| (b) | a clinic or other medical facility that meets the following criteria:| (i) | a clinician who performs procedures at the clinic is required to be credentialed to perform the same procedures at a general hospital licensed by the department; and |
| (ii) | any procedures performed at the clinic are done with the same level of safety for the pregnant woman and unborn child as would be available in a general hospital licensed by the department. See Utah Code 76-7-301Medical emergency: means a life threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the pregnant woman at risk of death, or poses a serious risk of substantial impairment of a major bodily function, unless the abortion is performed or induced. See Utah Code 76-7-301Perinatal hospice: means comprehensive support to the mother and her family from the time of the diagnosis of a lethal fetal anomaly, through the time of the child's birth, and through the postpartum period, that:| (a) | focuses on alleviating fear and ensuring that the woman and her family experience the life and death of a child in a comfortable and supportive environment; and |
| (b) | may include counseling or medical care by:| (i) | maternal-fetal medical specialists; |
| (iv) | anesthesia specialists; |
| (v) | psychiatrists, psychologists, or other mental health providers; |
| (viii) | specialty nurses. See Utah Code 76-7-301Physician: means :| (c) | a physician employed by the federal government who has qualifications similar to an individual described in Subsection (12)(a) or (b). See Utah Code 76-7-301State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Writing: includes :Utah Code 68-3-12.5 |
| (2) |
An abortion may be performed in this state only under the following circumstances:
| (a) |
the unborn child has not reached 18 weeks gestational age; |
| (b) |
the unborn child has reached 18 weeks gestational age, and:
| (i) |
the abortion is necessary to avert:
| (A) |
the death of the woman on whom the abortion is performed; or |
| (B) |
a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed; or |
|
| (ii) |
subject to Subsection (4), two physicians who practice maternal fetal medicine concur, in writing, in the patient’s medical record that the fetus has a fetal abnormality that in the physicians’ reasonable medical judgment is incompatible with life; or |
|
| (c) |
the unborn child has not reached 18 weeks gestational age and:
| (i) |
| (A) |
the woman is pregnant as a result of:
| (I) |
rape, as described in Section 76-5-402; |
| (II) |
rape of a child, as described in Section 76-5-402.1; or |
|
| (B) |
the pregnant child is under the age of 14; and |
|
| (ii) |
before the abortion is performed, the physician who performs the abortion:
| (A) |
for an abortion authorized under Subsection (2)(c)(i)(A), verifies that the incident described in Subsection (2)(c)(i)(A) has been reported to law enforcement; and |
| (B) |
if applicable, complies with the requirements of Section 80-2-602. |
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| (3) |
An abortion may be performed only in a hospital, unless it is necessary to perform the abortion in another location due to a medical emergency. |
| (4) |
If the unborn child has been diagnosed with a fetal abnormality that is incompatible with life, at the time of the diagnosis, the physician shall inform the woman, both verbally and in writing, that perinatal hospice and perinatal palliative care services are available and are an alternative to abortion. |
| (5) |
A physician who performs an abortion under Subsection (2)(c) shall:
| (a) |
maintain an accurate record as to the manner in which the physician conducted the verification under Subsection (2)(b)(ii)(A); and |
| (b) |
report the information described in Subsection (5)(a) to the department in accordance with Section 76-7-313. |
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Amended by Chapter 158, 2023 General Session
Amended by Chapter 301, 2023 General Session
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