Utah Code 76-7a-201. Abortion prohibition — Exceptions — Penalties
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(1) An abortion may be performed in this state only under the following circumstances:
Terms Used In Utah Code 76-7a-201
- 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
- Abortion clinic: means a type I abortion clinic licensed by the state or a type II abortion clinic licensed by the state. See Utah Code 76-7a-101
- Department: means the Department of Health and Human Services. See Utah Code 76-7a-101
- Hospital: means :(5)(a) a general hospital licensed by the department; or(5)(b) a clinic or other medical facility to the extent the 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 a pregnant woman and an unborn child as would be provided for the particular medical procedure undertaken by 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
- 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:
(7)(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(7)(b) may include counseling or medical care by:(7)(b)(i) maternal-fetal medical specialists;(7)(b)(ii) obstetricians;(7)(b)(iii) neonatologists;(7)(b)(iv) anesthesia specialists;(7)(b)(v) psychiatrists, psychologists, or other mental health providers;(7)(b)(vi) clergy;(7)(b)(vii) social workers; or(7)(b)(viii) specialty nurses. See Utah Code 76-7a-101- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Physician: means :
(8)(a) a medical doctor licensed to practice medicine and surgery in the state;(8)(b) an osteopathic physician licensed to practice osteopathic medicine in the state; or(8)(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
- 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(1)(a) the abortion is necessary to avert:(1)(a)(i) the death of the woman on whom the abortion is performed; or(1)(a)(ii) a serious physical risk of substantial impairment of a major bodily function of the woman on whom the abortion is performed;(1)(b) subject to Subsection (3), 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(1)(c) the unborn child has not reached 18 weeks gestational age and:(1)(c)(i)(1)(c)(i)(A) the woman is pregnant as a result of:(1)(c)(i)(A)(I) rape, as described in Section76-5-402 ;(1)(c)(i)(A)(II) rape of a child, as described in Section76-5-402.1 ; or(1)(c)(i)(A)(III) incest, as described in Subsection76-5-406 (2)(j) or Section76-7-102 ; or(1)(c)(i)(B) the pregnant child is under the age of 14; and(1)(c)(ii) before the abortion is performed, the physician who performs the abortion:(1)(c)(ii)(A) for an abortion authorized under Subsection (1)(c)(i)(A), verifies that the incident described in Subsection (1)(c)(i)(A) has been reported to law enforcement; and(1)(c)(ii)(B) if applicable, complies with requirements related to reporting suspicions of or known child abuse.(2) An abortion may be performed only:(2)(a) by a physician; and(2)(b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in another location due to a medical emergency.(3) 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 services and perinatal palliative care are available and are an alternative to abortion.(4) A person who performs an abortion in violation of this section is guilty of a second degree felony.(5) In addition to the penalty described in Subsection (4), the department may take appropriate corrective action against a health care facility, including revoking the health care facility’s license, if a violation of this chapter occurs at the health care facility.(6) The department shall report a physician’s violation of any provision of this section to the state entity that regulates the licensing of a physician.(7) A physician who performs an abortion under Subsection (1)(c) shall:(7)(a) maintain an accurate record as to the manner in which the physician conducted the verification under Subsection (1)(c)(ii)(A); and(7)(b) report the information described in Subsection (7)(a) to the department in accordance with Section76-7-313 .