26B-2-204. Licensing of an abortion clinic — Rulemaking authority — Fee — Licensing of a clinic meeting the definition of hospital.
| (1) |
Terms Used In Utah Code 26B-2-204- Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
No abortion clinic may operate in the state on or after January 1, 2024, or the last valid date of an abortion clinic license issued under the requirements of this section, whichever date is later. |
| (b) |
Notwithstanding Subsection (1)(a), a licensed abortion clinic may not perform an abortion in violation of any provision of state law. |
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| (2) |
The state may not issue a license for an abortion clinic after May 2, 2023. |
| (3) |
For any license for an abortion clinic that is issued under this section:
| (a) |
A type I abortion clinic may not operate in the state without a license issued by the department to operate a type I abortion clinic. |
| (b) |
A type II abortion clinic may not operate in the state without a license issued by the department to operate a type II abortion clinic. |
| (c) |
The department shall make rules establishing minimum health, safety, sanitary, and recordkeeping requirements for:
| (i) |
a type I abortion clinic; and |
| (ii) |
a type II abortion clinic. |
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| (d) |
To receive and maintain a license described in this section, an abortion clinic shall:
| (i) |
apply for a license on a form prescribed by the department; |
| (ii) |
satisfy and maintain the minimum health, safety, sanitary, and recordkeeping requirements established unde7r Subsection (3) that relate to the type of abortion clinic licensed; |
| (iii) |
comply with the recordkeeping and reporting requirements of Section 76-7-313; |
| (v) |
pay the annual licensing fee; and |
| (vi) |
cooperate with inspections conducted by the department. |
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| (e) |
The department shall, at least twice per year, inspect each abortion clinic in the state to ensure that the abortion clinic is complying with all statutory and licensing requirements relating to the abortion clinic. At least one of the inspections shall be made without providing notice to the abortion clinic. |
| (f) |
The department shall charge an annual license fee, set by the department in accordance with the procedures described in Section 63J-1-504, to an abortion clinic in an amount that will pay for the cost of the licensing requirements described in this section and the cost of inspecting abortion clinics. |
| (g) |
The department shall deposit the licensing fees described in this section in the General Fund as a dedicated credit to be used solely to pay for the cost of the licensing requirements described in this section and the cost of inspecting abortion clinics. |
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| (4) |
| (a) |
Notwithstanding any other provision of this section, the department may license a clinic that meets the definition of hospital under Section 76-7-301 or Section 76-7a-101. |
| (b) |
A clinic described in Subsection (4)(a) is not defined as an abortion clinic. |
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Amended by Chapter 301, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
