(1) An abortion may be performed in this state only by a physician.

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Terms Used In Utah Code 76-7-302

  • 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
  • Abortion clinic: means the same as that term is defined in Section 26B-2-201. See Utah Code 76-7-301
  • Department: means the Department of Health and Human Services. See Utah Code 76-7-301
  • 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 :
         (7)(a) a general hospital licensed by the department according to Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
         (7)(b) a clinic or other medical facility to the extent that such clinic or other medical facility is certified by the department as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to the pregnant woman and the unborn child as would be provided for the particular medical procedures undertaken by a general hospital licensed 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
  • 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:
         (12)(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
         (12)(b) may include counseling or medical care by:
              (12)(b)(i) maternal-fetal medical specialists;
              (12)(b)(ii) obstetricians;
              (12)(b)(iii) neonatologists;
              (12)(b)(iv) anesthesia specialists;
              (12)(b)(v) psychiatrists, psychologists, or other mental health providers;
              (12)(b)(vi) clergy;
              (12)(b)(vii) social workers; or
              (12)(b)(viii) specialty nurses. See Utah Code 76-7-301
  • Physician: means :
         (13)(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;
         (13)(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
         (13)(c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (13)(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
  • Woman: means an adult human female. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) An abortion may be performed in this state only under the following circumstances:

     (2)(a) the unborn child has not reached 18 weeks gestational age;
     (2)(b) the unborn child has reached 18 weeks gestational age, and:

          (2)(b)(i) the abortion is necessary to avert:

               (2)(b)(i)(A) the death of the woman on whom the abortion is performed; or
               (2)(b)(i)(B) a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed; or
          (2)(b)(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
     (2)(c) the unborn child has not reached 18 weeks gestational age and:

          (2)(c)(i)

               (2)(c)(i)(A) the woman is pregnant as a result of:

                    (2)(c)(i)(A)(I) rape, as described in Section 76-5-402;
                    (2)(c)(i)(A)(II) rape of a child, as described in Section 76-5-402.1; or
                    (2)(c)(i)(A)(III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; or
               (2)(c)(i)(B) the pregnant child is under the age of 14; and
          (2)(c)(ii) before the abortion is performed, the physician who performs the abortion:

               (2)(c)(ii)(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
               (2)(c)(ii)(B) if applicable, complies with the requirements of Section 80-2-602.
(3) An abortion may be performed only in an abortion clinic or 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:

     (5)(a) maintain an accurate record as to the manner in which the physician conducted the verification under Subsection (2)(c)(ii)(A); and
     (5)(b) report the information described in Subsection (5)(a) to the department in accordance with Section 76-7-313.