This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 23, 2023 at 9:56 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 2, 2023 at 5:34 PM by lpoole.
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6 Cosponsors:
7 Cheryl K. Acton
8 Carl R. Albrecht
9 Kera Birkeland
10 Brady Brammer
11 Walt Brooks
12 Jefferson S. Burton
Joseph Elison
Katy Hall
Jon Hawkins
Colin W. Jack
Dan N. Johnson
Trevor Lee
Steven J. Lund
A. Cory Maloy
Jefferson Moss
Susan Pulsipher
Mike Schultz
Mark A. Strong
Jordan D. Teuscher
13
14 LONG TITLE
15 General Description:
16 This bill modifies provisions related to abortion.
17 Highlighted Provisions:
18 This bill:
19 ▸ modifies definitions;
20 ▸ requires abortions to be performed in a hospital, with some exceptions;
21 ▸ prohibits licensing of abortion clinics after May 2, 2023, but allows licensing of
22 certain clinics for providing an abortion if the clinic meets certain standards;
23 ▸ removes certain references to abortion clinics;
24 ▸ provides that inducing or performing an abortion contrary to statutory requirements
25 is unprofessional conduct for a physician, osteopathic physician, physician assistant, advanced
26 practice registered nurse, certified nurse midwife, and direct-entry midwife;
27 ▸ modifies provisions that govern what constitutes a medical emergency in relation to
28 an abortion;
29 ▸ modifies the conditions under which an abortion may be performed to protect the
30 life or health of the mother;
31 ▸ amends language related to medical defects of a fetus;
32 ▸ repeals the statute that established a prohibition on abortions after 18 weeks and
33 incorporates its contents into existing statute, replacing language that established
34 now-superseded viability standards;
35 ▸ standardizes language between various statutes that regulate abortion;
36 ▸ requires a physician, in the case of a diagnosis of a lethal fetal anomaly, to give
37 notice of the availability of perinatal hospice and perinatal palliative care services as
38 an alternative to abortion;
39 ▸ treats an individual who becomes pregnant at a certain age as having the same
40 access to abortion services as rape or incest situations;
41 ▸ prohibits the ability to receive an abortion due to rape or incest if the unborn child
42 has reached 18 weeks gestational age;
43 ▸ requires updates to abortion information modules to match current law;
44 ▸ modifies state of mind standards for criminal act;
45 ▸ provides for severability;
46 ▸ provides for regulation of drugs that are known to be used in relation to an abortion;
47 ▸ creates a criminal offense for prescribing a drug for the purpose of causing an
48 abortion, unless the prescriber is licensed as a physician under the laws of this state;
49 and
50 ▸ makes technical changes.
51 Money Appropriated in this Bill:
52 None
53 Other Special Clauses:
54 None
55 Utah Code Sections Affected:
56 AMENDS:
57 26-21-2, as last amended by Laws of Utah 2022, Chapter 255
58 26-21-6.5, as last amended by Laws of Utah 2018, Chapter 282
59 26-21-7, as last amended by Laws of Utah 2019, Chapter 349
60 26-21-8, as last amended by Laws of Utah 2016, Chapter 74
61 26-21-11, as last amended by Laws of Utah 1997, Chapter 209
62 26-21-25, as last amended by Laws of Utah 2010, Chapter 218
63 58-31b-502, as last amended by Laws of Utah 2022, Chapter 290
64 58-44a-502, as last amended by Laws of Utah 2020, Chapter 25
65 58-67-304, as last amended by Laws of Utah 2020, Chapters 12, 339
66 58-67-502, as last amended by Laws of Utah 2021, Chapter 337
67 58-68-304, as last amended by Laws of Utah 2020, Chapters 12, 339
68 58-68-502, as last amended by Laws of Utah 2021, Chapter 337
69 58-70a-501, as last amended by Laws of Utah 2021, Chapter 312
70 58-77-603, as enacted by Laws of Utah 2005, Chapter 299
71 63I-2-276, as last amended by Laws of Utah 2022, Chapter 117
72 76-7-301, as last amended by Laws of Utah 2021, Chapter 262
73 76-7-302, as last amended by Laws of Utah 2022, Chapter 335
74 76-7-302.4, as enacted by Laws of Utah 2019, Chapter 124
75 76-7-304, as last amended by Laws of Utah 2018, Chapter 282
76 76-7-304.5, as last amended by Laws of Utah 2022, Chapter 287
77 76-7-305, as last amended by Laws of Utah 2022, Chapter 181
78 76-7-305.5, as last amended by Laws of Utah 2020, Chapter 251
79 76-7-313, as last amended by Laws of Utah 2019, Chapters 124, 208
80 76-7-314, as last amended by Laws of Utah 2019, Chapter 208
81 76-7-314.5, as last amended by Laws of Utah 2010, Chapter 13
82 76-7-317, as enacted by Laws of Utah 1974, Chapter 33
83 76-7a-101, as last amended by Laws of Utah 2021, Chapter 262
84 76-7a-201, as enacted by Laws of Utah 2020, Chapter 279
85 ENACTS:
86 76-7-332, Utah Code Annotated 1953
87 REPEALS:
88 76-7-302.5, as enacted by Laws of Utah 2019, Chapter 208
89
90 Be it enacted by the Legislature of the state of Utah:
91 Section 1. Section 26-21-2 is amended to read:
92 26-21-2. Definitions.
93 As used in this chapter:
94 (1) (a) "Abortion clinic" means a type I abortion clinic or a type II abortion clinic.
95 (b) "Abortion clinic" does not mean a clinic that meets the definition of hospital under
96 Section 76-7-301 or Section 76-7a-101.
97 (2) "Activities of daily living" means essential activities including:
98 (a) dressing;
99 (b) eating;
100 (c) grooming;
101 (d) bathing;
102 (e) toileting;
103 (f) ambulation;
104 (g) transferring; and
105 (h) self-administration of medication.
106 (3) "Ambulatory surgical facility" means a freestanding facility, which provides
107 surgical services to patients not requiring hospitalization.
108 (4) "Assistance with activities of daily living" means providing of or arranging for the
109 provision of assistance with activities of daily living.
110 (5) (a) "Assisted living facility" means:
111 (i) a type I assisted living facility, which is a residential facility that provides assistance
112 with activities of daily living and social care to two or more residents who:
113 (A) require protected living arrangements; and
114 (B) are capable of achieving mobility sufficient to exit the facility without the
115 assistance of another person; and
116 (ii) a type II assisted living facility, which is a residential facility with a home-like
117 setting that provides an array of coordinated supportive personal and health care services
118 available 24 hours per day to residents who have been assessed under department rule to need
119 any of these services.
120 (b) Each resident in a type I or type II assisted living facility shall have a service plan
121 based on the assessment, which may include:
122 (i) specified services of intermittent nursing care;
123 (ii) administration of medication; and
124 (iii) support services promoting residents' independence and self sufficiency.
125 (6) "Birthing center" means a facility that:
126 (a) receives maternal clients and provides care during pregnancy, delivery, and
127 immediately after delivery; and
128 (b) (i) is freestanding; or
129 (ii) is not freestanding, but meets the requirements for an alongside midwifery unit
130 described in Subsection 26-21-29(7).
131 (7) "Committee" means the Health Facility Committee created in Section 26B-1-204.
132 (8) "Consumer" means any person not primarily engaged in the provision of health care
133 to individuals or in the administration of facilities or institutions in which such care is provided
134 and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in
135 the provision of health care, and does not receive, either directly or through his spouse, more
136 than 1/10 of his gross income from any entity or activity relating to health care.
137 (9) "End stage renal disease facility" means a facility which furnishes staff-assisted
138 kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis.
139 (10) "Freestanding" means existing independently or physically separated from another
140 health care facility by fire walls and doors and administrated by separate staff with separate
141 records.
142 (11) "General acute hospital" means a facility which provides diagnostic, therapeutic,
143 and rehabilitative services to both inpatients and outpatients by or under the supervision of
144 physicians.
145 (12) "Governmental unit" means the state, or any county, municipality, or other
146 political subdivision or any department, division, board, or agency of the state, a county,
147 municipality, or other political subdivision.
148 (13) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
149 health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
150 centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that
151 meets the definition of hospital under Section 76-7-301 or 76-7a-201, facilities owned or
152 operated by health maintenance organizations, end stage renal disease facilities, and any other
153 health care facility which the committee designates by rule.
154 (b) "Health care facility" does not include the offices of private physicians or dentists,
155 whether for individual or group practice, except that it does include an abortion clinic.
156 (14) "Health maintenance organization" means an organization, organized under the
157 laws of any state which:
158 (a) is a qualified health maintenance organization under 42 U.S.C. Sec. 300e-9; or
159 (b) (i) provides or otherwise makes available to enrolled participants at least the
160 following basic health care services: usual physician services, hospitalization, laboratory, x-ray,
161 emergency, and preventive services and out-of-area coverage;
162 (ii) is compensated, except for copayments, for the provision of the basic health
163 services listed in Subsection (14)(b)(i) to enrolled participants by a payment which is paid on a
164 periodic basis without regard to the date the health services are provided and which is fixed
165 without regard to the frequency, extent, or kind of health services actually provided; and
166 (iii) provides physicians' services primarily directly through physicians who are either
167 employees or partners of such organizations, or through arrangements with individual
168 physicians or one or more groups of physicians organized on a group practice or individual
169 practice basis.
170 (15) (a) "Home health agency" means an agency, organization, or facility or a
171 subdivision of an agency, organization, or facility which employs two or more direct care staff
172 persons who provide licensed nursing services, therapeutic services of physical therapy, speech
173 therapy, occupational therapy, medical social services, or home health aide services on a
174 visiting basis.
175 (b) "Home health agency" does not mean an individual who provides services under
176 the authority of a private license.
177 (16) "Hospice" means a program of care for the terminally ill and their families which
178 occurs in a home or in a health care facility and which provides medical, palliative,
179 psychological, spiritual, and supportive care and treatment.
180 (17) "Nursing care facility" means a health care facility, other than a general acute or
181 specialty hospital, constructed, licensed, and operated to provide patient living
182 accommodations, 24-hour staff availability, and at least two of the following patient services:
183 (a) a selection of patient care services, under the direction and supervision of a
184 registered nurse, ranging from continuous medical, skilled nursing, psychological, or other
185 professional therapies to intermittent health-related or paraprofessional personal care services;
186 (b) a structured, supportive social living environment based on a professionally
187 designed and supervised treatment plan, oriented to the individual's habilitation or
188 rehabilitation needs; or
189 (c) a supervised living environment that provides support, training, or assistance with
190 individual activities of daily living.
191 (18) "Person" means any individual, firm, partnership, corporation, company,
192 association, or joint stock association, and the legal successor thereof.
193 (19) "Resident" means a person 21 years old or older who:
194 (a) as a result of physical or mental limitations or age requires or requests services
195 provided in an assisted living facility; and
196 (b) does not require intensive medical or nursing services as provided in a hospital or
197 nursing care facility.
198 (20) "Small health care facility" means a four to 16 bed facility that provides licensed
199 health care programs and services to residents.
200 (21) "Specialty hospital" means a facility which provides specialized diagnostic,
201 therapeutic, or rehabilitative services in the recognized specialty or specialties for which the
202 hospital is licensed.
203 (22) "Substantial compliance" means in a department survey of a licensee, the
204 department determines there is an absence of deficiencies which would harm the physical
205 health, mental health, safety, or welfare of patients or residents of a licensee.
206 (23) "Type I abortion clinic" means a facility, including a physician's office, but not
207 including a general acute or specialty hospital, that:
208 (a) performs abortions, as defined in Section 76-7-301, during the first trimester of
209 pregnancy; and
210 (b) does not perform abortions, as defined in Section 76-7-301, after the first trimester
211 of pregnancy.
212 (24) "Type II abortion clinic" means a facility, including a physician's office, but not
213 including a general acute or specialty hospital, that:
214 (a) performs abortions, as defined in Section 76-7-301, after the first trimester of
215 pregnancy; or
216 (b) performs abortions, as defined in Section 76-7-301, during the first trimester of
217 pregnancy and after the first trimester of pregnancy.
218 Section 2. Section 26-21-6.5 is amended to read:
219 26-21-6.5. Licensing of an abortion clinic -- Rulemaking authority -- Fee --
220 Licensing of a clinic meeting the definition of hospital.
221 (1) (a) No abortion clinic may operate in the state on or after January 1, 2024, or the
222 last valid date of an abortion clinic license issued under the requirements of this section,
223 whichever date is later.
224 (b) Notwithstanding Subsection (1)(a), a licensed abortion clinic may not perform an
225 abortion in violation of any provision of state law.
226 (2) The state may not issue a license for an abortion clinic after May 2, 2023.
227 (3) For any license for an abortion clinic that is issued under this section:
228 (a) A type I abortion clinic may not operate in the state without a license issued by the
229 department to operate a type I abortion clinic.
230 [
231 by the department to operate a type II abortion clinic.
232 [
233 sanitary, and recordkeeping requirements for:
234 [
235 [
236 [
237 shall:
238 [
239 [
240 requirements established under Subsection [
241 licensed;
242 [
243 76-7-313;
244 [
245 Title 76, Chapter 7a, Abortion Prohibition;
246 [
247 [
248 [
249 the state to ensure that the abortion clinic is complying with all statutory and licensing
250 requirements relating to the abortion clinic. At least one of the inspections shall be made
251 without providing notice to the abortion clinic.
252 [
253 accordance with the procedures described in Section 63J-1-504, to an abortion clinic in an
254 amount that will pay for the cost of the licensing requirements described in this section and the
255 cost of inspecting abortion clinics.
256 [
257 General Fund as a dedicated credit to be used solely to pay for the cost of the licensing
258 requirements described in this section and the cost of inspecting abortion clinics.
259 (4) (a) Notwithstanding any other provision of this section, the department may license
260 a clinic that meets the definition of hospital under Section 76-7-301 or Section 76-7a-101.
261 (b) A clinic described in Subsection (4)(a) is not defined as an abortion clinic.
262 Section 3. Section 26-21-7 is amended to read:
263 26-21-7. Exempt facilities.
264 This chapter does not apply to:
265 (1) a dispensary or first aid facility maintained by any commercial or industrial plant,
266 educational institution, or convent;
267 (2) a health care facility owned or operated by an agency of the United States;
268 (3) the office of a physician, physician assistant, or dentist whether it is an individual
269 or group practice[
270 (4) a health care facility established or operated by any recognized church or
271 denomination for the practice of religious tenets administered by mental or spiritual means
272 without the use of drugs, whether gratuitously or for compensation, if it complies with statutes
273 and rules on environmental protection and life safety;
274 (5) any health care facility owned or operated by the Department of Corrections,
275 created in Section 64-13-2; and
276 (6) a residential facility providing 24-hour care:
277 (a) that does not employ direct care staff;
278 (b) in which the residents of the facility contract with a licensed hospice agency to
279 receive end-of-life medical care; and
280 (c) that meets other requirements for an exemption as designated by administrative
281 rule.
282 Section 4. Section 26-21-8 is amended to read:
283 26-21-8. License required -- Not assignable or transferable -- Posting --
284 Expiration and renewal -- Time for compliance by operating facilities.
285 (1) (a) A person or governmental unit acting severally or jointly with any other person
286 or governmental unit, may not establish, conduct, or maintain a health care facility in this state
287 without receiving a license from the department as provided by this chapter and the rules
288 adopted pursuant to this chapter.
289 (b) This Subsection (1) does not apply to facilities that are exempt under Section
290 26-21-7.
291 (2) A license issued under this chapter is not assignable or transferable.
292 (3) The current license shall at all times be posted in each health care facility in a place
293 readily visible and accessible to the public.
294 (4) (a) The department may issue a license for a period of time [
295
296 date of issuance for [
297 department rules adopted pursuant to this chapter.
298 (b) Each license expires at midnight on the day designated on the license as the
299 expiration date, unless previously revoked by the department.
300 (c) The license shall be renewed upon completion of the application requirements,
301 unless the department finds the health care facility has not complied with the provisions of this
302 chapter or the rules adopted pursuant to this chapter.
303 (5) A license may be issued under this section only for the operation of a specific
304 facility at a specific site by a specific person.
305 (6) Any health care facility in operation at the time of adoption of any applicable rules
306 as provided under this chapter shall be given a reasonable time for compliance as determined
307 by the committee.
308 Section 5. Section 26-21-11 is amended to read:
309 26-21-11. Violations -- Denial or revocation of license -- Restricting or prohibiting
310 new admissions -- Monitor.
311 (1) If the department finds a violation of this chapter or any rules adopted
312 pursuant to this chapter the department may take one or more of the following actions:
313 [
314 include time frames for correction of all violations;
315 [
316 [
317 chapter;
318 [
319 or
320 [
321 of the state;
322 [
323 license of a health care facility for:
324 [
325 [
326 care facility;
327 [
328 action is completed;
329 [
330 [
331 [
332 (2) If the department finds that an abortion has been performed in violation of Section
333 76-7-314 or 76-7a-201, the department shall deny or revoke the license.
334 Section 6. Section 26-21-25 is amended to read:
335 26-21-25. Patient identity protection.
336 (1) As used in this section:
337 (a) "EMTALA" means the federal Emergency Medical Treatment and Active Labor
338 Act.
339 (b) "Health professional office" means:
340 (i) a physician's office; or
341 (ii) a dental office.
342 (c) "Medical facility" means:
343 (i) a general acute hospital;
344 (ii) a specialty hospital;
345 (iii) a home health agency;
346 (iv) a hospice;
347 (v) a nursing care facility;
348 (vi) a residential-assisted living facility;
349 (vii) a birthing center;
350 (viii) an ambulatory surgical facility;
351 (ix) a small health care facility;
352 (x) an abortion clinic;
353 (xi) a clinic that meets the definition of hospital under Section 76-7-301 or Section
354 76-7a-101;
355 [
356 [
357 [
358 [
359 (2) (a) In order to discourage identity theft and health insurance fraud, and to reduce
360 the risk of medical errors caused by incorrect medical records, a medical facility or a health
361 professional office shall request identification from an individual prior to providing in-patient
362 or out-patient services to the individual.
363 (b) If the individual who will receive services from the medical facility or a health
364 professional office lacks the legal capacity to consent to treatment, the medical facility or a
365 health professional office shall request identification:
366 (i) for the individual who lacks the legal capacity to consent to treatment; and
367 (ii) from the individual who consents to treatment on behalf of the individual described
368 in Subsection (2)(b)(i).
369 (3) A medical facility or a health professional office:
370 (a) that is subject to EMTALA:
371 (i) may not refuse services to an individual on the basis that the individual did not
372 provide identification when requested; and
373 (ii) shall post notice in its emergency department that informs a patient of the patient's
374 right to treatment for an emergency medical condition under EMTALA;
375 (b) may not be penalized for failing to ask for identification;
376 (c) is not subject to a private right of action for failing to ask for identification; and
377 (d) may document or confirm patient identity by:
378 (i) photograph;
379 (ii) fingerprinting;
380 (iii) palm scan; or
381 (iv) other reasonable means.
382 (4) The identification described in this section:
383 (a) is intended to be used for medical records purposes only; and
384 (b) shall be kept in accordance with the requirements of the Health Insurance
385 Portability and Accountability Act of 1996.
386 Section 7. Section 58-31b-502 is amended to read:
387 58-31b-502. Unprofessional conduct.
388 (1) "Unprofessional conduct" includes:
389 (a) failure to safeguard a patient's right to privacy as to the patient's person, condition,
390 diagnosis, personal effects, or any other matter about which the licensee is privileged to know
391 because of the licensee's or person with a certification's position or practice as a nurse or
392 practice as a medication aide certified;
393 (b) failure to provide nursing service or service as a medication aide certified in a
394 manner that demonstrates respect for the patient's human dignity and unique personal character
395 and needs without regard to the patient's race, religion, ethnic background, socioeconomic
396 status, age, sex, or the nature of the patient's health problem;
397 (c) engaging in sexual relations with a patient during any:
398 (i) period when a generally recognized professional relationship exists between the
399 person licensed or certified under this chapter and the patient; or
400 (ii) extended period when a patient has reasonable cause to believe a professional
401 relationship exists between the person licensed or certified under the provisions of this chapter
402 and the patient;
403 (d) (i) as a result of any circumstance under Subsection (1)(c), exploiting or using
404 information about a patient or exploiting the licensee's or the person with a certification's
405 professional relationship between the licensee or holder of a certification under this chapter and
406 the patient; or
407 (ii) exploiting the patient by use of the licensee's or person with a certification's
408 knowledge of the patient obtained while acting as a nurse or a medication aide certified;
409 (e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
410 (f) unauthorized taking or personal use of nursing supplies from an employer;
411 (g) unauthorized taking or personal use of a patient's personal property;
412 (h) unlawful or inappropriate delegation of nursing care;
413 (i) failure to exercise appropriate supervision of persons providing patient care services
414 under supervision of the licensed nurse;
415 (j) employing or aiding and abetting the employment of an unqualified or unlicensed
416 person to practice as a nurse;
417 (k) failure to file or record any medical report as required by law, impeding or
418 obstructing the filing or recording of such a report, or inducing another to fail to file or record
419 such a report;
420 (l) breach of a statutory, common law, regulatory, or ethical requirement of
421 confidentiality with respect to a person who is a patient, unless ordered by a court;
422 (m) failure to pay a penalty imposed by the division;
423 (n) prescribing a Schedule II controlled substance without complying with the
424 requirements in Section 58-31b-803, if applicable;
425 (o) violating Section 58-31b-801;
426 (p) violating the dispensing requirements of Section 58-17b-309 or Chapter 17b, Part
427 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if
428 applicable;
429 (q) performing or inducing an abortion in violation of the requirements of Section
430 76-7-302 or Section 76-7a-201, regardless of whether the person licensed or certified under the
431 provisions of this chapter is found guilty of a crime in connection with the violation;
432 [
433 conceal:
434 (i) a wrongful or negligent act or omission of an individual licensed under this chapter
435 or an individual under the direction or control of an individual licensed under this chapter; or
436 (ii) conduct described in Subsections (1)(a) through (o) or Subsection 58-1-501(1); or
437 [
438 Act.
439 (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
440 61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, or acting as
441 a limited medical provider, as those terms are defined in Section 26-61a-102, recommending
442 the use of medical cannabis.
443 (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
444 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
445 unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
446 Section 8. Section 58-44a-502 is amended to read:
447 58-44a-502. Unprofessional conduct.
448 "Unprofessional conduct" includes:
449 (1) disregard for a patient's dignity or right to privacy as to the patient's person,
450 condition, possessions, or medical record;
451 (2) engaging in an act, practice, or omission which when considered with the duties
452 and responsibilities of a certified nurse midwife does or could jeopardize the health, safety, or
453 welfare of a patient or the public;
454 (3) failure to confine one's practice as a certified nurse midwife to those acts or
455 practices permitted by law;
456 (4) failure to file or record any medical report as required by law, impeding or
457 obstructing the filing or recording of such a report, or inducing another to fail to file or record
458 such a report;
459 (5) breach of a statutory, common law, regulatory, or ethical requirement of
460 confidentiality with respect to a person who is a patient, unless ordered by the court;
461 (6) failure to pay a penalty imposed by the division;
462 (7) prescribing a schedule II-III controlled substance without a consulting physician;
463 (8) performing or inducing an abortion in violation of the requirements of Section
464 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter
465 is found guilty of a crime in connection with the violation;
466 [
467 consultation, collaboration, and referral with a consulting physician, including failure to
468 identify one or more consulting physicians in the written documents required by Subsection
469 58-44a-102(9)(b)(iii); or
470 (b) representing that the certified nurse midwife is in compliance with Subsection
471 [
472 (9)(a); or
473 [
474 conceal:
475 (a) a wrongful or negligent act or omission of an individual licensed under this chapter
476 or an individual under the direction or control of an individual licensed under this chapter; or
477 (b) conduct described in Subsections (1) through [
478 Section 9. Section 58-67-304 is amended to read:
479 58-67-304. License renewal requirements.
480 (1) As a condition precedent for license renewal, each licensee shall, during each
481 two-year licensure cycle or other cycle defined by division rule:
482 (a) complete qualified continuing professional education requirements in accordance
483 with the number of hours and standards defined by division rule made in collaboration with the
484 board;
485 (b) appoint a contact person for access to medical records and an alternate contact
486 person for access to medical records in accordance with Subsection 58-67-302(1)(i);
487 (c) if the licensee practices medicine in a location with no other persons licensed under
488 this chapter, provide some method of notice to the licensee's patients of the identity and
489 location of the contact person and alternate contact person for the licensee; and
490 (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
491 successfully complete the educational methods and programs described in Subsection
492 58-67-807(4).
493 (2) If a renewal period is extended or shortened under Section 58-67-303, the
494 continuing education hours required for license renewal under this section are increased or
495 decreased proportionally.
496 (3) (a) An application to renew a license under this chapter shall:
497 [
498 abortions in Utah in a location other than a hospital?"; and
499 [
500 purposes of the immediately preceding question, elective abortion means an abortion other than
501 one of the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion
502 that is necessary to avert the death of a woman, an abortion that is necessary to avert a serious
503 physical risk of substantial [
504 woman, an abortion of a fetus that has a defect that is uniformly diagnosable and uniformly
505 lethal, or an abortion where the woman is pregnant as a result of rape or incest."
506 (b) The statement in Subsection (3)(a)(ii) shall be modified, if necessary, to ensure
507 compliance with the definitions and requirements of Title 76, Chapter 7, Part 3, Abortion, and
508 Title 76, Chapter 7a, Abortion Prohibition.
509 (4) In order to assist the Department of Health and Human Services in fulfilling [
510 the department's responsibilities relating to the licensing of [
511 facility and the enforcement of Title 76, Chapter 7, Part 3, Abortion, and Title 76, Chapter 7a,
512 Abortion Prohibition, if a physician responds positively to the question described in Subsection
513 [
514 renews the physician's license under this chapter, inform the Department of Health and Human
515 Services in writing:
516 (a) of the name and business address of the physician; and
517 (b) that the physician responded positively to the question described in Subsection
518 [
519 (5) The division shall accept and apply toward the hour requirement in Subsection
520 (1)(a) any continuing education that a physician completes in accordance with Sections
521 26-61a-106 and 26-61a-403.
522 Section 10. Section 58-67-502 is amended to read:
523 58-67-502. Unprofessional conduct.
524 (1) "Unprofessional conduct" includes, in addition to the definition in Section
525 58-1-501:
526 (a) using or employing the services of any individual to assist a licensee in any manner
527 not in accordance with the generally recognized practices, standards, or ethics of the
528 profession, state law, or division rule;
529 (b) making a material misrepresentation regarding the qualifications for licensure under
530 Section 58-67-302.7 or Section 58-67-302.8;
531 (c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
532 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
533 (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act;
534 [
535 (e) performing or inducing an abortion in violation of the requirements of Section
536 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter
537 is found guilty of a crime in connection with the violation; or
538 [
539 conceal:
540 (i) a wrongful or negligent act or omission of an individual licensed under this chapter
541 or an individual under the direction or control of an individual licensed under this chapter; or
542 (ii) conduct described in Subsections (1)(a) through [
543 58-1-501(1).
544 (2) "Unprofessional conduct" does not include:
545 (a) in compliance with Section 58-85-103:
546 (i) obtaining an investigational drug or investigational device;
547 (ii) administering the investigational drug to an eligible patient; or
548 (iii) treating an eligible patient with the investigational drug or investigational device;
549 or
550 (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
551 (i) when registered as a qualified medical provider or acting as a limited medical
552 provider, as those terms are defined in Section 26-61a-102, recommending the use of medical
553 cannabis;
554 (ii) when registered as a pharmacy medical provider, as that term is defined in Section
555 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
556 (iii) when registered as a state central patient portal medical provider, as that term is
557 defined in Section 26-61a-102, providing state central patient portal medical provider services.
558 (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
559 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
560 unprofessional conduct for a physician described in Subsection (2)(b).
561 Section 11. Section 58-68-304 is amended to read:
562 58-68-304. License renewal requirements.
563 (1) As a condition precedent for license renewal, each licensee shall, during each
564 two-year licensure cycle or other cycle defined by division rule:
565 (a) complete qualified continuing professional education requirements in accordance
566 with the number of hours and standards defined by division rule in collaboration with the
567 board;
568 (b) appoint a contact person for access to medical records and an alternate contact
569 person for access to medical records in accordance with Subsection 58-68-302(1)(i);
570 (c) if the licensee practices osteopathic medicine in a location with no other persons
571 licensed under this chapter, provide some method of notice to the licensee's patients of the
572 identity and location of the contact person and alternate contact person for access to medical
573 records for the licensee in accordance with Subsection 58-68-302(1)(j); and
574 (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
575 successfully complete the educational methods and programs described in Subsection
576 58-68-807(4).
577 (2) If a renewal period is extended or shortened under Section 58-68-303, the
578 continuing education hours required for license renewal under this section are increased or
579 decreased proportionally.
580 (3) (a) An application to renew a license under this chapter shall:
581 [
582 abortions in Utah in a location other than a hospital?"; and
583 [
584 purposes of the immediately preceding question, elective abortion means an abortion other than
585 one of the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion
586 that is necessary to avert the death of a woman, an abortion that is necessary to avert a serious
587 physical risk of substantial [
588 woman, an abortion of a fetus that has a defect that is uniformly diagnosable and uniformly
589 lethal, or an abortion where the woman is pregnant as a result of rape or incest."
590 (b) The statement in Subsection (3)(a)(ii) shall be modified, if necessary, to ensure
591 compliance with the definitions and requirements of Title 76, Chapter 7, Part 3, Abortion, and
592 Title 76, Chapter 7a, Abortion Prohibition.
593 (4) In order to assist the Department of Health and Human Services in fulfilling [
594 the department's responsibilities relating to the licensing of [
595 facility and the enforcement of Title 76, Chapter 7, Part 3, Abortion, and Title 76, Chapter 7a,
596 Abortion Prohibition, if a physician responds positively to the question described in Subsection
597 [
598 physician's license under this chapter, inform the Department of Health and Human Services in
599 writing:
600 (a) of the name and business address of the physician; and
601 (b) that the physician responded positively to the question described in Subsection
602 [
603 (5) The division shall accept and apply toward the hour requirement in Subsection
604 (1)(a) any continuing education that a physician completes in accordance with Sections
605 26-61a-106 and 26-61a-403.
606 Section 12. Section 58-68-502 is amended to read:
607 58-68-502. Unprofessional conduct.
608 (1) "Unprofessional conduct" includes, in addition to the definition in Section
609 58-1-501:
610 (a) using or employing the services of any individual to assist a licensee in any manner
611 not in accordance with the generally recognized practices, standards, or ethics of the
612 profession, state law, or division rule;
613 (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
614 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
615 (c) making a material misrepresentation regarding the qualifications for licensure under
616 Section 58-68-302.5;
617 (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act;
618 [
619 (e) performing or inducing an abortion in violation of the requirements of Section
620 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter
621 is found guilty of a crime in connection with the violation; or
622 [
623 conceal:
624 (i) a wrongful or negligent act or omission of an individual licensed under this chapter
625 or an individual under the direction or control of an individual licensed under this chapter; or
626 (ii) conduct described in Subsections (1)(a) through [
627 58-1-501(1).
628 (2) "Unprofessional conduct" does not include:
629 (a) in compliance with Section 58-85-103:
630 (i) obtaining an investigational drug or investigational device;
631 (ii) administering the investigational drug to an eligible patient; or
632 (iii) treating an eligible patient with the investigational drug or investigational device;
633 or
634 (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
635 (i) when registered as a qualified medical provider or acting as a limited medical
636 provider, as those terms are defined in Section 26-61a-102, recommending the use of medical
637 cannabis;
638 (ii) when registered as a pharmacy medical provider, as that term is defined in Section
639 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
640 (iii) when registered as a state central patient portal medical provider, as that term is
641 defined in Section 26-61a-102, providing state central patient portal medical provider services.
642 (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
643 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
644 unprofessional conduct for a physician described in Subsection (2)(b).
645 Section 13. Section 58-70a-501 is amended to read:
646 58-70a-501. Scope of practice.
647 (1) A physician assistant may provide any medical services that are not specifically
648 prohibited under this chapter or rules adopted under this chapter, and that are within the
649 physician assistant's skills and scope of competence.
650 (2) A physician assistant shall consult, collaborate with, and refer to appropriate
651 members of the health care team:
652 (a) as indicated by the patient's condition;
653 (b) based on the physician assistant's education, experience, and competencies;
654 (c) the applicable standard of care; and
655 (d) if applicable, in accordance with the requirements described in Section 58-70a-307.
656 (3) Subject to Section 58-70a-307, the degree of collaboration under Subsection (2):
657 (a) shall be determined at the physician assistant's practice, including decisions made
658 by the physician assistant's:
659 (i) employer;
660 (ii) group;
661 (iii) hospital service; or
662 (iv) health care facility credentialing and privileging system; and
663 (b) may also be determined by a managed care organization with whom the physician
664 assistant is a network provider.
665 (4) A physician assistant may only provide healthcare services:
666 (a) for which the physician assistant has been trained and credentialed, privileged, or
667 authorized to perform; and
668 (b) that are within the physician assistant's practice specialty.
669 (5) A physician assistant may authenticate through a signature, certification, stamp,
670 verification, affidavit, or endorsement any document that may be authenticated by a physician
671 and that is within the physician assistant's scope of practice.
672 (6) A physician assistant is responsible for the care that the physician assistant
673 provides.
674 (7) (a) As used in this Subsection (7):
675 (i) "ALS/ACLS certification" means a certification:
676 (A) in advanced life support by the American Red Cross;
677 (B) in advanced cardiac life support by the American Heart Association; or
678 (C) that is equivalent to a certification described in Subsection (7)(a)(i)(A) or (B).
679 (ii) "Minimal sedation anxiolysis" means creating a drug induced state:
680 (A) during which a patient responds normally to verbal commands;
681 (B) which may impair cognitive function and physical coordination; and
682 (C) which does not affect airway, reflexes, or ventilatory and cardiovascular function.
683 (b) Except as provided in Subsections (c) through (e), a physician assistant may not
684 administer general anesthetics.
685 (c) A physician assistant may perform minimal sedation anxiolysis if the procedure is
686 within the physician assistant's scope of practice.
687 (d) A physician assistant may perform rapid sequence induction for intubation of a
688 patient if:
689 (i) the procedure is within the physician assistant's scope of practice;
690 (ii) the physician assistant holds a valid ALS/ACLS certification and is credentialed
691 and privileged at the hospital where the procedure is performed; and
692 (iii) (A) a qualified physician is not available and able to perform the procedure; or
693 (B) the procedure is performed by the physician assistant under supervision of or
694 delegation by a physician.
695 (e) Subsection (7)(b) does not apply to anesthetics administered by a physician
696 assistant:
697 (i) in an intensive care unit of a hospital;
698 (ii) for the purpose of enabling a patient to tolerate ventilator support or intubation; and
699 (iii) under supervision of or delegation by a physician whose usual scope of practice
700 includes the procedure.
701 (8) (a) A physician assistant may prescribe or administer an appropriate controlled
702 substance that is within the physician assistant's scope of practice if the physician assistant
703 holds a Utah controlled substance license and a DEA registration.
704 (b) A physician assistant may prescribe, order, administer, and procure a drug or
705 medical device that is within the physician assistant's scope of practice.
706 (c) A physician assistant may dispense a drug if dispensing the drug:
707 (i) is permitted under Title 58, Chapter 17b, Pharmacy Practice Act; and
708 (ii) is within the physician assistant's scope of practice.
709 (9) A physician assistant may not perform or induce an abortion in violation of the
710 requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the physician
711 assistant is found guilty of a crime in connection with the violation.
712 [
713 a health care service that:
714 (a) is appropriate to perform or provide outside of a health care facility; and
715 (b) the physician assistant has been trained and credentialed or authorized to provide or
716 perform independently without physician supervision.
717 [
718 (a) shall wear an identification badge showing the physician assistant's license
719 classification as a physician assistant;
720 (b) shall identify themselves to a patient as a physician assistant; and
721 (c) may not identify themselves to any person in connection with activities allowed
722 under this chapter other than as a physician assistant or PA.
723 Section 14. Section 58-77-603 is amended to read:
724 58-77-603. Prohibited practices.
725 A direct-entry midwife may not:
726 (1) administer a prescription drug to a client in a manner that violates this chapter;
727 (2) effect any type of surgical delivery except for the cutting of an emergency
728 episiotomy;
729 (3) administer any type of epidural, spinal, or caudal anesthetic, or any type of narcotic
730 analgesia;
731 (4) use forceps or a vacuum extractor;
732 (5) manually remove the placenta, except in an emergency that presents an immediate
733 threat to the life of the client; or
734 (6) [
735 Section 76-7-302 or Section 76-7a-201, regardless of whether the direct-entry midwife is found
736 guilty of a crime in connection with the violation.
737 Section 15. Section 63I-2-276 is amended to read:
738 63I-2-276. Repeal dates: Title 76.
739 (1) Subsection 76-5-102.7(2)(b), regarding assault or threat of violence against an
740 owner, employee, or contractor of a health facility, is repealed January 1, 2027.
741 [
742
743 [
744 Section 16. Section 76-7-301 is amended to read:
745 76-7-301. Definitions.
746 As used in this part:
747 (1) (a) "Abortion" means[
748 prescribing a drug, with the intent to cause the death of an unborn child of a woman known to
749 be pregnant, except as permitted under this part.
750 [
751
752
753 [
754
755
756 [
757
758
759 (b) "Abortion" does not include:
760 (i) removal of a dead unborn child;
761 (ii) removal of an ectopic pregnancy; or
762 (iii) the killing or attempted killing of an unborn child without the consent of the
763 pregnant woman, unless:
764 (A) the killing or attempted killing is done through a medical procedure carried out by
765 a physician or through a substance used under the direction of a physician; and
766 (B) the physician is unable to obtain the consent due to a medical emergency.
767 [
768 [
769 [
770 [
771 chromosome 21, in whole or in part, or an effective trisomy for chromosome 21.
772 [
773 day of the last menstrual period of the pregnant woman.
774 [
775 (a) a general hospital licensed by the department according to Title 26, Chapter 21,
776 Health Care Facility Licensing and Inspection Act; and
777 (b) a clinic or other medical facility [
778
779
780
781
782 (i) a clinician who performs procedures at the clinic is required to be credentialed to
783 perform the same procedures at a general hospital licensed by the department; and
784 (ii) any procedures performed at the clinic are done with the same level of safety for
785 the pregnant woman and unborn child as would be available in a general hospital licensed by
786 the department.
787 [
788 prepared by the department.
789 [
790
791
792
793 life threatening physical condition aggravated by, caused by, or arising from a pregnancy that
794 places the pregnant woman at risk of death, or poses a serious risk of substantial impairment of
795 a major bodily function, unless the abortion is performed or induced.
796 [
797 (a) under 18 years old;
798 (b) unmarried; and
799 (c) not emancipated.
800 [
801 performing the abortion:
802 (i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a
803 head first presentation, the entire fetal head is outside the body of the mother, or, in the case of
804 breech presentation, any part of the fetal trunk past the navel is outside the body of the mother,
805 for the purpose of performing an overt act that the person knows will kill the partially delivered
806 living fetus; and
807 (ii) performs the overt act, other than completion of delivery, that kills the partially
808 living fetus.
809 (b) "Partial birth abortion" does not include the dilation and evacuation procedure
810 involving dismemberment prior to removal, the suction curettage procedure, or the suction
811 aspiration procedure for abortion.
812 (11) "Perinatal hospice" means comprehensive support to the mother and her family
813 from the time of the diagnosis of a lethal fetal anomaly, through the time of the child's birth,
814 and through the postpartum period, that:
815 (a) focuses on alleviating fear and ensuring that the woman and her family experience
816 the life and death of a child in a comfortable and supportive environment; and
817 (b) may include counseling or medical care by:
818 (i) maternal-fetal medical specialists;
819 (ii) obstetricians;
820 (iii) neonatologists;
821 (iv) anesthesia specialists;
822 (v) psychiatrists, psychologists, or other mental health providers;
823 (vi) clergy;
824 (vii) social workers; or
825 (viii) specialty nurses.
826 (12) "Physician" means:
827 (a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter
828 67, Utah Medical Practice Act;
829 (b) an osteopathic physician licensed to practice osteopathic medicine under Title 58,
830 Chapter 68, Utah Osteopathic Medical Practice Act; or
831 (c) a physician employed by the federal government who has qualifications similar to
832 [
833 (13) (a) "Severe brain abnormality" means a malformation or defect that causes an
834 individual to live in a mentally vegetative state.
835 (b) "Severe brain abnormality" does not include:
836 (i) Down syndrome;
837 (ii) spina bifida;
838 (iii) cerebral palsy; or
839 (iv) any other malformation, defect, or condition that does not cause an individual to
840 live in a mentally vegetative state.
841 Section 17. Section 76-7-302 is amended to read:
842 76-7-302. Circumstances under which abortion authorized.
843 [
844
845
846 [
847 [
848 circumstances:
849 (a) the unborn child [
850 (b) the unborn child [
851 (i) the abortion is necessary to avert:
852 (A) the death of the woman on whom the abortion is performed; or
853 (B) a serious physical risk of substantial [
854 bodily function of the woman on whom the abortion is performed; or
855 (ii) subject to Subsection (4), two physicians who practice maternal fetal medicine
856 concur, in writing, in the patient's medical record that the fetus[
857 the physicians' reasonable medical judgment is incompatible with life; or
858 [
859 [
860 [
861 (c) the unborn child has not reached 18 weeks gestational age and:
862 (i) (A) the woman is pregnant as a result of:
863 (I) rape, as described in Section 76-5-402;
864 (II) rape of a child, as described in Section 76-5-402.1; or
865 (III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; [
866 (B) the pregnant Ŝ→ [
867 [
868 [
869 incident described in Subsection [
870 enforcement; and
871 [
872 [
873 it is necessary to perform the abortion in another location due to a medical emergency.
874 (4) If the unborn child has been diagnosed with a fetal abnormality that is incompatible
875 with life, at the time of the diagnosis, the physician shall inform the woman, both verbally and
876 in writing, that perinatal hospice and perinatal palliative care services are available and are an
877 alternative to abortion.
878 Section 18. Section 76-7-302.4 is amended to read:
879 76-7-302.4. Abortion restriction of an unborn child with Down syndrome.
880 Notwithstanding any other provision of this part, an abortion may not be performed if
881 the pregnant mother's sole reason for the abortion is that the unborn child has or may have
882 Down syndrome, unless the abortion is permissible for a reason described in [
883
884 Section 19. Section 76-7-304 is amended to read:
885 76-7-304. Considerations by physician -- Notice to a parent or guardian --
886 Exceptions.
887 (1) To enable the physician to exercise the physician's best medical judgment, the
888 physician shall consider all factors relevant to the well-being of a pregnant woman upon whom
889 an abortion is to be performed, including:
890 (a) her physical, emotional, and psychological health and safety;
891 (b) her age; and
892 (c) her familial situation.
893 (2) Subject to Subsection (3), at least 24 hours before a physician performs an abortion
894 on a minor, the physician shall notify a parent or guardian of the minor that the minor intends
895 to have an abortion.
896 (3) A physician is not required to comply with Subsection (2) if:
897 (a) subject to Subsection (4)(a):
898 (i) a medical condition exists that, on the basis of the physician's good faith clinical
899 judgment, so complicates the medical condition of a pregnant minor as to necessitate the
900 abortion of her pregnancy to avert:
901 (A) the minor's death; or
902 (B) a serious physical risk of substantial [
903 bodily function of the minor; and
904 (ii) there is not sufficient time to give the notice required under Subsection (2) before it
905 is necessary to terminate the minor's pregnancy in order to avert the minor's death or
906 impairment described in Subsection (3)(a)(i);
907 (b) subject to Subsection (4)(b):
908 (i) the physician complies with Subsection (5); and
909 (ii) (A) the minor is pregnant as a result of incest to which the parent or guardian was a
910 party; or
911 (B) the parent or guardian has abused the minor; or
912 (c) subject to Subsection (4)(b), the parent or guardian has not assumed responsibility
913 for the minor's care and upbringing.
914 (4) (a) If, for the reason described in Subsection (3)(a), a physician does not give the
915 24-hour notice described in Subsection (2), the physician shall give the required notice as early
916 as possible before the abortion, unless it is necessary to perform the abortion immediately in
917 order to avert the minor's death or impairment described in Subsection (3)(a)(i).
918 (b) If, for a reason described in Subsection (3)(b) or (c), a parent or guardian of a minor
919 is not notified that the minor intends to have an abortion, the physician shall notify another
920 parent or guardian of the minor, if the minor has another parent or guardian that is not exempt
921 from notification under Subsection (3)(b) or (c).
922 (5) If, for a reason described in Subsection (3)(b)(ii)(A) or (B), a physician does not
923 notify a parent or guardian of a minor that the minor intends to have an abortion, the physician
924 shall report the incest or abuse to the Division of Child and Family Services within the
925 Department of Health and Human Services.
926 Section 20. Section 76-7-304.5 is amended to read:
927 76-7-304.5. Consent required for abortions performed on minors -- Division of
928 Child and Family Services as guardian of a minor -- Hearing to allow a minor to
929 self-consent -- Appeals.
930 (1) In addition to the other requirements of this part, a physician may not perform an
931 abortion on a minor unless:
932 (a) the physician obtains the informed written consent of a parent or guardian of the
933 minor, in accordance with Sections 76-7-305 and 76-7-305.5;
934 (b) the minor is granted the right, by court order under Subsection (4)(b), to consent to
935 the abortion without obtaining consent from a parent or guardian; or
936 (c) (i) a medical condition exists that, on the basis of the physician's good faith clinical
937 judgment, so complicates the medical condition of a pregnant minor as to necessitate the
938 abortion of her pregnancy to avert:
939 (A) the minor's death; or
940 (B) a [
941
942 (ii) there is not sufficient time to obtain the consent in the manner chosen by the minor
943 under Subsection (2) before it is necessary to terminate the minor's pregnancy in order to avert
944 the minor's death or impairment described in Subsection (1)(c)(i).
945 (2) (a) A minor who wants to have an abortion may choose:
946 (i) to seek consent from the minor's parent or guardian as described in Subsection (1);
947 or
948 (ii) to seek a court order as described in Subsection (1).
949 (b) Neither Subsection (1) nor this Subsection (2) require the minor to seek or obtain
950 consent from the minor's parent or guardian if the circumstances described in Subsection
951 76-7-304(3)(b)(ii) exist.
952 (3) If a minor does not obtain the consent of the minor's parent or guardian, the minor
953 may file a petition with the juvenile court to obtain a court order as described in Subsection (1).
954 (4) (a) The juvenile court shall close the hearing on a petition described in Subsection
955 (3) to the public.
956 (b) After considering the evidence presented at the hearing, the court shall order that
957 the minor may obtain an abortion without the consent of a parent or guardian of the minor if
958 the court finds by a preponderance of the evidence that:
959 (i) the minor:
960 (A) has given her informed consent to the abortion; and
961 (B) is mature and capable of giving informed consent to the abortion; or
962 (ii) an abortion would be in the minor's best interest.
963 (5) The Judicial Council shall make rules that:
964 (a) provide for the administration of the proceedings described in this section;
965 (b) provide for the appeal of a court's decision under this section;
966 (c) ensure the confidentiality of the proceedings described in this section and the
967 records related to the proceedings; and
968 (d) establish procedures to expedite the hearing and appeal proceedings described in
969 this section.
970 Section 21. Section 76-7-305 is amended to read:
971 76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
972 -- Exceptions.
973 (1) A person may not perform an abortion, unless, before performing the abortion, the
974 physician who will perform the abortion obtains from the woman on whom the abortion is to
975 be performed a voluntary and informed written consent that is consistent with:
976 (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
977 Current Opinions; and
978 (b) the provisions of this section.
979 (2) Except as provided in Subsection (8), consent to an abortion is voluntary and
980 informed only if, at least 72 hours before the abortion:
981 (a) a staff member of [
982 nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic
983 counselor, or physician's assistant presents the information module to the pregnant woman;
984 (b) the pregnant woman views the entire information module and presents evidence to
985 the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
986 information module;
987 (c) after receiving the evidence described in Subsection (2)(b), the individual described
988 in Subsection (2)(a):
989 (i) documents that the pregnant woman viewed the entire information module;
990 (ii) gives the pregnant woman, upon her request, a copy of the documentation
991 described in Subsection (2)(c)(i); and
992 (iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
993 who is to perform the abortion, upon request of that physician or the pregnant woman;
994 (d) after the pregnant woman views the entire information module, the physician who
995 is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
996 practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
997 physician's assistant, in a face-to-face consultation in any location in the state, orally informs
998 the woman of:
999 (i) the nature of the proposed abortion procedure;
1000 (ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
1001 fetus;
1002 (iii) the risks and alternatives to the abortion procedure or treatment;
1003 (iv) the options and consequences of aborting a medication-induced abortion, if the
1004 proposed abortion procedure is a medication-induced abortion;
1005 (v) the probable gestational age and a description of the development of the unborn
1006 child at the time the abortion would be performed;
1007 (vi) the medical risks associated with carrying her child to term;
1008 (vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
1009 woman, upon her request; and
1010 (viii) when the result of a prenatal screening or diagnostic test indicates that the unborn
1011 child has or may have Down syndrome, the [
1012 department's website, which contains the information described in Section 26-10-14, including
1013 the information on the informational support sheet; and
1014 (e) after the pregnant woman views the entire information module, a staff member of
1015 the [
1016 (i) on a document that the pregnant woman may take home:
1017 (A) the address for the department's website described in Section 76-7-305.5; and
1018 (B) a statement that the woman may request, from a staff member of the [
1019
1020 material on the department's website;
1021 (ii) a printed copy of the material on the department's website described in Section
1022 76-7-305.5, if requested by the pregnant woman; and
1023 (iii) a copy of the form described in Subsection 26-21-33(3)(a)(i) regarding the
1024 disposition of the aborted fetus.
1025 (3) Before performing an abortion, the physician who is to perform the abortion shall:
1026 (a) in a face-to-face consultation, provide the information described in Subsection
1027 (2)(d), unless the attending physician or referring physician is the individual who provided the
1028 information required under Subsection (2)(d); and
1029 (b) (i) obtain from the pregnant woman a written certification that the information
1030 required to be provided under Subsection (2) and this Subsection (3) was provided in
1031 accordance with the requirements of Subsection (2) and this Subsection (3);
1032 (ii) obtain a copy of the statement described in Subsection (2)(c)(i); and
1033 (iii) ensure that:
1034 (A) the woman has received the information described in Subsections 26-21-33(3) and
1035 (4); and
1036 (B) if the woman has a preference for the disposition of the aborted fetus, the woman
1037 has informed the health care facility of the woman's decision regarding the disposition of the
1038 aborted fetus.
1039 (4) When a [
1040 physician shall inform the woman prior to the abortion, if possible, of the medical indications
1041 supporting the physician's judgment that an abortion is necessary.
1042 (5) If an ultrasound is performed on a woman before an abortion is performed, the
1043 individual who performs the ultrasound, or another qualified individual, shall:
1044 (a) inform the woman that the ultrasound images will be simultaneously displayed in a
1045 manner to permit her to:
1046 (i) view the images, if she chooses to view the images; or
1047 (ii) not view the images, if she chooses not to view the images;
1048 (b) simultaneously display the ultrasound images in order to permit the woman to:
1049 (i) view the images, if she chooses to view the images; or
1050 (ii) not view the images, if she chooses not to view the images;
1051 (c) inform the woman that, if she desires, the person performing the ultrasound, or
1052 another qualified person shall provide a detailed description of the ultrasound images,
1053 including:
1054 (i) the dimensions of the unborn child;
1055 (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
1056 (iii) the presence of external body parts or internal organs, if present and viewable; and
1057 (d) provide the detailed description described in Subsection (5)(c), if the woman
1058 requests it.
1059 (6) The information described in Subsections (2), (3), and (5) is not required to be
1060 provided to a pregnant woman under this section if the abortion is performed for a reason
1061 described in:
1062 (a) Subsection [
1063 other physician concur, in writing, that the abortion is necessary to avert:
1064 (i) the death of the woman on whom the abortion is performed; or
1065 (ii) a [
1066
1067 76-7-302(2)(b)(i)(B); or
1068 (b) Subsection [
1069 (7) In addition to the criminal penalties described in this part, a physician who violates
1070 the provisions of this section:
1071 (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
1072 and
1073 (b) shall be subject to:
1074 (i) suspension or revocation of the physician's license for the practice of medicine and
1075 surgery in accordance with Section 58-67-401 or 58-68-401; and
1076 (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
1077 (8) A physician is not guilty of violating this section for failure to furnish any of the
1078 information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
1079 (a) the physician can demonstrate by a preponderance of the evidence that the
1080 physician reasonably believed that furnishing the information would have resulted in a severely
1081 adverse effect on the physical or mental health of the pregnant woman;
1082 (b) in the physician's professional judgment, the abortion was necessary to avert:
1083 (i) the death of the woman on whom the abortion is performed; or
1084 (ii) a [
1085
1086 76-7-302(2)(b)(i)(B);
1087 (c) the pregnancy was the result of rape or rape of a child, as described in Sections
1088 76-5-402 and 76-5-402.1;
1089 (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(2)(j) and
1090 Section 76-7-102; or
1091 (e) at the time of the abortion, the pregnant Ŝ→ [
1091a younger.
1092 (9) A physician who complies with the provisions of this section and Section
1093 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
1094 informed consent under Section 78B-3-406.
1095 (10) (a) The department shall provide an ultrasound, in accordance with the provisions
1096 of Subsection (5)(b), at no expense to the pregnant woman.
1097 (b) A local health department shall refer a pregnant woman who requests an ultrasound
1098 described in Subsection (10)(a) to the department.
1099 (11) A physician is not guilty of violating this section if:
1100 (a) the information described in Subsection (2) is provided less than 72 hours before
1101 the physician performs the abortion; and
1102 (b) in the physician's professional judgment, the abortion was necessary in a case
1103 where:
1104 (i) a ruptured membrane, documented by the attending or referring physician, will
1105 cause a serious infection; or
1106 (ii) a serious infection, documented by the attending or referring physician, will cause a
1107 ruptured membrane.
1108 Section 22. Section 76-7-305.5 is amended to read:
1109 76-7-305.5. Requirements for information module and website.
1110 (1) In order to ensure that a woman's consent to an abortion is truly an informed
1111 consent, the department shall, in accordance with the requirements of this section, develop an
1112 information module and maintain a public website.
1113 (2) The information module and public website described in Subsection (1) shall:
1114 (a) be scientifically accurate, comprehensible, and presented in a truthful,
1115 nonmisleading manner;
1116 (b) present adoption as a preferred and positive choice and alternative to abortion;
1117 (c) be produced in a manner that conveys the state's preference for childbirth over
1118 abortion;
1119 (d) state that the state prefers childbirth over abortion;
1120 (e) state that it is unlawful for any person to coerce a woman to undergo an abortion;
1121 (f) state that any physician who performs an abortion without obtaining the woman's
1122 informed consent or without providing her a private medical consultation in accordance with
1123 the requirements of this section, may be liable to her for damages in a civil action at law;
1124 (g) provide a geographically indexed list of resources and public and private services
1125 available to assist, financially or otherwise, a pregnant woman during pregnancy, at childbirth,
1126 and while the child is dependent, including:
1127 (i) medical assistance benefits for prenatal care, childbirth, and neonatal care;
1128 (ii) services and supports available under Section 35A-3-308;
1129 (iii) other financial aid that may be available during an adoption;
1130 (iv) services available from public adoption agencies, private adoption agencies, and
1131 private attorneys whose practice includes adoption; and
1132 (v) the names, addresses, and telephone numbers of each person listed under this
1133 Subsection (2)(g);
1134 (h) describe the adoption-related expenses that may be paid under Section 76-7-203;
1135 (i) describe the persons who may pay the adoption related expenses described in
1136 Subsection (2)(h);
1137 (j) except as provided in Subsection (4), describe the legal responsibility of the father
1138 of a child to assist in child support, even if the father has agreed to pay for an abortion;
1139 (k) except as provided in Subsection (4), describe the services available through the
1140 Office of Recovery Services, within the Department of Human Services, to establish and
1141 collect the support described in Subsection (2)(j);
1142 (l) state that private adoption is legal;
1143 (m) describe and depict, with pictures or video segments, the probable anatomical and
1144 physiological characteristics of an unborn child at two-week gestational increments from
1145 fertilization to full term, including:
1146 (i) brain and heart function;
1147 (ii) the presence and development of external members and internal organs; and
1148 (iii) the dimensions of the fetus;
1149 (n) show an ultrasound of the heartbeat of an unborn child at:
1150 (i) four weeks from conception;
1151 (ii) six to eight weeks from conception; and
1152 (iii) each month after 10 weeks gestational age, up to 14 weeks gestational age;
1153 (o) describe abortion procedures used in current medical practice at the various stages
1154 of growth of the unborn child, including:
1155 (i) the medical risks associated with each procedure;
1156 (ii) the risk related to subsequent childbearing that are associated with each procedure;
1157 and
1158 (iii) the consequences of each procedure to the unborn child at various stages of fetal
1159 development;
1160 (p) describe the possible detrimental psychological effects of abortion;
1161 (q) describe the medical risks associated with carrying a child to term;
1162 (r) include relevant information on the possibility of an unborn child's survival at the
1163 two-week gestational increments described in Subsection (2)(m);
1164 (s) except as provided in Subsection (5), include:
1165 (i) information regarding substantial medical evidence from studies concluding that an
1166 unborn child who is at least 20 weeks gestational age may be capable of experiencing pain
1167 during an abortion procedure; and
1168 (ii) the measures that will be taken in accordance with Section 76-7-308.5;
1169 (t) explain the options and consequences of aborting a medication-induced abortion;
1170 (u) include the following statement regarding a medication-induced abortion,
1171 "Research indicates that mifepristone alone is not always effective in ending a pregnancy. You
1172 may still have a viable pregnancy after taking mifepristone. If you have taken mifepristone but
1173 have not yet taken the second drug and have questions regarding the health of your fetus or are
1174 questioning your decision to terminate your pregnancy, you should consult a physician
1175 immediately.";
1176 (v) inform a pregnant woman that she has the right to view an ultrasound of the unborn
1177 child, at no expense to her, upon her request;
1178 (w) inform a pregnant woman that she has the right to:
1179 (i) determine the final disposition of the remains of the aborted fetus;
1180 (ii) unless the woman waives this right in writing, wait up to 72 hours after the
1181 abortion procedure is performed to make a determination regarding the disposition of the
1182 aborted fetus before the health care facility may dispose of the fetal remains;
1183 (iii) receive information about options for disposition of the aborted fetus, including
1184 the method of disposition that is usual and customary for a health care facility; and
1185 (iv) for a medication-induced abortion, return the aborted fetus to the health care
1186 facility for disposition; and
1187 (x) provide a digital copy of the form described in Subsection 26-21-33(3)(a)(i); and
1188 (y) be in a typeface large enough to be clearly legible.
1189 (3) The information module and website described in Subsection (1) may include a
1190 toll-free 24-hour telephone number that may be called in order to obtain, orally, a list and
1191 description of services, agencies, and adoption attorneys in the locality of the caller.
1192 (4) The department may develop a version of the information module and website that
1193 omits the information in Subsections (2)(j) and (k) for a viewer who is pregnant as the result of
1194 rape.
1195 (5) The department may develop a version of the information module and website that
1196 omits the information described in Subsection (2)(s) for a viewer who will have an abortion
1197 performed:
1198 (a) on an unborn child who is less than 20 weeks gestational age at the time of the
1199 abortion; or
1200 (b) on an unborn child who is at least 20 weeks gestational age at the time of the
1201 abortion, if:
1202 (i) the abortion is being performed for a reason described in Subsection
1203 [
1204 (ii) due to a serious medical emergency, time does not permit compliance with the
1205 requirement to provide the information described in Subsection (2)(s).
1206 (6) The department and each local health department shall make the information
1207 module and the website described in Subsection (1) available at no cost to any person.
1208 (7) The department shall make the website described in Subsection (1) available for
1209 viewing on the department's website by clicking on a conspicuous link on the home page of the
1210 website.
1211 (8) The department shall ensure that the information module is:
1212 (a) available to be viewed at all facilities where an abortion may be performed;
1213 (b) interactive for the individual viewing the module, including the provision of
1214 opportunities to answer questions and manually engage with the module before the module
1215 transitions from one substantive section to the next;
1216 (c) produced in English and may include subtitles in Spanish or another language; and
1217 (d) capable of being viewed on a tablet or other portable device.
1218 (9) After the department releases the initial version of the information module, for the
1219 use described in Section 76-7-305, the department shall:
1220 (a) update the information module, as required by law; and
1221 (b) present an updated version of the information module to the Health and Human
1222 Services Interim Committee for the committee's review and recommendation before releasing
1223 the updated version for the use described in Section 76-7-305.
1224 Section 23. Section 76-7-313 is amended to read:
1225 76-7-313. Department's enforcement responsibility -- Physician's report to
1226 department.
1227 (1) In order for the department to maintain necessary statistical information and ensure
1228 enforcement of the provisions of this part:
1229 (a) any physician performing an abortion must obtain and record in writing:
1230 (i) the age, marital status, and county of residence of the woman on whom the abortion
1231 was performed;
1232 (ii) the number of previous abortions performed on the woman described in Subsection
1233 (1)(a)(i);
1234 (iii) the hospital or other facility where the abortion was performed;
1235 (iv) the weight in grams of the unborn child aborted, if it is possible to ascertain;
1236 (v) the pathological description of the unborn child;
1237 (vi) the given gestational age of the unborn child;
1238 (vii) the date the abortion was performed;
1239 (viii) the measurements of the unborn child, if possible to ascertain; and
1240 (ix) the medical procedure used to abort the unborn child; and
1241 (b) the department shall make rules in accordance with Title 63G, Chapter 3, Utah
1242 Administrative Rulemaking Act.
1243 (2) Each physician who performs an abortion shall provide the following to the
1244 department within 30 days after the day on which the abortion is performed:
1245 (a) the information described in Subsection (1);
1246 (b) a copy of the pathologist's report described in Section 76-7-309;
1247 (c) an affidavit:
1248 (i) indicating whether the required consent was obtained pursuant to Sections 76-7-305
1249 and 76-7-305.5;
1250 (ii) described in Subsection (3), if applicable; and
1251 (iii) indicating whether at the time the physician performed the abortion, the physician
1252 had any knowledge that the pregnant woman sought the abortion solely because the unborn
1253 child had or may have had Down syndrome; and
1254 (d) a certificate indicating:
1255 [
1256
1257 [
1258 at the time of the abortion; and
1259 [
1260
1261 (3) If the information module or the address to the website is not provided to a
1262 pregnant woman, the physician who performs the abortion on the woman shall, within 10 days
1263 after the day on which the abortion is performed, provide to the department an affidavit that:
1264 (a) specifies the information that was not provided to the woman; and
1265 (b) states the reason that the information was not provided to the woman.
1266 (4) All information supplied to the department shall be confidential and privileged
1267 pursuant to Title 26, Chapter 25, Confidential Information Release.
1268 (5) The department shall pursue all administrative and legal remedies when the
1269 department determines that a physician or a facility has not complied with the provisions of this
1270 part.
1271 Section 24. Section 76-7-314 is amended to read:
1272 76-7-314. Violations of abortion laws -- Classifications.
1273 (1) [
1274 76-7-310.5, 76-7-311, or 76-7-312 is a felony of the third degree.
1275 (2) A violation of Section 76-7-326 is a felony of the third degree.
1276 (3) A violation of Section [
1277 (4) A violation of any other provision of this part, including Subsections
1278 76-7-305(2)(a) through (c), and (e), is a class A misdemeanor.
1279 (5) The [
1280 provision of this part to the Physicians Licensing Board, described in Section 58-67-201.
1281 (6) Any person with knowledge of a physician's violation of any provision of this part
1282 may report the violation to the Physicians Licensing Board, described in Section 58-67-201.
1283 (7) In addition to the penalties described in this section, the department may take any
1284 action described in Section 26-21-11 against [
1285 violation of this chapter occurs at the [
1286 Section 25. Section 76-7-314.5 is amended to read:
1287 76-7-314.5. Killing an unborn child.
1288 (1) A person is guilty of killing an unborn child if the person intentionally causes the
1289 death of an unborn child by performing an abortion of the unborn child in violation of the
1290 provisions of Subsection [
1291 (2) A woman is not criminally liable for:
1292 (a) seeking to obtain, or obtaining, an abortion that is permitted by this part; or
1293 (b) a physician's failure to comply with Subsection [
1294 76-7-302(2)(b)(ii) or Section 76-7-305.
1295 Section 26. Section 76-7-317 is amended to read:
1296 76-7-317. Severability clause.
1297 If any one or more provision, section, subsection, sentence, clause, phrase, or word of
1298 this part or the application thereof to any person or circumstance is found to be
1299 unconstitutional, the same is hereby declared to be severable and the balance of this part shall
1300 remain effective notwithstanding such unconstitutionality. The legislature hereby declares that
1301 it would have passed this part, and each provision, section, subsection, sentence, clause, phrase,
1302 or word thereof, irrespective of the fact that any one or more provision, section, subsection,
1303 sentence, clause, phrase, or word be declared unconstitutional. This section applies to any
1304 provision, section, subsection, sentence, clause, phrase, or word of this part, regardless of the
1305 time of enactment, amendment, or repeal.
1306 Section 27. Section 76-7-332 is enacted to read:
1307 76-7-332. Drugs known to be used for abortion -- Prescriber limitation --
1308 Criminal penalties -- Pharmacy presumption for other use.
1309 (1) As used in the section, "abortion-related drug" means a drug or medication that is
1310 known to be used for the purpose of performing an abortion, and includes:
1311 (a) methotrexate, or methotrexate with misoprostol;
1312 (b) mifepristone, also known as mifeprex;
1313 (c) misoprostol, also known as cytotec; and
1314 (d) RU-486.
1315 (2) An individual may not prescribe an abortion-related drug for the purpose of causing
1316 an abortion, unless the individual is licensed as a physician in this state under:
1317 (a) Title 58, Chapter 67, Utah Medical Practice Act; or
1318 (b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
1319 (3) A violation of Subsection (2) is a class B misdemeanor.
1320 (4) (a) Any prescription or medical order for a drug that is known to possibly cause an
1321 abortion shall be presumed by a pharmacy to be for an indication other than for the termination
1322 of a pregnancy.
1323 (b) A pharmacy dispensing a prescription or medical order for a drug that is known to
1324 possibly cause an abortion shall not be required to verify whether the prescription or medical
1325 order violates any provision of this chapter.
1326 Section 28. Section 76-7a-101 is amended to read:
1327 76-7a-101. Definitions.
1328 As used in this chapter:
1329 (1) (a) "Abortion" means[
1330 prescribing a drug, with the intent to cause the death of an unborn child of a woman known to
1331 be pregnant, except as permitted under this chapter.
1332 [
1333
1334
1335 [
1336
1337
1338 [
1339
1340
1341 (b) "Abortion" does not include:
1342 (i) removal of a dead unborn child;
1343 (ii) removal of an ectopic pregnancy; or
1344 (iii) the killing or attempted killing of an unborn child without the consent of the
1345 pregnant woman, unless:
1346 (A) the killing or attempted killing is done through a medical procedure carried out by
1347 a physician or through a substance used under the direction of a physician; and
1348 (B) the physician is unable to obtain the consent due to a medical emergency.
1349 [
1350
1351 [
1352 [
1353 chromosome 21, in whole or in part, or an effective trisomy for chromosome 21.
1354 [
1355 (a) a general hospital licensed by the department; Ŝ→ [
1356 (b) a clinic or other medical facility [
1357
1358
1359
1360
1361 (i) a clinician who performs procedures at the clinic is required to be credentialed to
1362 perform the same procedures at a general hospital licensed by the department; and
1363 (ii) any procedures performed at the clinic are done with the same level of safety for
1364 the pregnant woman and unborn child as would be available in a general hospital licensed by
1365 the department.
1366 [
1367 [
1368
1369
1370
1371 threatening physical condition aggravated by, caused by, or arising from a pregnancy that
1372 places the pregnant woman at risk of death, or poses a serious risk of substantial impairment of
1373 a major bodily function, unless the abortion is performed or induced.
1374 (6) "Perinatal hospice" means comprehensive support to the mother and her family
1375 from the time of the diagnosis of a lethal fetal anomaly, through the time of the child's birth,
1376 and through the postpartum period, that:
1377 (a) focuses on alleviating fear and ensuring that the woman and her family experience
1378 the life and death of a child in a comfortable and supportive environment; and
1379 (b) may include counseling or medical care by:
1380 (i) maternal-fetal medical specialists;
1381 (ii) obstetricians;
1382 (iii) neonatologists;
1383 (iv) anesthesia specialists;
1384 (v) psychiatrists, psychologists, or other mental health providers;
1385 (vi) clergy;
1386 (vii) social workers; or
1387 (viii) specialty nurses
1388 [
1389 (a) a medical doctor licensed to practice medicine and surgery in the state;
1390 (b) an osteopathic physician licensed to practice osteopathic medicine in the state; or
1391 (c) a physician employed by the federal government who has qualifications similar to
1392 an individual described in Subsection [
1393 [
1394 [
1395 individual to live in a mentally vegetative state.
1396 (b) "Severe brain abnormality" does not include:
1397 (i) Down syndrome;
1398 (ii) spina bifida;
1399 (iii) cerebral palsy; or
1400 (iv) any other malformation, defect, or condition that does not cause an individual to
1401 live in a mentally vegetative state.
1402 Section 29. Section 76-7a-201 is amended to read:
1403 76-7a-201. Abortion prohibition -- Exceptions -- Penalties.
1404 (1) An abortion may be performed in this state only under the following circumstances:
1405 (a) the abortion is necessary to avert:
1406 (i) the death of the woman on whom the abortion is performed; or
1407 (ii) a serious physical risk of substantial [
1408 bodily function of the woman on whom the abortion is performed;
1409 (b) subject to Subsection (3), two physicians who practice maternal fetal medicine
1410 concur, in writing, in the patient's medical record that the fetus[
1411 the physicians' reasonable medical judgment is incompatible with life; or
1412 [
1413 [
1414 (c) [
1415 (i) (A) the woman is pregnant as a result of:
1416 [
1417 [
1418 [
1419 or
1420 (B) the pregnant Ŝ→ [
1421 (ii) before the abortion is performed, the physician who performs the abortion:
1422 (A) for an abortion authorized under Subsection (1)(c)(i)(A), verifies that the incident
1423 described in Subsection [
1424 (B) if applicable, complies with requirements related to reporting suspicions of or
1425 known child abuse.
1426 (2) An abortion may be performed only:
1427 (a) by a physician; and
1428 (b) in [
1429 another location due to a medical emergency.
1430 (3) If the unborn child has been diagnosed with a fetal abnormality that is incompatible
1431 with life, at the time of the diagnosis, the physician shall inform the woman, both verbally and
1432 in writing, that perinatal hospice services and perinatal palliative care are available and are an
1433 alternative to abortion.
1434 [
1435 second degree felony.
1436 [
1437 may take appropriate corrective action against [
1438 including revoking the [
1439 chapter occurs at the [
1440 [
1441 section to the state entity that regulates the licensing of a physician.
1442 Section 30. Repealer.
1443 This bill repeals:
1444 Section 76-7-302.5, Circumstances under which abortion prohibited.