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 chapter. See Utah Code 76-7a-101
Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
Department: means the Department of Health and Human Services. See Utah Code 76-7a-101
Hospital: means :
(a)
a general hospital licensed by the department; 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 76-7a-101
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 76-7a-101
Physician: means :
(a)
a medical doctor licensed to practice medicine and surgery in the state;
(b)
an osteopathic physician licensed to practice osteopathic medicine in the state; or
(c)
a physician employed by the federal government who has qualifications similar to an individual described in Subsection (7)(a) or (b). See Utah Code 76-7a-101
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)
“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 chapter.
(b)
“Abortion” does not include:
(i)
removal of a dead unborn child;
(ii)
removal of an ectopic pregnancy; or
(iii)
the killing or attempted killing of an unborn child without the consent of the pregnant woman, unless:
(A)
the killing or attempted killing is done through a medical procedure carried out by a physician or through a substance used under the direction of a physician; and
(B)
the physician is unable to obtain the consent due to a medical emergency.
(2)
“Department” means the Department of Health and Human Services.
(3)
“Down syndrome” means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21.
(4)
“Hospital” means:
(a)
a general hospital licensed by the department; 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.
(5)
“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.
(6)
“Perinatal 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;
(ii)
obstetricians;
(iii)
neonatologists;
(iv)
anesthesia specialists;
(v)
psychiatrists, psychologists, or other mental health providers;
(vi)
clergy;
(vii)
social workers; or
(viii)
specialty nurses.
(7)
“Physician” means:
(a)
a medical doctor licensed to practice medicine and surgery in the state;
(b)
an osteopathic physician licensed to practice osteopathic medicine in the state; or
(c)
a physician employed by the federal government who has qualifications similar to an individual described in Subsection (7)(a) or (b).
(8)
(a)
“Severe brain abnormality” means a malformation or defect that causes an individual to live in a mentally vegetative state.
(b)
“Severe brain abnormality” does not include:
(i)
Down syndrome;
(ii)
spina bifida;
(iii)
cerebral palsy; or
(iv)
any other malformation, defect, or condition that does not cause an individual to live in a mentally vegetative state.
Amended by Chapter 158, 2023 General Session Amended by Chapter 301, 2023 General Session
