LEGISLATIVE GENERAL COUNSEL S.B. 88
6 Approved for Filing: E.N. Weeks 6
6 01-09-23 11:38 AM 6
1 ABORTION AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kathleen A. Riebe
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to physician reporting requirements in connection
10 with providing an abortion.
11 Highlighted Provisions:
12 This bill:
13 < removes a provision requiring a physician to verify a report has been made to law
14 enforcement before the physician performs an abortion on a woman who is pregnant
15 as a result of rape or incest.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-7-302, as last amended by Laws of Utah 2022, Chapter 335
23 76-7a-201, as enacted by Laws of Utah 2020, Chapter 279
24
25 Be it enacted by the Legislature of the state of Utah:
S.B. 88
26 Section 1. Section 76-7-302 is amended to read:
27 76-7-302. Circumstances under which abortion authorized.
*SB0088*
S.B. 88 01-09-23 11:38 AM
28 (1) As used in this section, "viable" means that the unborn child has reached a stage of
29 fetal development when the unborn child is potentially able to live outside the womb, as
30 determined by the attending physician to a reasonable degree of medical certainty.
31 (2) An abortion may be performed in this state only by a physician.
32 (3) An abortion may be performed in this state only under the following circumstances:
33 (a) the unborn child is not viable; or
34 (b) the unborn child is viable, if:
35 (i) the abortion is necessary to avert:
36 (A) the death of the woman on whom the abortion is performed; or
37 (B) a serious risk of substantial and irreversible impairment of a major bodily function
38 of the woman on whom the abortion is performed;
39 (ii) two physicians who practice maternal fetal medicine concur, in writing, in the
40 patient's medical record that the fetus:
41 (A) has a defect that is uniformly diagnosable and uniformly lethal; or
42 (B) has a severe brain abnormality that is uniformly diagnosable; or
43 (iii) (A) the woman is pregnant as a result of:
44 (I) rape, as described in Section 76-5-402;
45 (II) rape of a child, as described in Section 76-5-402.1; or
46 (III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; and
47 (B) if applicable, before the abortion is performed, the physician who performs the
48 abortion[: (I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported
49 to law enforcement; and (II)] complies with [the] requirements [of] related to reporting child
50 abuse or neglect under Section 80-2-602.
51 (4) An abortion may be performed only in an abortion clinic or a hospital, unless it is
52 necessary to perform the abortion in another location due to a medical emergency.
53 Section 2. Section 76-7a-201 is amended to read:
54 76-7a-201. Abortion prohibition -- Exceptions -- Penalties.
55 (1) An abortion may be performed in this state only under the following circumstances:
56 (a) the abortion is necessary to avert:
57 (i) the death of the woman on whom the abortion is performed; or
58 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
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01-09-23 11:38 AM S.B. 88
59 of the woman on whom the abortion is performed;
60 (b) two physicians who practice maternal fetal medicine concur, in writing, in the
61 patient's medical record that the fetus:
62 (i) has a defect that is uniformly diagnosable and uniformly lethal; or
63 (ii) has a severe brain abnormality that is uniformly diagnosable; or
64 (c) (i) the woman is pregnant as a result of:
65 (A) rape;
66 (B) rape of a child; or
67 (C) incest; and
68 (ii) if applicable, before the abortion is performed, the physician who performs the
69 abortion[: (A) verifies that the incident described in Subsection (1)(c)(i) has been reported to
70 law enforcement; and (B) if applicable,] complies with requirements related to reporting
71 [suspicions of or known child abuse] child abuse or neglect under 80-2-602.
72 (2) An abortion may be performed only:
73 (a) by a physician; and
74 (b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in
75 another location due to a medical emergency.
76 (3) A person who performs an abortion in violation of this section is guilty of a second
77 degree felony.
78 (4) In addition to the penalty described in Subsection (3), the department may take
79 appropriate corrective action against an abortion clinic, including revoking the abortion clinic's
80 license, if a violation of this chapter occurs at the abortion clinic.
81 (5) The department shall report a physician's violation of any provision of this section
82 to the state entity that regulates the licensing of a physician.
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Statutes affected: Introduced: 76-7-302