Utah Code 76-7-328. Hearing to determine necessity of physician’s conduct
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(1) A physician accused of an offense under Section 76-7-326 may seek a hearing before the Physicians Licensing Board created in Section 58-67-201 , or the Osteopathic Physician and Surgeon’s Licensing Board created in Section 58-68-201 on whether the physician’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition caused by or arising from the pregnancy itself.
Terms Used In Utah Code 76-7-328
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The findings on that issue are admissible on that issue at the trial of the physician. Upon a motion from the physician, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.