| (1) |
A person may not perform an abortion, unless, before performing the abortion, the physician who will perform the abortion obtains from the woman on whom the abortion is to be performed a voluntary and informed written consent that is consistent with:
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Terms Used In Utah Code 76-7-305- Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. See Utah Code 76-7-301
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Department: means the Department of Health and Human Services. See Utah Code 76-7-301
- Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 76-7-301
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gestational age: means the age of an unborn child as calculated from the first day of the last menstrual period of the pregnant woman. See Utah Code 76-7-301
- Hospital: means :
| (a) | a general hospital licensed by the department according to 2; and |
| (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 76-7-301- Information module: means the pregnancy termination information module prepared by the department. See Utah Code 76-7-301
- Medical 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 76-7-301
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Physician: 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 76-7-301- 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
- written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5
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| (a) |
Section 8.08 of the American Medical Association’s Code of Medical Ethics, Current Opinions; and |
| (b) |
the provisions of this section. |
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| (2) |
Except as provided in Subsection (8), consent to an abortion is voluntary and informed only if, at least 72 hours before the abortion:
| (a) |
a staff member of a hospital, physician, registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician’s assistant presents the information module to the pregnant woman; |
| (b) |
the pregnant woman views the entire information module and presents evidence to the individual described in Subsection (2)(a) that the pregnant woman viewed the entire information module; |
| (c) |
after receiving the evidence described in Subsection (2)(b), the individual described in Subsection (2)(a):
| (i) |
documents that the pregnant woman viewed the entire information module; |
| (ii) |
gives the pregnant woman, upon her request, a copy of the documentation described in Subsection (2)(c)(i); and |
| (iii) |
provides a copy of the statement described in Subsection (2)(c)(i) to the physician who is to perform the abortion, upon request of that physician or the pregnant woman; |
|
| (d) |
after the pregnant woman views the entire information module, the physician who is to perform the abortion, the referring physician, a physician, a registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician’s assistant, in a face-to-face consultation in any location in the state, orally informs the woman of:
| (i) |
the nature of the proposed abortion procedure; |
| (ii) |
specifically how the procedure described in Subsection (2)(d)(i) will affect the fetus; |
| (iii) |
the risks and alternatives to the abortion procedure or treatment; |
| (iv) |
the options and consequences of aborting a medication-induced abortion, if the proposed abortion procedure is a medication-induced abortion; |
| (v) |
the probable gestational age and a description of the development of the unborn child at the time the abortion would be performed; |
| (vi) |
the medical risks associated with carrying her child to term; |
| (vii) |
the right to view an ultrasound of the unborn child, at no expense to the pregnant woman, upon her request; and |
| (viii) |
when the result of a prenatal screening or diagnostic test indicates that the unborn child has or may have Down syndrome, the department‘s website, which contains the information described in Section 26B-7-106, including the information on the informational support sheet; and |
|
| (e) |
after the pregnant woman views the entire information module, a staff member of the hospital provides to the pregnant woman:
| (i) |
on a document that the pregnant woman may take home:
| (A) |
the address for the department’s website described in Section 76-7-305.5; and |
| (B) |
a statement that the woman may request, from a staff member of the hospital where the woman viewed the information module, a printed copy of the material on the department’s website; |
|
| (ii) |
a printed copy of the material on the department’s website described in Section 76-7-305.5, if requested by the pregnant woman; and |
| (iii) |
a copy of the form described in Subsection 26B-2-232(3)(a)(i) regarding the disposition of the aborted fetus. |
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| (3) |
Before performing an abortion, the physician who is to perform the abortion shall:
| (a) |
in a face-to-face consultation, provide the information described in Subsection (2)(d), unless the attending physician or referring physician is the individual who provided the information required under Subsection (2)(d); and |
| (b) |
| (i) |
obtain from the pregnant woman a written certification that the information required to be provided under Subsection (2) and this Subsection (3) was provided in accordance with the requirements of Subsection (2) and this Subsection (3); |
| (ii) |
obtain a copy of the statement described in Subsection (2)(c)(i); and |
| (iii) |
ensure that:
| (A) |
the woman has received the information described in Subsections 26B-2-232(3) and (4); and |
| (B) |
if the woman has a preference for the disposition of the aborted fetus, the woman has informed the health care facility of the woman’s decision regarding the disposition of the aborted fetus. |
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| (4) |
When a medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician’s judgment that an abortion is necessary. |
| (5) |
If an ultrasound is performed on a woman before an abortion is performed, the individual who performs the ultrasound, or another qualified individual, shall:
| (a) |
inform the woman that the ultrasound images will be simultaneously displayed in a manner to permit her to:
| (i) |
view the images, if she chooses to view the images; or |
| (ii) |
not view the images, if she chooses not to view the images; |
|
| (b) |
simultaneously display the ultrasound images in order to permit the woman to:
| (i) |
view the images, if she chooses to view the images; or |
| (ii) |
not view the images, if she chooses not to view the images; |
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| (c) |
inform the woman that, if she desires, the person performing the ultrasound, or another qualified person shall provide a detailed description of the ultrasound images, including:
| (i) |
the dimensions of the unborn child; |
| (ii) |
the presence of cardiac activity in the unborn child, if present and viewable; and |
| (iii) |
the presence of external body parts or internal organs, if present and viewable; and |
|
| (d) |
provide the detailed description described in Subsection (5)(c), if the woman requests it. |
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| (6) |
The information described in Subsections (2), (3), and (5) is not required to be provided to a pregnant woman under this section if the abortion is performed for a reason described in:
| (a) |
Subsection 76-7-302(2)(b)(i), if the treating physician and one other physician concur, in writing, that the abortion is necessary to avert:
| (i) |
the death of the woman on whom the abortion is performed; or |
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| (7) |
In addition to the criminal penalties described in this part, a physician who violates the provisions of this section:
| (b) |
shall be subject to:
| (i) |
suspension or revocation of the physician’s license for the practice of medicine and surgery in accordance with Section 58-67-401 or 58-68-401; and |
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| (8) |
A physician is not guilty of violating this section for failure to furnish any of the information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
| (a) |
the physician can demonstrate by a preponderance of the evidence that the physician reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the pregnant woman; |
| (b) |
in the physician’s professional judgment, the abortion was necessary to avert:
| (i) |
the death of the woman on whom the abortion is performed; or |
|
| (c) |
the pregnancy was the result of rape or rape of a child, as described in Sections 76-5-402 and 76-5-402.1; |
| (e) |
at the time of the abortion, the pregnant child was 14 years old or younger. |
|
| (9) |
A physician who complies with the provisions of this section and Section 76-7-304.5 may not be held civilly liable to the physician’s patient for failure to obtain informed consent under Section 78B-3-406. |
| (10) |
| (a) |
The department shall provide an ultrasound, in accordance with the provisions of Subsection (5)(b), at no expense to the pregnant woman. |
| (b) |
A local health department shall refer a pregnant woman who requests an ultrasound described in Subsection (10)(a) to the department. |
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| (11) |
A physician is not guilty of violating this section if:
| (a) |
the information described in Subsection (2) is provided less than 72 hours before the physician performs the abortion; and |
| (b) |
in the physician’s professional judgment, the abortion was necessary in a case where:
| (i) |
a ruptured membrane, documented by the attending or referring physician, will cause a serious infection; or |
| (ii) |
a serious infection, documented by the attending or referring physician, will cause a ruptured membrane. |
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Amended by Chapter 301, 2023 General Session
Amended by Chapter 330, 2023 General Session
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