1     
ABORTION REVISIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Raymond P. Ward

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regulating an abortion.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies and consolidates definitions;
13          ▸     repeals the statute that established a prohibition on abortions after 18 weeks and
14     incorporates its contents into existing statute, replacing language that established
15     now-superseded viability standards;
16          ▸     standardizes language between various statues that regulate abortion;
17          ▸     clarifies the conditions under which an abortion may be performed to protect the
18     health of the mother;
19          ▸     amends language related to medical defects of a fetus; and
20          ▸     makes technical corrections.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          63I-2-276, as last amended by Laws of Utah 2022, Chapter 117
28          76-7-301, as last amended by Laws of Utah 2021, Chapter 262
29          76-7-302, as last amended by Laws of Utah 2022, Chapter 335
30          76-7-302.4, as enacted by Laws of Utah 2019, Chapter 124
31          76-7-304, as last amended by Laws of Utah 2018, Chapter 282
32          76-7-304.5, as last amended by Laws of Utah 2022, Chapter 287
33          76-7-305, as last amended by Laws of Utah 2022, Chapter 181
34          76-7-308.5, as last amended by Laws of Utah 2016, Chapter 362
35          76-7-314, as last amended by Laws of Utah 2019, Chapter 208
36          76-7-314.5, as last amended by Laws of Utah 2010, Chapter 13
37          76-7a-101, as last amended by Laws of Utah 2021, Chapter 262
38          76-7a-201, as enacted by Laws of Utah 2020, Chapter 279
39     REPEALS:
40          76-7-302.5, as enacted by Laws of Utah 2019, Chapter 208
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 63I-2-276 is amended to read:
44          63I-2-276. Repeal dates: Title 76.
45          (1) Subsection 76-5-102.7(2)(b), regarding assault or threat of violence against an
46     owner, employee, or contractor of a health facility, is repealed January 1, 2027.
47          [(2) If Section 76-7-302.4 is not in effect before January 1, 2029, Section 76-7-302.4 is
48     repealed January 1, 2029.]
49          [(3)] (2) Section 76-7-305.7 is repealed January 1, 2023.
50          Section 2. Section 76-7-301 is amended to read:
51          76-7-301. Definitions.
52          As used in this part:
53          (1) (a) "Abortion" means[: (i)] the intentional termination or attempted termination of
54     human pregnancy after implantation of a fertilized ovum [through a medical procedure carried
55     out by a physician or through a substance used under the direction of a physician;] with the
56     intention of ending the life of the unborn child by:
57          (i) a surgical procedure; or
58          (ii) the prescribing of medications.
59          [(ii) the intentional killing or attempted killing of a live unborn child through a medical
60     procedure carried out by a physician or through a substance used under the direction of a
61     physician; or]
62          [(iii) the intentional causing or attempted causing of a miscarriage through a medical
63     procedure carried out by a physician or through a substance used under the direction of a
64     physician.]
65          (b) "Abortion" does not include:
66          (i) removal of a dead unborn child;
67          (ii) removal of an ectopic pregnancy; or
68          (iii) the killing or attempted killing of an unborn child without the consent of the
69     pregnant woman, unless:
70          (A) the killing or attempted killing is done through a medical procedure carried out by
71     a physician or through a substance used under the direction of a physician; and
72          (B) the physician is unable to obtain the consent due to a medical emergency.
73          (2) "Abortion clinic" means the same as that term is defined in Section 26-21-2.
74          (3) "Abuse" means the same as that term is defined in Section 80-1-102.
75          (4) "Department" means the Department of Health and Human Services.
76          (5) "Down syndrome" means a genetic condition associated with an extra chromosome
77     21, in whole or in part, or an effective trisomy for chromosome 21.
78          (6) "Gestational age" means the age of an unborn child as calculated from the first day
79     of the last menstrual period of the pregnant woman.
80          (7) "Hospital" means:
81          (a) a general hospital licensed by the department according to Title 26, Chapter 21,
82     Health Care Facility Licensing and Inspection Act; [and] or
83          (b) a clinic or other medical facility to the extent that [such] the clinic or other medical
84     facility is certified by the department as providing equipment and personnel sufficient in
85     quantity and quality to provide the same degree of safety to [the] a pregnant woman and [the]
86     an unborn child as would be provided for the particular medical [procedures] procedure
87     undertaken by a general hospital licensed by the department.
88          (8) "Information module" means the pregnancy termination information module
89     prepared by the department.
90          (9) "Medical emergency" means that condition which, on the basis of the physician's
91     good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
92     immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
93     risk of substantial [and irreversible] impairment of major bodily function.
94          (10) "Minor" means an individual who is:
95          (a) under 18 years old;
96          (b) unmarried; and
97          (c) not emancipated.
98          (11) (a) "Partial birth abortion" means an abortion in which the person performing the
99     abortion:
100          (i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a
101     head first presentation, the entire fetal head is outside the body of the mother, or, in the case of
102     breech presentation, any part of the fetal trunk past the navel is outside the body of the mother,
103     for the purpose of performing an overt act that the person knows will kill the partially delivered
104     living fetus; and
105          (ii) performs the overt act, other than completion of delivery, that kills the partially
106     living fetus.
107          (b) "Partial birth abortion" does not include the dilation and evacuation procedure
108     involving dismemberment prior to removal, the suction curettage procedure, or the suction
109     aspiration procedure for abortion.
110          (12) "Physician" means:
111          (a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter
112     67, Utah Medical Practice Act;
113          (b) an osteopathic physician licensed to practice osteopathic medicine under Title 58,
114     Chapter 68, Utah Osteopathic Medical Practice Act; or
115          (c) a physician employed by the federal government who has qualifications similar to
116     [a person] an individual described in Subsection (12)(a) or (b).
117          [(13) (a) "Severe brain abnormality" means a malformation or defect that causes an
118     individual to live in a mentally vegetative state.]
119          [(b) "Severe brain abnormality" does not include:]
120          [(i) Down syndrome;]
121          [(ii) spina bifida;]
122          [(iii) cerebral palsy; or]
123          [(iv) any other malformation, defect, or condition that does not cause an individual to
124     live in a mentally vegetative state.]
125          Section 3. Section 76-7-302 is amended to read:
126          76-7-302. Circumstances under which abortion authorized.
127          [(1) As used in this section, "viable" means that the unborn child has reached a stage of
128     fetal development when the unborn child is potentially able to live outside the womb, as
129     determined by the attending physician to a reasonable degree of medical certainty.]
130          [(2)] (1) An abortion may be performed in this state only by a physician.
131          [(3)] (2) An abortion may be performed in this state only under the following
132     circumstances:
133          (a) the unborn child [is not viable] has not reached 18 weeks gestational age; or
134          (b) the unborn child [is viable] has reached 18 weeks gestational age, if:
135          (i) the abortion is necessary to avert:
136          (A) the death of the woman on whom the abortion is performed; or
137          (B) a serious risk of substantial [and irreversible] impairment of a major bodily
138     function of the woman on whom the abortion is performed;
139          (ii) two physicians who practice maternal fetal medicine concur, in writing, in the
140     patient's medical record that the fetus:
141          (A) [has a defect that is uniformly diagnosable and uniformly lethal] has a severe
142     medical condition that will likely be fatal once the fetus is outside the womb; or
143          (B) [has a severe brain abnormality that is uniformly diagnosable] has a severe defect,
144     not to include Down syndrome or uncomplicated spina bifida, that will require long-term
145     intensive life sustaining measures and that will result in prolonged suffering for the infant; or
146          (iii) (A) the woman is pregnant as a result of:
147          (I) rape, as described in Section 76-5-402;
148          (II) rape of a child, as described in Section 76-5-402.1; or
149          (III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; and
150          (B) before the abortion is performed, the physician who performs the abortion:
151          (I) verifies that the incident described in Subsection [(3)(b)(iii)(A)] (2)(b)(iii)(A) has
152     been reported to law enforcement; and
153          (II) if applicable, complies with the requirements of Section 80-2-602.
154          [(4)] (3) An abortion may be performed only in an abortion clinic or a hospital, unless
155     it is necessary to perform the abortion in another location due to a medical emergency.
156          Section 4. Section 76-7-302.4 is amended to read:
157          76-7-302.4. Abortion restriction of an unborn child with Down syndrome.
158          Notwithstanding any other provision of this part, an abortion may not be performed if
159     the pregnant mother's sole reason for the abortion is that the unborn child has or may have
160     Down syndrome, unless the abortion is permissible for a reason described in [Subsection
161     76-7-302(3)(b)] Section 76-7-302.
162          Section 5. Section 76-7-304 is amended to read:
163          76-7-304. Considerations by physician -- Notice to a parent or guardian --
164     Exceptions.
165          (1) To enable the physician to exercise the physician's best medical judgment, the
166     physician shall consider all factors relevant to the well-being of a pregnant woman upon whom
167     an abortion is to be performed, including:
168          (a) her physical, emotional, and psychological health and safety;
169          (b) her age; and
170          (c) her familial situation.
171          (2) Subject to Subsection (3), at least 24 hours before a physician performs an abortion
172     on a minor, the physician shall notify a parent or guardian of the minor that the minor intends
173     to have an abortion.
174          (3) A physician is not required to comply with Subsection (2) if:
175          (a) subject to Subsection (4)(a):
176          (i) a medical condition exists that, on the basis of the physician's good faith clinical
177     judgment, so complicates the medical condition of a pregnant minor as to necessitate the
178     abortion of her pregnancy to avert:
179          (A) the minor's death; or
180          (B) a serious risk of substantial [and irreversible] impairment of a major bodily
181     function of the minor; and
182          (ii) there is not sufficient time to give the notice required under Subsection (2) before it
183     is necessary to terminate the minor's pregnancy in order to avert the minor's death or
184     impairment described in Subsection (3)(a)(i);
185          (b) subject to Subsection (4)(b):
186          (i) the physician complies with Subsection (5); and
187          (ii) (A) the minor is pregnant as a result of incest to which the parent or guardian was a
188     party; or
189          (B) the parent or guardian has abused the minor; or
190          (c) subject to Subsection (4)(b), the parent or guardian has not assumed responsibility
191     for the minor's care and upbringing.
192          (4) (a) If, for the reason described in Subsection (3)(a), a physician does not give the
193     24-hour notice described in Subsection (2), the physician shall give the required notice as early
194     as possible before the abortion, unless it is necessary to perform the abortion immediately in
195     order to avert the minor's death or impairment described in Subsection (3)(a)(i).
196          (b) If, for a reason described in Subsection (3)(b) or (c), a parent or guardian of a minor
197     is not notified that the minor intends to have an abortion, the physician shall notify another
198     parent or guardian of the minor, if the minor has another parent or guardian that is not exempt
199     from notification under Subsection (3)(b) or (c).
200          (5) If, for a reason described in Subsection (3)(b)(ii)(A) or (B), a physician does not
201     notify a parent or guardian of a minor that the minor intends to have an abortion, the physician
202     shall report the incest or abuse to the Division of Child and Family Services within the
203     Department of Health and Human Services.
204          Section 6. Section 76-7-304.5 is amended to read:
205          76-7-304.5. Consent required for abortions performed on minors -- Division of
206     Child and Family Services as guardian of a minor -- Hearing to allow a minor to
207     self-consent -- Appeals.
208          (1) In addition to the other requirements of this part, a physician may not perform an
209     abortion on a minor unless:
210          (a) the physician obtains the informed written consent of a parent or guardian of the
211     minor, in accordance with Sections 76-7-305 and 76-7-305.5;
212          (b) the minor is granted the right, by court order under Subsection (4)(b), to consent to
213     the abortion without obtaining consent from a parent or guardian; or
214          (c) (i) a medical condition exists that, on the basis of the physician's good faith clinical
215     judgment, so complicates the medical condition of a pregnant minor as to necessitate the
216     abortion of her pregnancy to avert:
217          (A) the minor's death; or
218          (B) a serious risk of substantial [and irreversible] impairment of a major bodily
219     function of the minor; and
220          (ii) there is not sufficient time to obtain the consent in the manner chosen by the minor
221     under Subsection (2) before it is necessary to terminate the minor's pregnancy in order to avert
222     the minor's death or impairment described in Subsection (1)(c)(i).
223          (2) (a) A minor who wants to have an abortion may choose:
224          (i) to seek consent from the minor's parent or guardian as described in Subsection (1);
225     or
226          (ii) to seek a court order as described in Subsection (1).
227          (b) Neither Subsection (1) nor this Subsection (2) require the minor to seek or obtain
228     consent from the minor's parent or guardian if the circumstances described in Subsection
229     76-7-304(3)(b)(ii) exist.
230          (3) If a minor does not obtain the consent of the minor's parent or guardian, the minor
231     may file a petition with the juvenile court to obtain a court order as described in Subsection (1).
232          (4) (a) The juvenile court shall close the hearing on a petition described in Subsection
233     (3) to the public.
234          (b) After considering the evidence presented at the hearing, the court shall order that
235     the minor may obtain an abortion without the consent of a parent or guardian of the minor if
236     the court finds by a preponderance of the evidence that:
237          (i) the minor:
238          (A) has given her informed consent to the abortion; and
239          (B) is mature and capable of giving informed consent to the abortion; or
240          (ii) an abortion would be in the minor's best interest.
241          (5) The Judicial Council shall make rules that:
242          (a) provide for the administration of the proceedings described in this section;
243          (b) provide for the appeal of a court's decision under this section;
244          (c) ensure the confidentiality of the proceedings described in this section and the
245     records related to the proceedings; and
246          (d) establish procedures to expedite the hearing and appeal proceedings described in
247     this section.
248          Section 7. Section 76-7-305 is amended to read:
249          76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
250     -- Exceptions.
251          (1) A person may not perform an abortion, unless, before performing the abortion, the
252     physician who will perform the abortion obtains from the woman on whom the abortion is to
253     be performed a voluntary and informed written consent that is consistent with:
254          (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
255     Current Opinions; and
256          (b) the provisions of this section.
257          (2) Except as provided in Subsection (8), consent to an abortion is voluntary and
258     informed only if, at least 72 hours before the abortion:
259          (a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
260     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
261     physician's assistant presents the information module to the pregnant woman;
262          (b) the pregnant woman views the entire information module and presents evidence to
263     the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
264     information module;
265          (c) after receiving the evidence described in Subsection (2)(b), the individual described
266     in Subsection (2)(a):
267          (i) documents that the pregnant woman viewed the entire information module;
268          (ii) gives the pregnant woman, upon her request, a copy of the documentation
269     described in Subsection (2)(c)(i); and
270          (iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
271     who is to perform the abortion, upon request of that physician or the pregnant woman;
272          (d) after the pregnant woman views the entire information module, the physician who
273     is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
274     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
275     physician's assistant, in a face-to-face consultation in any location in the state, orally informs
276     the woman of:
277          (i) the nature of the proposed abortion procedure;
278          (ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
279     fetus;
280          (iii) the risks and alternatives to the abortion procedure or treatment;
281          (iv) the options and consequences of aborting a medication-induced abortion, if the
282     proposed abortion procedure is a medication-induced abortion;
283          (v) the probable gestational age and a description of the development of the unborn
284     child at the time the abortion would be performed;
285          (vi) the medical risks associated with carrying her child to term;
286          (vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
287     woman, upon her request; and
288          (viii) when the result of a prenatal screening or diagnostic test indicates that the unborn
289     child has or may have Down syndrome, the Department of Health and Human Services website
290     containing the information described in Section 26-10-14, including the information on the
291     informational support sheet; and
292          (e) after the pregnant woman views the entire information module, a staff member of
293     the abortion clinic or hospital provides to the pregnant woman:
294          (i) on a document that the pregnant woman may take home:
295          (A) the address for the department's website described in Section 76-7-305.5; and
296          (B) a statement that the woman may request, from a staff member of the abortion clinic
297     or hospital where the woman viewed the information module, a printed copy of the material on
298     the department's website;
299          (ii) a printed copy of the material on the department's website described in Section
300     76-7-305.5, if requested by the pregnant woman; and
301          (iii) a copy of the form described in Subsection 26-21-33(3)(a)(i) regarding the
302     disposition of the aborted fetus.
303          (3) Before performing an abortion, the physician who is to perform the abortion shall:
304          (a) in a face-to-face consultation, provide the information described in Subsection
305     (2)(d), unless the attending physician or referring physician is the individual who provided the
306     information required under Subsection (2)(d); and
307          (b) (i) obtain from the pregnant woman a written certification that the information
308     required to be provided under Subsection (2) and this Subsection (3) was provided in
309     accordance with the requirements of Subsection (2) and this Subsection (3);
310          (ii) obtain a copy of the statement described in Subsection (2)(c)(i); and
311          (iii) ensure that:
312          (A) the woman has received the information described in Subsections 26-21-33(3) and
313     (4); and
314          (B) if the woman has a preference for the disposition of the aborted fetus, the woman
315     has informed the health care facility of the woman's decision regarding the disposition of the
316     aborted fetus.
317          (4) When a serious medical emergency compels the performance of an abortion, the
318     physician shall inform the woman prior to the abortion, if possible, of the medical indications
319     supporting the physician's judgment that an abortion is necessary.
320          (5) If an ultrasound is performed on a woman before an abortion is performed, the
321     individual who performs the ultrasound, or another qualified individual, shall:
322          (a) inform the woman that the ultrasound images will be simultaneously displayed in a
323     manner to permit her to:
324          (i) view the images, if she chooses to view the images; or
325          (ii) not view the images, if she chooses not to view the images;
326          (b) simultaneously display the ultrasound images in order to permit the woman to:
327          (i) view the images, if she chooses to view the images; or
328          (ii) not view the images, if she chooses not to view the images;
329          (c) inform the woman that, if she desires, the person performing the ultrasound, or
330     another qualified person shall provide a detailed description of the ultrasound images,
331     including:
332          (i) the dimensions of the unborn child;
333          (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
334          (iii) the presence of external body parts or internal organs, if present and viewable; and
335          (d) provide the detailed description described in Subsection (5)(c), if the woman
336     requests it.
337          (6) The information described in Subsections (2), (3), and (5) is not required to be
338     provided to a pregnant woman under this section if the abortion is performed for a reason
339     described in:
340          (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
341     concur, in writing, that the abortion is necessary to avert:
342          (i) the death of the woman on whom the abortion is performed; or
343          (ii) a serious risk of substantial [and irreversible] impairment of a major bodily
344     function of the woman on whom the abortion is performed; or
345          (b) Subsection 76-7-302(3)(b)(ii).
346          (7) In addition to the criminal penalties described in this part, a physician who violates
347     the provisions of this section:
348          (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
349     and
350          (b) shall be subject to:
351          (i) suspension or revocation of the physician's license for the practice of medicine and
352     surgery in accordance with Section 58-67-401 or 58-68-401; and
353          (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
354          (8) A physician is not guilty of violating this section for failure to furnish any of the
355     information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
356          (a) the physician can demonstrate by a preponderance of the evidence that the
357     physician reasonably believed that furnishing the information would have resulted in a severely
358     adverse effect on the physical or mental health of the pregnant woman;
359          (b) in the physician's professional judgment, the abortion was necessary to avert:
360          (i) the death of the woman on whom the abortion is performed; or
361          (ii) a serious risk of substantial [and irreversible] impairment of a major bodily
362     function of the woman on whom the abortion is performed;
363          (c) the pregnancy was the result of rape or rape of a child, as described in Sections
364     76-5-402 and 76-5-402.1;
365          (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(2)(j) and
366     Section 76-7-102; or
367          (e) at the time of the abortion, the pregnant woman was 14 years old or younger.
368          (9) A physician who complies with the provisions of this section and Section
369     76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
370     informed consent under Section 78B-3-406.
371          (10) (a) The department shall provide an ultrasound, in accordance with the provisions
372     of Subsection (5)(b), at no expense to the pregnant woman.
373          (b) A local health department shall refer a pregnant woman who requests an ultrasound
374     described in Subsection (10)(a) to the department.
375          (11) A physician is not guilty of violating this section if:
376          (a) the information described in Subsection (2) is provided less than 72 hours before
377     the physician performs the abortion; and
378          (b) in the physician's professional judgment, the abortion was necessary in a case
379     where:
380          (i) a ruptured membrane, documented by the attending or referring physician, will
381     cause a serious infection; or
382          (ii) a serious infection, documented by the attending or referring physician, will cause a
383     ruptured membrane.
384          Section 8. Section 76-7-308.5 is amended to read:
385          76-7-308.5. Administration of anesthetic or analgesic to an unborn child.
386          A physician who performs an abortion of an unborn child who is at least 20 weeks
387     gestational age shall administer an anesthetic or analgesic to eliminate or alleviate organic pain
388     to the unborn child caused by the particular method of abortion to be employed, unless:
389          (1) the abortion is necessary to avert:
390          (a) the death of the woman on whom the abortion is performed; or
391          (b) a serious risk of substantial [and irreversible] impairment of a major bodily
392     function of the woman on whom the abortion is performed;
393          (2) the abortion is performed because the fetus has a defect that is uniformly
394     diagnosable and uniformly lethal, based on the written concurrence of two physicians who
395     practice maternal fetal medicine; or
396          (3) the treating physician and one other physician concur, in writing, that the
397     administration of an anesthetic or analgesic would:
398          (a) cause the death of the woman on whom the abortion is performed; or
399          (b) create a serious risk of substantial [or irreversible] impairment of a major bodily
400     function of the woman on whom the abortion is performed.
401          Section 9. Section 76-7-314 is amended to read:
402          76-7-314. Violations of abortion laws -- Classifications.
403          (1) A willful violation of Section 76-7-307, 76-7-308, 76-7-310, 76-7-310.5, 76-7-311,
404     or 76-7-312 is a felony of the third degree.
405          (2) A violation of Section 76-7-326 is a felony of the third degree.
406          (3) A violation of Section [76-7-302.5 or] 76-7-314.5 is a felony of the second degree.
407          (4) A violation of any other provision of this part, including Subsections
408     76-7-305(2)(a) through (c), and (e), is a class A misdemeanor.
409          (5) The Department of Health and Human Services shall report a physician's violation
410     of any provision of this part to the Physicians Licensing Board, described in Section 58-67-201.
411          (6) Any person with knowledge of a physician's violation of any provision of this part
412     may report the violation to the Physicians Licensing Board, described in Section 58-67-201.
413          (7) In addition to the penalties described in this section, the department may take any
414     action described in Section 26-21-11 against an abortion clinic if a violation of this chapter
415     occurs at the abortion clinic.
416          Section 10. Section 76-7-314.5 is amended to read:
417          76-7-314.5. Killing an unborn child.
418          (1) A person is guilty of killing an unborn child if the person causes the death of an
419     unborn child by performing an abortion of the unborn child in violation of the provisions of
420     Subsection [76-7-302(3)] 76-7-302(2).
421          (2) A woman is not criminally liable for:
422          (a) seeking to obtain, or obtaining, an abortion that is permitted by this part; or
423          (b) a physician's failure to comply with Subsection [76-7-302(3)(b)(ii)]
424     76-7-302(2)(b)(ii) or Section 76-7-305.
425          Section 11. Section 76-7a-101 is amended to read:
426          76-7a-101. Definitions.
427          As used in this chapter:
428          (1) (a) "Abortion" means[: (i)] the intentional termination or attempted termination of
429     human pregnancy after implantation of a fertilized ovum [through a medical procedure carried
430     out by a physician or through a substance used under the direction of a physician;] with the
431     intention of ending the life of the unborn child by:
432          (i) a surgical procedure; or
433          (ii) the prescribing of medications.
434          [(ii) the intentional killing or attempted killing of a live unborn child through a medical
435     procedure carried out by a physician or through a substance used under the direction of a
436     physician; or]
437          [(iii) the intentional causing or attempted causing of a miscarriage through a medical
438     procedure carried out by a physician or through a substance used under the direction of a
439     physician.]
440          (b) "Abortion" does not include:
441          (i) removal of a dead unborn child;
442          (ii) removal of an ectopic pregnancy; or
443          (iii) the killing or attempted killing of an unborn child without the consent of the
444     pregnant woman, unless:
445          (A) the killing or attempted killing is done through a medical procedure carried out by
446     a physician or through a substance used under the direction of a physician; and
447          (B) the physician is unable to obtain the consent due to a medical emergency.
448          (2) "Abortion clinic" means a type I abortion clinic licensed by the state or a type II
449     abortion clinic licensed by the state.
450          (3) "Department" means the Department of Health and Human Services.
451          (4) "Down syndrome" means a genetic condition associated with an extra chromosome
452     21, in whole or in part, or an effective trisomy for chromosome 21.
453          (5) "Hospital" means:
454          (a) a general hospital licensed by the department; or
455          (b) a clinic or other medical facility to the extent the clinic or other medical facility is
456     certified by the department as providing equipment and personnel sufficient in quantity and
457     quality to provide the same degree of safety to a pregnant woman and an unborn child as would
458     be provided for the particular medical procedure undertaken by a general hospital licensed by
459     the department.
460          (6) "Incest" means the same as that term is defined in Section 80-1-102.
461          (7) "Medical emergency" means a condition which, on the basis of the physician's good
462     faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
463     immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
464     risk of substantial [and irreversible] impairment of major bodily function.
465          (8) "Physician" means:
466          (a) a medical doctor licensed to practice medicine and surgery in the state;
467          (b) an osteopathic physician licensed to practice osteopathic medicine in the state; or
468          (c) a physician employed by the federal government who has qualifications similar to
469     an individual described in Subsection (8)(a) or (b).
470          [(9) "Rape" means the same as that term is defined in Title 76, Utah Criminal Code.]
471          [(10) (a) "Severe brain abnormality" means a malformation or defect that causes an
472     individual to live in a mentally vegetative state.]
473          [(b) "Severe brain abnormality" does not include:]
474          [(i) Down syndrome;]
475          [(ii) spina bifida;]
476          [(iii) cerebral palsy; or]
477          [(iv) any other malformation, defect, or condition that does not cause an individual to
478     live in a mentally vegetative state.]
479          Section 12. Section 76-7a-201 is amended to read:
480          76-7a-201. Abortion prohibition -- Exceptions -- Penalties.
481          (1) An abortion may be performed in this state only under the following circumstances:
482          (a) the abortion is necessary to avert:
483          (i) the death of the woman on whom the abortion is performed; or
484          (ii) a serious risk of substantial [and irreversible] impairment of a major bodily
485     function of the woman on whom the abortion is performed;
486          (b) two physicians who practice maternal fetal medicine concur, in writing, in the
487     patient's medical record that the fetus:
488          (i) [has a defect that is uniformly diagnosable and uniformly lethal; or] has a severe
489     medical condition that will likely be fatal once the fetus is outside the womb; or
490          (ii) has a severe defect, not to include Down syndrome or uncomplicated spina bifida,
491     that will require long-term intensive life sustaining measures and that will result in prolonged
492     suffering for the infant; or
493          [(ii) has a severe brain abnormality that is uniformly diagnosable; or]
494          (c) (i) the woman is pregnant as a result of:
495          (A) rape, as described in Section 76-5-402;
496          (B) rape of a child, as described in Section 76-5-402.1; or
497          (C) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; and
498          (ii) before the abortion is performed, the physician who performs the abortion:
499          (A) verifies that the incident described in Subsection (1)(c)(i) has been reported to law
500     enforcement; and
501          (B) if applicable, complies with requirements related to reporting suspicions of or
502     known child abuse.
503          (2) An abortion may be performed only:
504          (a) by a physician; and
505          (b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in
506     another location due to a medical emergency.
507          (3) A person who performs an abortion in violation of this section is guilty of a second
508     degree felony.
509          (4) In addition to the penalty described in Subsection (3), the department may take
510     appropriate corrective action against an abortion clinic, including revoking the abortion clinic's
511     license, if a violation of this chapter occurs at the abortion clinic.
512          (5) The department shall report a physician's violation of any provision of this section
513     to the state entity that regulates the licensing of a physician.
514          Section 13. Repealer.
515          This bill repeals:
516          Section 76-7-302.5, Circumstances under which abortion prohibited.