1     
ABORTION MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kera Birkeland

5     
Senate Sponsor: ____________

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          ▸     amends informed consent provisions relating to an abortion;
14          ▸     amends the requirements for the abortion information module created by the
15     Department of Health;
16          ▸     amends provisions relating to viewing the abortion information module;
17          ▸     amends statistical reporting requirements relating to abortions;
18          ▸     amends and adds reporting requirements for physicians and facilities;
19          ▸     requires the Department of Health to verify physicians and facilities comply with
20     certain informed consent provisions relating to abortion;
21          ▸     provides a civil penalty for a physician who fails to comply with informed consent
22     provisions relating to an abortion; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          26-21-6.5, as last amended by Laws of Utah 2018, Chapter 282
31          26-21-33, as enacted by Laws of Utah 2020, Chapter 251
32          76-7-305, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
33          76-7-305.5, as last amended by Laws of Utah 2020, Chapter 251
34          76-7-305.7, as last amended by Laws of Utah 2018, Chapter 282
35          76-7-313, as last amended by Laws of Utah 2019, Chapters 124 and 208
36          76-7-314, as last amended by Laws of Utah 2019, Chapter 208
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 26-21-6.5 is amended to read:
40          26-21-6.5. Licensing of an abortion clinic -- Rulemaking authority -- Fee.
41          (1) A type I abortion clinic may not operate in the state without a license issued by the
42     department to operate a type I abortion clinic.
43          (2) A type II abortion clinic may not operate in the state without a license issued by the
44     department to operate a type II abortion clinic.
45          (3) The department shall make rules establishing minimum health, safety, sanitary, and
46     recordkeeping requirements for:
47          (a) a type I abortion clinic; and
48          (b) a type II abortion clinic.
49          (4) To receive and maintain a license described in this section, an abortion clinic shall:
50          (a) apply for a license on a form prescribed by the department;
51          (b) satisfy and maintain the minimum health, safety, sanitary, and recordkeeping
52     requirements established under Subsection (3) that relate to the type of abortion clinic licensed;
53          (c) comply with the recordkeeping and reporting requirements of Section 76-7-313;
54          (d) comply with the requirements of Title 76, Chapter 7, Part 3, Abortion;
55          (e) pay the annual licensing fee; and
56          (f) cooperate with inspections conducted by the department.
57          (5) (a) [The] Except as provided in Subsection (5)(c), the department shall, at least
58     twice per year, inspect each abortion clinic in the state to ensure that the abortion clinic is
59     complying with all statutory and licensing requirements relating to the abortion clinic. [At]
60          (b) The department shall make at least one of the inspections [shall be made] without
61     providing notice to the abortion clinic.
62          (c) Beginning January 1, 2023, the department shall, as part of one of the inspections,
63     verify the information described in Subsection 76-7-313(5).
64          (6) The department shall charge an annual license fee, set by the department in
65     accordance with the procedures described in Section 63J-1-504, to an abortion clinic in an
66     amount that will pay for the cost of the licensing requirements described in this section and the
67     cost of inspecting abortion clinics.
68          (7) The department shall deposit the licensing fees described in this section in the
69     General Fund as a dedicated credit to be used solely to pay for the cost of the licensing
70     requirements described in this section and the cost of inspecting abortion clinics.
71          Section 2. Section 26-21-33 is amended to read:
72          26-21-33. Treatment of aborted remains.
73          (1) As used in this section, "aborted fetus" means a product of human conception,
74     regardless of gestational age, that has died from an abortion as that term is defined in Section
75     76-7-301.
76          (2) (a) A health care facility having possession of an aborted fetus shall provide for the
77     final disposition of the aborted fetus through:
78          (i) cremation as that term is defined in Section 58-9-102; or
79          (ii) interment.
80          (b) A health care facility may not conduct the final disposition of an aborted fetus less
81     than 72 hours after an abortion is performed unless:
82          (i) the pregnant woman authorizes the health care facility, in writing, to conduct the
83     final disposition of the aborted fetus less than 72 hours after the abortion is performed; or
84          (ii) immediate disposition is required under state or federal law.
85          (c) A health care facility may serve as an authorizing agent as defined in Section
86     58-9-102 with respect to the final disposition of an aborted fetus if:
87          (i) the pregnant woman provides written authorization for the health care facility to act
88     as the authorizing agent; or
89          (ii) (A) more than 72 hours have passed since the abortion was performed; and
90          (B) the pregnant woman did not exercise [her] the pregnant woman's right to control
91     the final disposition of the aborted fetus under Subsection (4)(a).
92          (d) Within 120 business days after the day on which an abortion is performed, a health
93     care facility possessing an aborted fetus shall:
94          (i) conduct the final disposition of the aborted fetus in accordance with this section; or
95          (ii) ensure that the aborted fetus is preserved until final disposition.
96          (e) A health care facility shall conduct the final disposition under this section in
97     accordance with applicable state and federal law.
98          (3) Before performing an abortion, a health care facility shall:
99          (a) provide the pregnant woman with the information described in Subsection
100     76-7-305.5(2)[(w)](y) through:
101          (i) a form approved by the department;
102          (ii) an in-person consultation with a physician; or
103          (iii) an in-person consultation with a mental health therapist as defined in Section
104     58-60-102; and
105          (b) if the pregnant woman makes a decision under Subsection (4)(b), document the
106     pregnant woman's decision under Subsection (4)(b) in the pregnant woman's medical record.
107          (4) A pregnant woman who has an abortion:
108          (a) except as provided in Subsection (6), has the right to control the final disposition of
109     the aborted fetus;
110          (b) if the pregnant woman has a preference for disposition of the aborted fetus, shall
111     inform the health care facility of the pregnant woman's decision for final disposition of the
112     aborted fetus;
113          (c) is responsible for the costs related to the final disposition of the aborted fetus at the
114     chosen location if the pregnant woman chooses a method or location for the final disposition of
115     the aborted fetus that is different from the method or location that is usual and customary for
116     the health care facility; and
117          (d) for a medication-induced abortion, shall be permitted to return the aborted fetus to
118     the health care facility in a sealed container for disposition by the health care facility in
119     accordance with this section.
120          (5) The form described in Subsection (3)(a)(i) shall include the following information:
121          "You have the right to decide what you would like to do with the aborted fetus. You
122     may decide for the provider to be responsible for disposition of the fetus. If you are having a
123     medication-induced abortion, you also have the right to bring the aborted fetus back to this
124     provider for disposition after the fetus is expelled. The provider may dispose of the aborted
125     fetus by burial or cremation. You can ask the provider if you want to know the specific method
126     for disposition."
127          (6) If the pregnant woman is a minor, the health care facility shall obtain parental
128     consent for the disposition of the aborted fetus unless the minor is granted a court order under
129     Subsection [76-7-304] 76-7-304.5(1)(b).
130          (7) (a) A health care facility may not include fetal remains with other biological,
131     infectious, or pathological waste.
132          (b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
133     not subject to the requirements of this section.
134          (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
135     the department that the health care facility has complied with the provisions of this section.
136          (ii) The records described in Subsection (7)(c)(i) shall be:
137          (A) maintained for at least two years; and
138          (B) made available to the department for inspection upon request by the department.
139          Section 3. Section 76-7-305 is amended to read:
140          76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
141     -- Exceptions.
142          (1) As used in this section:
143          (a) "Authorized professional" means:
144          (i) a physician, licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
145     58, Chapter 68, Utah Osteopathic Medical Practice Act;
146          (ii) a physician's assistant, licensed under Title 58, Chapter 70a, Utah Physician
147     Assistant Act;
148          (iii) a nurse practitioner, licensed under Title 58, Chapter 31b, Nurse Practice Act;
149          (iv) an advanced practice registered nurse, licensed under Title 58, Chapter 31b, Nurse
150     Practice Act;
151          (v) a registered nurse, licensed under Title 58, Chapter 31b, Nurse Practice Act;
152          (vi) a genetic counselor, licensed under Title 58, Chapter 75, Genetic Counselors
153     Licensing Act; or
154          (vii) a certified nurse midwife, licensed under Title 58, Chapter 44a, Nurse Midwife
155     Practice Act.
156          (b) "Staff member" means:
157          (i) a staff member of a hospital, medical clinic, or abortion clinic; or
158          (ii) an individual under the direction of a physician.
159          [(1)] (2) A person may not perform an abortion, unless, before performing the abortion,
160     the physician who will perform the abortion obtains from the pregnant woman on whom the
161     abortion is to be performed a voluntary and informed written consent that is consistent with:
162          (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
163     Current Opinions; and
164          (b) the provisions of this section.
165          [(2)] (3) Except as provided in Subsection [(8)] (9), consent to an abortion is voluntary
166     and informed only if, at least 72 hours before the abortion:
167          [(a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
168     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
169     physician's assistant presents the information module to the pregnant woman;]
170          (a) a staff member under the direction of a physician or an authorized professional
171     informs the pregnant woman that the pregnant woman:
172          (i) is required to view the information module before the abortion is performed;
173          (ii) may view the information module at any time on the department's website and
174     provides the pregnant woman with a uniform resource locator that the pregnant woman can use
175     to directly access the information module on the department's website; and
176          (iii) has the right to choose to view the information module at any of the following
177     locations chosen by the pregnant woman:
178          (A) the location where the pregnant woman will have the abortion;
179          (B) the location where the individual providing the information described in this
180     Subsection (3)(a) is employed;
181          (C) the location where the pregnant woman is present when the individual providing
182     the information described in this Subsection (3)(a) provides the information; or
183          (D) any other location where the pregnant woman can view the information described
184     in this Subsection (3)(a) using an electronic device;
185          (b) if the pregnant woman chooses to view the information module at a location
186     described in Subsection (3)(a)(iii)(A), (B), or (C), the individual who provides the information
187     described in Subsection (3)(a) to the pregnant woman, presents, and permits the pregnant
188     woman to view, the entire information module at the location chosen by the pregnant woman;
189          [(b)] (c) the pregnant woman:
190          (i) views the entire information module [and];
191          (ii) presents evidence, in the form of the certificate described in Subsection
192     76-7-305.5(2)(b), to the individual described in Subsection [(2)] (3)(a) that the pregnant
193     woman viewed the entire information module; and
194          (iii) signs and dates a document, in the presence of the individual described in
195     Subsection (3)(a), that states, "I, the undersigned, affirm, under penalty of perjury, that I have
196     viewed the entire information module described in Utah Code Section 76-7-305.5.";
197          [(c)] (d) after receiving the [evidence] certificate and signed document described in
198     Subsection [(2)(b)] (3)(c), the individual described in Subsection [(2)] (3)(a):
199          (i) documents that the pregnant woman viewed the entire information module;
200          (ii) signs the document described in Subsection (3)(c)(iii), as a witness to the signature
201     of the pregnant woman;
202          [(ii)] (iii) gives the pregnant woman, upon [her] the pregnant woman's request, a copy
203     of the [documentation] certificate and document described in Subsection [(2)(c)(i)] (3)(d)(i);
204     and
205          [(iii)] (iv) provides a copy of the [statement] certificate and document described in
206     Subsection [(2)(c)(i)] (3)(c) to the physician who is to perform the abortion, upon request of
207     that physician or the pregnant woman;
208          [(d)] (e) after the pregnant woman views the entire information module, [the physician
209     who is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
210     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
211     physician's assistant, in a face-to-face consultation in any location in the state, orally informs
212     the woman of] a staff member under the direction of a physician, or an authorized professional,
213     orally informs the pregnant woman of the following, in a face-to-face consultation where the
214     individual providing the information and the pregnant woman are in each other's physical
215     presence:
216          (i) the nature of the proposed abortion procedure;
217          (ii) specifically how the procedure described in Subsection [(2)(d)(i)] (3)(e)(i) will
218     affect the fetus;
219          (iii) the risks and alternatives to the abortion procedure or treatment;
220          (iv) the potential side effects, risks, complications, and consequences of a
221     medication-induced abortion, if the proposed abortion procedure is a medication-induced
222     abortion;
223          [(iv)] (v) the options and consequences of aborting a medication-induced abortion, if
224     the proposed abortion procedure is a medication-induced abortion;
225          [(v)] (vi) the probable gestational age and a description of the development of the
226     unborn child at the time the abortion would be performed;
227          [(vi)] (vii) the medical risks associated with carrying [her] the child to term;
228          [(vii)] (viii) the right to view an ultrasound of the unborn child, at no expense to the
229     pregnant woman, upon [her] the pregnant woman's request, and to receive written information
230     produced by the department regarding available resources or locations to obtain a free
231     ultrasound, including pregnancy resource centers and other nonprofit entities that provide
232     ultrasound services; and
233          [(viii)] (ix) when the result of a prenatal screening or diagnostic test indicates that the
234     unborn child has or may have Down syndrome, the [Department of Health] department website
235     containing the information described in Section 26-10-14, including the information on the
236     informational support sheet; and
237          [(e)] (f) after the pregnant woman views the entire information module, a staff member
238     of the abortion clinic or hospital provides to the pregnant woman:
239          (i) on a document that the pregnant woman may take home:
240          (A) the address for the department's website described in Section 76-7-305.5; and
241          (B) a statement that the pregnant woman may request, from a staff member of the
242     abortion clinic or hospital where the pregnant woman viewed the information module, a printed
243     copy of the material on the department's website;
244          (ii) a printed copy of the material on the department's website described in Section
245     76-7-305.5, if requested by the pregnant woman; and
246          (iii) a copy of the form described in Subsection 26-21-33(3)(a)(i) regarding the
247     disposition of the aborted fetus.
248          [(3)] (4) Before performing an abortion, the physician who is to perform the abortion
249     shall:
250          (a) in a face-to-face consultation where the physician and the pregnant woman are in
251     each other's physical presence, provide the information described in Subsection [(2)(d)] (3)(e),
252     unless the attending physician or referring physician is the individual who provided the
253     information required under Subsection [(2)(d)] (3)(e); and
254          (b) (i) obtain from the pregnant woman a written certification that the information
255     required to be provided under Subsection [(2)] (3) and this Subsection [(3)] (4) was provided in
256     accordance with the requirements of Subsection [(2)] (3) and this Subsection [(3)] (4);
257          (ii) obtain a copy of the [statement] documentation described in Subsection [(2)(c)(i)]
258     (3)(d); and
259          (iii) ensure that:
260          (A) the pregnant woman has received the information described in Subsections
261     26-21-33(3) and (4); and
262          (B) if the pregnant woman has a preference for the disposition of the aborted fetus, the
263     pregnant woman has informed the health care facility of the pregnant woman's decision
264     regarding the disposition of the aborted fetus.
265          [(4)] (5) When a serious medical emergency compels the performance of an abortion,
266     the physician shall inform the pregnant woman [prior to] before the abortion, if possible, of the
267     medical indications supporting the physician's judgment that an abortion is necessary.
268          [(5)] (6) If an ultrasound is performed on a pregnant woman before an abortion is
269     performed, the individual who performs the ultrasound, or another qualified individual, shall:
270          (a) inform the pregnant woman that the ultrasound images will be simultaneously
271     displayed in a manner to permit [her] the pregnant woman to:
272          (i) view the images, if [she] the pregnant woman chooses to view the images; or
273          (ii) not view the images, if [she] the pregnant woman chooses not to view the images;
274          (b) simultaneously display the ultrasound images in order to permit the pregnant
275     woman to:
276          (i) view the images, if [she] the pregnant woman chooses to view the images; or
277          (ii) not view the images, if [she] the pregnant woman chooses not to view the images;
278          (c) inform the pregnant woman that, if [she] the pregnant woman desires, the person
279     performing the ultrasound, or another qualified person shall provide a detailed description of
280     the ultrasound images, including:
281          (i) the dimensions of the unborn child;
282          (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
283          (iii) the presence of external body parts or internal organs, if present and viewable; and
284          (d) provide the detailed description described in Subsection [(5)] (6)(c), if the pregnant
285     woman requests it.
286          [(6)] (7) The information described in Subsections [(2), (3), and (5)] (3), (4), and (6) is
287     not required to be provided to a pregnant woman under this section if the abortion is performed
288     for a reason described in:
289          (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
290     concur, in writing, that the abortion is necessary to avert:
291          (i) the death of the pregnant woman on whom the abortion is performed; or
292          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
293     of the pregnant woman on whom the abortion is performed; or
294          (b) Subsection 76-7-302(3)(b)(ii).
295          [(7)] (8) In addition to the criminal penalties described in this part, a physician who
296     violates the provisions of this section:
297          (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
298     and
299          (b) shall be subject to:
300          (i) suspension or revocation of the physician's license for the practice of medicine and
301     surgery in accordance with Section 58-67-401 or 58-68-401; and
302          (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
303          [(8)] (9) A physician is not guilty of violating this section for failure to furnish any of
304     the information described in Subsection [(2) or] (3) or (4), or for failing to comply with
305     Subsection [(5)] (6), if:
306          (a) the physician can demonstrate by a preponderance of the evidence that the
307     physician reasonably believed that furnishing the information would have resulted in a severely
308     adverse effect on the physical or mental health of the pregnant woman;
309          (b) in the physician's professional judgment, the abortion was necessary to avert:
310          (i) the death of the pregnant woman on whom the abortion is performed; or
311          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
312     of the pregnant woman on whom the abortion is performed;
313          (c) the pregnancy was the result of rape or rape of a child, as defined in Sections
314     76-5-402 and 76-5-402.1;
315          (d) the pregnancy was the result of incest, as [defined] described in Subsection
316     76-5-406(2)(j) [and] or Section 76-7-102; or
317          (e) at the time of the abortion, the pregnant woman was 14 years [of age] old or
318     younger.
319          [(9)] (10) A physician who complies with the provisions of this section and Section
320     76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
321     informed consent under Section 78B-3-406.
322          [(10)] (11) (a) The department shall provide an ultrasound, in accordance with the
323     provisions of Subsection [(5)] (6)(b), at no expense to the pregnant woman.
324          (b) A local health department shall refer a pregnant woman who requests an ultrasound
325     described in Subsection [(10)] (11)(a) to the department.
326          [(11)] (12) A physician is not guilty of violating this section if:
327          (a) the information described in Subsection [(2)] (3) is provided less than 72 hours
328     before the physician performs the abortion; and
329          (b) in the physician's professional judgment, the abortion was necessary in a case
330     where:
331          (i) a ruptured membrane, documented by the attending or referring physician, will
332     cause a serious infection; or
333          (ii) a serious infection, documented by the attending or referring physician, will cause a
334     ruptured membrane.
335          Section 4. Section 76-7-305.5 is amended to read:
336          76-7-305.5. Requirements for information module and public website.
337          (1) In order to ensure that a pregnant woman's consent to an abortion is truly an
338     informed consent, the department shall, in accordance with the requirements of this section,
339     develop an information module and maintain a public website.
340          (2) The information module and public website described in Subsection (1) shall:
341          (a) be designed and function in a manner that:
342          (i) permits the information module to only be viewed from the beginning to the end,
343     without skipping or fast-forwarding through any part of the information module;
344          (ii) permits an individual to pause or replay any portion of the information module;
345          (iii) has voice-over that:
346          (A) provides an audio presentation of all information presented in the information
347     module; and
348          (B) cannot be skipped or fast-forwarded; and
349          (iv) prohibits the pregnant woman from accessing, viewing, or printing the certificate
350     of completion until the pregnant woman views the entire information module;
351          (b) provide a certificate to a pregnant woman, after the pregnant woman views the
352     entire information module, that includes:
353          (i) a nonsequential code assigned to the pregnant woman that:
354          (A) is unique to the pregnant woman;
355          (B) can be used by the department to identify the pregnant woman; and
356          (C) does not, by simply viewing the code, disclose the identity of the pregnant woman;
357     and
358          (ii) a date and time stamp indicating when the pregnant woman completed viewing the
359     entire information module;
360          [(a)] (c) be scientifically accurate, comprehensible, and presented in a truthful,
361     nonmisleading manner;
362          [(b)] (d) present adoption as a preferred and positive choice and alternative to abortion;
363          [(c)] (e) be produced in a manner that conveys the state's preference for childbirth over
364     abortion;
365          [(d)] (f) state that the state prefers childbirth over abortion;
366          [(e)] (g) state that it is unlawful for any person to coerce a woman to undergo an
367     abortion;
368          [(f)] (h) state that any physician who performs an abortion without obtaining the
369     pregnant woman's informed consent or without providing [her] the pregnant woman a private
370     medical consultation in accordance with the requirements of this section, may be liable to [her]
371     the pregnant woman for damages in a civil action at law;
372          [(g)] (i) provide a geographically indexed list of resources and public and private
373     services available to assist, financially or otherwise, a pregnant woman during pregnancy, at
374     childbirth, and while the child is dependent, including:
375          (i) medical assistance benefits for prenatal care, childbirth, and neonatal care;
376          (ii) services and supports available under Section 35A-3-308;
377          (iii) other financial aid that may be available during an adoption;
378          (iv) services available from public adoption agencies, private adoption agencies, and
379     private attorneys whose practice includes adoption; and
380          (v) the names, addresses, and telephone numbers of each person listed under this
381     Subsection (2)[(g)](i);
382          [(h)] (j) describe the adoption-related expenses that may be paid under Section
383     76-7-203;
384          [(i)] (k) describe the persons who may pay the adoption related expenses described in
385     Subsection (2)[(h)](j);
386          [(j)] (l) except as provided in Subsection (4), describe the legal responsibility of the
387     father of a child to assist in child support, even if the father has agreed to pay for an abortion;
388          [(k)] (m) except as provided in Subsection (4), describe the services available through
389     the Office of Recovery Services, within the Department of Human Services, to establish and
390     collect the support described in Subsection (2)[(j)](l);
391          [(l)] (n) state that private adoption is legal;
392          [(m)] (o) describe and depict, with pictures or video segments, the probable anatomical
393     and physiological characteristics of an unborn child at two-week gestational increments from
394     fertilization to full term, including:
395          (i) brain and heart function;
396          (ii) the presence and development of external members and internal organs; and
397          (iii) the dimensions of the fetus;
398          [(n) show an ultrasound of the heartbeat of an unborn child at:]
399          [(i) four weeks from conception;]
400          [(ii) six to eight weeks from conception; and]
401          [(iii) each month after 10 weeks gestational age, up to 14 weeks gestational age;]
402          [(o) describe abortion procedures used in current medical practice at the various stages
403     of growth of the unborn child, including:]
404          (p) in addition to the pictures or video segments described in Subsection (2)(o), show a
405     high-resolution, three-dimensional video of an ultrasound of an unborn child, that:
406          (i) includes segments of at least 10 seconds of an ultrasound for each of the following
407     gestational ages:
408          (A) six weeks;
409          (B) eight weeks;
410          (C) ten weeks;
411          (D) twelve weeks;
412          (E) sixteen weeks; and
413          (F) twenty weeks; and
414          (ii) includes an audio of the heartbeat of the unborn child at the gestational ages
415     described in Subsections (2)(p)(i)(B) through (F);
416          (q) a detailed, step-by-step, description of each step of each type of abortion procedure
417     used in current medical practice that includes:
418          (i) medically-accurate visual images of what is happening to the unborn child at each
419     step of each type of abortion procedure;
420          (ii) a description of the gestational ages at which each type of abortion procedure is
421     normally used;
422          [(i)] (iii) the medical risks associated with each type of abortion procedure;
423          [(ii)] (iv) the risk related to subsequent childbearing that are associated with each type
424     of abortion procedure; and
425          [(iii)] (v) the consequences of each type of abortion procedure to the unborn child at
426     various stages of fetal development;
427          [(p)] (r) describe the possible detrimental psychological effects of abortion;
428          [(q)] (s) describe the medical risks associated with carrying a child to term;
429          [(r)] (t) include relevant information on the possibility of an unborn child's survival at
430     the two-week gestational increments described in Subsection (2)[(m)](o);
431          [(s)] (u) except as provided in Subsection (5), include:
432          (i) information regarding substantial medical evidence from studies concluding that an
433     unborn child who is at least 20 weeks gestational age may be capable of experiencing pain
434     during an abortion procedure; and
435          (ii) the measures that will be taken in accordance with Section 76-7-308.5;
436          [(t)] (v) explain the options and consequences of aborting a medication-induced
437     abortion;
438          [(u)] (w) include the following statement regarding a medication-induced abortion,
439     "Research indicates that mifepristone alone is not always effective in ending a pregnancy. You
440     may still have a viable pregnancy after taking mifepristone. If you have taken mifepristone but
441     have not yet taken the second drug and have questions regarding the health of your fetus or are
442     questioning your decision to terminate your pregnancy, you should consult a physician
443     immediately.";
444          [(v)] (x) inform a pregnant woman that [she] the pregnant woman has the right to view
445     an ultrasound of the unborn child, at no expense to [her] the pregnant woman, upon [her] the
446     pregnant woman's request;
447          [(w) inform a] (y) provide a digital copy of the form described in Subsection
448     26-21-33(3)(a)(i) to the pregnant woman and inform the pregnant woman that [she] the
449     pregnant woman has the right to:
450          (i) determine the final disposition of the remains of the aborted fetus;
451          (ii) unless the pregnant woman waives this right in writing, wait up to 72 hours after
452     the abortion procedure is performed to make a determination regarding the disposition of the
453     aborted fetus before the health care facility may dispose of the fetal remains;
454          (iii) receive information about options for disposition of the aborted fetus, including
455     the method of disposition that is usual and customary for a health care facility; and
456          (iv) for a medication-induced abortion, return the aborted fetus to the health care
457     facility for disposition; and
458          [(x)] (z) provide a digital copy of the form described in Subsection 26-21-33(3)(a)(i);
459     and
460          [(y)] (aa) be in a typeface large enough to be clearly legible.
461          (3) The information module and public website described in Subsection (1) may
462     include a toll-free 24-hour telephone number that may be called in order to obtain, orally, a list
463     and description of services, agencies, and adoption attorneys in the locality of the caller.
464          (4) The department may develop a version of the information module and public
465     website described in Subsection (1) that omits the information in Subsections (2)[(j) and (k)]
466     (l) and (m) for a viewer who is pregnant as the result of rape.
467          (5) The department may develop a version of the information module and public
468     website described in Subsection (1) that omits the information described in Subsection
469     (2)[(s)](u) for a viewer who will have an abortion performed:
470          (a) on an unborn child who is less than 20 weeks gestational age at the time of the
471     abortion; or
472          (b) on an unborn child who is at least 20 weeks gestational age at the time of the
473     abortion, if:
474          (i) the abortion is being performed for a reason described in Subsection
475     76-7-302(3)(b)(i) or (ii); and
476          (ii) due to a serious medical emergency, time does not permit compliance with the
477     requirement to provide the information described in Subsection (2)[(s)](u).
478          (6) The department and each local health department shall make the information
479     module and the public website described in Subsection (1) available at no cost to any person.
480          (7) The department shall make the public website described in Subsection (1) available
481     for viewing on the department's website by clicking on a conspicuous link on the home page of
482     the department's website.
483          (8) The department shall ensure that the information module described in Subsection
484     (1) is:
485          (a) available to be viewed at all facilities where an abortion may be performed;
486          (b) interactive for the individual viewing the module, including the provision of
487     opportunities to answer questions and manually engage with the module before the module
488     transitions from one substantive section to the next;
489          (c) produced in English and may include subtitles in Spanish or another language; and
490          (d) capable of being viewed on a tablet or other portable device.
491          (9) After the department releases the initial version of the information module, for the
492     use described in Section 76-7-305, the department shall:
493          (a) update the information module, as required by law; and
494          (b) present an updated version of the information module to the Health and Human
495     Services Interim Committee for the committee's review and recommendation before releasing
496     the updated version for the use described in Section 76-7-305.
497          Section 5. Section 76-7-305.7 is amended to read:
498          76-7-305.7. Statistical report by the Department of Health.
499          (1) As used in this section, "location type" means:
500          (a) an abortion clinic;
501          (b) a physician's office;
502          (c) a medical clinic; or
503          (d) a hospital.
504          [(1)] (2) In accordance with Subsection [(2)] (3), the department shall, on an annual
505     basis, after December 31 of each year, compile and report the following information, relating to
506     the preceding calendar year, to the Health and Human Services Interim Committee:
507          (a) the total number of abortions that were performed in the state;
508          (b) the number of abortions, by procedure type, that were performed in the state;
509          [(b)] (c) the reported reasons, if any, the women sought the abortions described in
510     Subsection [(1)] (2)(a);
511          [(c)] (d) the stage of pregnancy in which the abortions described in Subsection [(1)]
512     (2)(a) were performed, including:
513          (i) the trimester; and
514          (ii) estimated week of pregnancy;
515          [(d)] (e) the races and ethnicities of the women who obtained the abortions described in
516     Subsection [(1)] (2)(a), including:
517          (i) Alaska Native;
518          (ii) American Indian;
519          (iii) Asian;
520          (iv) Black or African American;
521          (v) Hispanic or Latino;
522          (vi) Native Hawaiian or Pacific Islander;
523          (vii) White, not Hispanic or Latino; and
524          (viii) some other race;
525          (f) in relation to women who experienced complications relating to an abortion
526     obtained in the state:
527          (i) the total number of women who experienced complications;
528          (ii) the number of women who experienced complications per complication type; and
529          (iii) for each location type:
530          (A) the number of women whose abortion complications were treated at that location
531     type;
532          (B) the number of women who were treated for an abortion complication before the
533     women left the location type after having the abortion;
534          (C) the number of women who were treated for an abortion complication after leaving
535     the location type where the women had the abortion;
536          (D) the number of complications, by complication type, that were treated at the
537     location type; and
538          (E) the number of each abortion complication type experienced per abortion procedure
539     type;
540          [(e)] (g) the total amount of informed consent material described in this section that
541     was distributed or accessed;
542          [(f)] (h) the number of women who obtained abortions in this state without receiving
543     the informed consent materials described in this section;
544          [(g)] (i) the number of statements signed by attending physicians under Subsection
545     76-7-313(3); and
546          [(h)] (j) any other information pertaining to obtaining informed consent from a
547     pregnant woman who seeks an abortion.
548          [(2)] (3) The report described in Subsection [(1)] (2) shall be prepared and presented in
549     a manner that preserves physician and patient anonymity.
550          Section 6. Section 76-7-313 is amended to read:
551          76-7-313. Department's enforcement responsibility -- Duty to report to
552     department -- Department annual investigation of certificates.
553          (1) In order for the department to maintain necessary statistical information and ensure
554     enforcement of the provisions of this part:
555          (a) any physician performing an abortion must obtain and record in writing:
556          (i) the age, marital status, and county of residence of the woman on whom the abortion
557     was performed;
558          (ii) the unique identifier code and date and time stamp provided to the woman on
559     whom the abortion was performed on the certificate described in Subsection 76-7-305.5(2)(b);
560          [(ii)] (iii) the number of previous abortions performed on the woman described in
561     [Subsection] Subsections (1)(a)(i) and (ii);
562          [(iii)] (iv) the hospital or other facility where the abortion was performed;
563          [(iv)] (v) the weight in grams of the unborn child aborted, if it is possible to ascertain;
564          [(v)] (vi) the pathological description of the unborn child;
565          [(vi)] (vii) the given gestational age of the unborn child;
566          [(vii)] (viii) the date the abortion was performed;
567          [(viii)] (ix) the measurements of the unborn child, if possible to ascertain; and
568          [(ix)] (x) the medical procedure used to abort the unborn child; [and]
569          (b) a facility that treats an abortion complication shall obtain and record in writing the
570     information described in Subsection 76-7-305.7(2)(f)(iii); and
571          [(b)] (c) the department shall make rules in accordance with Title 63G, Chapter 3, Utah
572     Administrative Rulemaking Act[.], regulating the recording and reporting of the information
573     described in this section.
574          (2) Each physician who performs an abortion shall provide the following to the
575     department within 30 days after the day on which the abortion is performed:
576          (a) the information described in Subsection (1)(a);
577          (b) a copy of the pathologist's report described in Section 76-7-309;
578          (c) an affidavit:
579          (i) indicating whether the required consent was obtained [pursuant to] under Sections
580     76-7-305 and 76-7-305.5;
581          (ii) described in Subsection (3), if applicable; and
582          (iii) indicating whether at the time the physician performed the abortion, the physician
583     had any knowledge that the pregnant woman sought the abortion solely because the unborn
584     child had or may have had Down syndrome; and
585          (d) a certificate indicating:
586          (i) whether the unborn child was or was not viable, as defined in Subsection
587     76-7-302(1), at the time of the abortion;
588          (ii) whether the unborn child was older than 18 weeks gestational age at the time of the
589     abortion; and
590          (iii) if the unborn child was viable, as defined in Subsection 76-7-302(1), or older than
591     18 weeks gestational age at the time of the abortion, the reason for the abortion.
592          (3) If the information module or the address to the website is not provided to a
593     pregnant woman, the physician who performs the abortion on the pregnant woman shall, within
594     10 days after the day on which the abortion is performed, provide to the department an affidavit
595     that:
596          (a) specifies the information that was not provided to the woman; and
597          (b) states the reason that the information was not provided to the woman.
598          (4) Each facility that treats an abortion complication shall provide the information
599     described in Subsection (1)(b) to the department within 30 days after the day on which the
600     facility treats the abortion complication.
601          (5) Beginning January 1, 2023, the department shall annually investigate all abortion
602     clinics and other facilities that provide abortions in the state to verify:
603          (a) the unique identifier code and date and time stamp from a certificate described in
604     Subsection 76-7-305.5(2)(b) is recorded in writing for each abortion performed at the abortion
605     clinic or other facility during the immediately preceding calendar year; and
606          (b) the date and time stamp for each abortion is at least 72 hours before the time at
607     which the abortion was performed.
608          [(4)] (6) All information supplied to the department shall be confidential and privileged
609     [pursuant to] under Title 26, Chapter 25, Confidential Information Release.
610          [(5)] (7) The department shall pursue all administrative and legal remedies when the
611     department determines that a physician or a facility has not complied with the provisions of this
612     part.
613          Section 7. Section 76-7-314 is amended to read:
614          76-7-314. Violations of abortion laws -- Classifications.
615          (1) A willful violation of Section 76-7-307, 76-7-308, 76-7-310, 76-7-310.5, 76-7-311,
616     or 76-7-312 is a felony of the third degree.
617          (2) A violation of Section 76-7-326 is a felony of the third degree.
618          (3) A violation of Section 76-7-302.5 or 76-7-314.5 is a felony of the second degree.
619          (4) A violation of any other provision of this part, including Subsections 76-7-305[(2)]
620     (3)(a) through (c), and (e), is a class A misdemeanor.
621          (5) The Department of Health shall report a physician's violation of any provision of
622     this part to the Physicians Licensing Board, described in Section 58-67-201.
623          (6) Any person with knowledge of a physician's violation of any provision of this part
624     may report the violation to the Physicians Licensing Board, described in Section 58-67-201.
625          (7) In addition to the penalties described in this section[,]:
626          (a) the department may take any action described in Section 26-21-11 against an
627     abortion clinic if a violation of this chapter occurs at the abortion clinic[.]; and
628          (b) the department shall impose a $50,000 fine, per occurrence, against a physician
629     who violates a provision of Section 76-7-305.