26B-2-232. Treatment of aborted remains.
| (1) |
As used in this section, “aborted fetus” means a product of human conception, regardless of gestational age, that has died from an abortion as that term is defined in Section 76-7-301. |
Terms Used In Utah Code 26B-2-232
- Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. 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
- Writing: includes :Utah Code 68-3-12.5
| (2) |
| (a) |
A health care facility having possession of an aborted fetus shall provide for the final disposition of the aborted fetus through:
| (i) |
cremation as that term is defined in Section 58-9-102; or |
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| (b) |
A health care facility may not conduct the final disposition of an aborted fetus less than 72 hours after an abortion is performed unless:
| (i) |
the pregnant woman authorizes the health care facility, in writing, to conduct the final disposition of the aborted fetus less than 72 hours after the abortion is performed; or |
| (ii) |
immediate disposition is required under state or federal law. |
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| (c) |
A health care facility may serve as an authorizing agent as defined in Section 58-9-102 with respect to the final disposition of an aborted fetus if:
| (i) |
the pregnant woman provides written authorization for the health care facility to act as the authorizing agent; or |
| (ii) |
| (A) |
more than 72 hours have passed since the abortion was performed; and |
| (B) |
the pregnant woman did not exercise her right to control the final disposition of the aborted fetus under Subsection (4)(a). |
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| (d) |
Within 120 business days after the day on which an abortion is performed, a health care facility possessing an aborted fetus shall:
| (i) |
conduct the final disposition of the aborted fetus in accordance with this section; or |
| (ii) |
ensure that the aborted fetus is preserved until final disposition. |
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| (e) |
A health care facility shall conduct the final disposition under this section in accordance with applicable state and federal law. |
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| (3) |
Before performing an abortion, a health care facility shall:
| (a) |
provide the pregnant woman with the information described in Subsection 76-7-305.5(2)(w) through:
| (i) |
a form approved by the department; |
| (ii) |
an in-person consultation with a physician; or |
| (iii) |
an in-person consultation with a mental health therapist as defined in Section 58-60-102; and |
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| (b) |
if the pregnant woman makes a decision under Subsection (4)(b), document the pregnant woman’s decision under Subsection (4)(b) in the pregnant woman’s medical record. |
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| (4) |
A pregnant woman who has an abortion:
| (a) |
except as provided in Subsection (6), has the right to control the final disposition of the aborted fetus; |
| (b) |
if the pregnant woman has a preference for disposition of the aborted fetus, shall inform the health care facility of the pregnant woman’s decision for final disposition of the aborted fetus; |
| (c) |
is responsible for the costs related to the final disposition of the aborted fetus at the chosen location if the pregnant woman chooses a method or location for the final disposition of the aborted fetus that is different from the method or location that is usual and customary for the health care facility; and |
| (d) |
for a medication-induced abortion, shall be permitted to return the aborted fetus to the health care facility in a sealed container for disposition by the health care facility in accordance with this section. |
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| (5) |
The form described in Subsection (3)(a)(i) shall include the following information:
“You have the right to decide what you would like to do with the aborted fetus. You may decide for the provider to be responsible for disposition of the fetus. If you are having a medication-induced abortion, you also have the right to bring the aborted fetus back to this provider for disposition after the fetus is expelled. The provider may dispose of the aborted fetus by burial or cremation. You can ask the provider if you want to know the specific method for disposition.” |
| (6) |
If the pregnant woman is a minor, the health care facility shall obtain parental consent for the disposition of the aborted fetus unless the minor is granted a court order under Subsection 76-7-304.5(1)(b). |
| (7) |
| (a) |
A health care facility may not include fetal remains with other biological, infectious, or pathological waste. |
| (b) |
Fetal tissue that is sent for permanently fixed pathology or used for genetic study is not subject to the requirements of this section. |
| (c) |
| (i) |
A health care facility is responsible for maintaining a record to demonstrate to the department that the health care facility has complied with the provisions of this section. |
| (ii) |
The records described in Subsection (7)(c)(i) shall be:
| (A) |
maintained for at least two years; and |
| (B) |
made available to the department for inspection upon request by the department. |
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Renumbered and Amended by Chapter 305, 2023 General Session
