76-7-306. Refusal to participate, admit, or treat for abortion based on religious or moral grounds — Cause of action.
| (1) |
As used in this section:
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Terms Used In Utah Code 76-7-306- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
“Health care facility” is as defined in Section 26B-2-201. |
| (b) |
“Health care provider” means an individual who is an employee of, has practice privileges at, or is otherwise associated with a health care facility. |
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| (2) |
A health care provider may, on religious or moral grounds, refuse to perform or participate in any way, in:
| (b) |
a procedure that is intended to, or likely to, result in the termination of a pregnancy. |
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| (3) |
Except as otherwise required by law, a health care facility may refuse, on religious or moral grounds, to:
| (a) |
admit a patient for an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy; or |
| (b) |
perform for a patient an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy. |
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| (4) |
A health care provider’s refusal under Subsection (2) and a health care facility’s refusal under Subsection (3) may not be the basis for civil liability or other recriminatory action. |
| (5) |
A health care facility, employer, or other person may not take an adverse action against a health care provider for exercising the health care provider’s right of refusal described in Subsection (2), or for bringing or threatening to bring an action described in Subsection (6), including:
| (h) |
adverse change in status; |
| (i) |
termination of, adverse alteration of, or refusal to renew an association or agreement; or |
| (j) |
refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status that the health care provider would have otherwise received. |
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| (6) |
A person who is adversely impacted by conduct prohibited in Subsection (5) may bring a civil action for equitable relief, including reinstatement, and for damages. A person who brings an action under this section must commence the action within three years after the day on which the cause of action arises. |
Amended by Chapter 330, 2023 General Session
