76-7-332.  Drugs known to be used for abortion — Prescriber limitation — Criminal penalties — Pharmacy presumption for other use.

(1)  As used in the section, “abortion-related drug” means a drug or medication that is known to be used for the purpose of performing an abortion, and includes:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 76-7-332

  • 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
  • Physician: means :
    (a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;
    (b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
    (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
    • (a)  methotrexate, or methotrexate with misoprostol;

    (b)  mifepristone, also known as mifeprex;

    (c)  misoprostol, also known as cytotec; and

    (d)  RU-486.

(2)  An individual may not prescribe an abortion-related drug for the purpose of causing an abortion, unless the individual is licensed as a physician in this state under:

(a)  Title 58, Chapter 67, Utah Medical Practice Act; or

(b)  Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.

(3)  A violation of Subsection (2) is a class B misdemeanor.

(4) 

(a)  Any prescription or medical order for a drug that is known to possibly cause an abortion shall be presumed by a pharmacy to be for an indication other than for the termination of a pregnancy.

(b)  A pharmacy dispensing a prescription or medical order for a drug that is known to possibly cause an abortion shall not be required to verify whether the prescription or medical order violates any provision of this chapter.

Enacted by Chapter 301, 2023 General Session

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