26, Chapter 25, Confidential Information Release.
563          [(5)] (6) The department shall pursue all administrative and legal remedies when the
564     department determines that a physician or a facility has not complied with the provisions of this
565     part.
566          Section 6. Section 76-7-314 is amended to read:
567          76-7-314. Violations of abortion laws -- Classifications.
568          (1) A willful violation of Section 76-7-307, 76-7-308, 76-7-310, 76-7-310.5, 76-7-311,
569     or 76-7-312 is a felony of the third degree.
570          (2) A violation of Section 76-7-326 is a felony of the third degree.
571          (3) A violation of Section 76-7-302.5 or 76-7-314.5 is a felony of the second degree.
572          (4) A violation of any other provision of this part, including Subsections 76-7-305[(2)]
573     (3)(a) through (c), and (e), is a class A misdemeanor.
574          (5) The Department of Health shall report a physician's violation of any provision of
575     this part to the Physicians Licensing Board, described in Section 58-67-201.
576          (6) Any person with knowledge of a physician's violation of any provision of this part
577     may report the violation to the Physicians Licensing Board, described in Section 58-67-201.
578          (7) In addition to the penalties described in this section[,]:
579          (a) the department may take any action described in Section 26-21-11 against an
580     abortion clinic if a violation of this chapter occurs at the abortion clinic[.]; and
581          (b) the department shall impose a $50,000 fine, per occurrence, against a physician
582     who violates a provision of Section 76-7-305.