2006 Utah Code - 76-7-305 — Informed consent requirements for abortion -- 24-hour wait mandatory -- Emergency exceptions.

     76-7-305.   Informed consent requirements for abortion -- 24-hour wait mandatory -- Emergency exceptions.
     (1) No abortion may be performed unless a voluntary and informed written consent, consistent with Section 8.08 of the American Medical Association's Code of Medical Ethics, Current Opinions, and the provisions of this section is first obtained by the attending physician from the woman upon whom the abortion is to be performed.
     (2) Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:
     (a) at least 24 hours prior to the abortion, the physician who is to perform the abortion, the referring physician, a registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, or physician's assistant, in a face-to-face consultation, orally informs the woman of:
     (i) consistent with Subsection (3)(a), the nature of the proposed abortion procedure or treatment, specifically how that procedure will affect the fetus, and the risks and alternatives to an abortion procedure or treatment that any person would consider material to the decision of whether or not to undergo an abortion;
     (ii) the probable gestational age and a description of the development of the unborn child at the time the abortion would be performed; and
     (iii) the medical risks associated with carrying her child to term;
     (b) at least 24 hours prior to the abortion the physician who is to perform the abortion, the referring physician, or, as specifically delegated by either of those physicians, a registered nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered nurse, clinical laboratory technologist, psychologist, marriage and family therapist, clinical social worker, or certified social worker has orally, in a face-to-face consultation, informed the pregnant woman that:
     (i) the Department of Health, in accordance with Section 76-7-305.5, publishes printed material and an informational video that:
     (A) provides medically accurate information regarding all abortion procedures that may be used;
     (B) describes the gestational stages of an unborn child; and
     (C) includes information regarding public and private services and agencies available to assist her through pregnancy, at childbirth, and while the child is dependent, including private and agency adoption alternatives;
     (ii) the printed material and a viewing of or a copy of the informational video shall be provided to her free of charge;
     (iii) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of that assistance is contained in the printed materials and the informational video published by the Department of Health;
     (iv) except as provided in Subsection (3)(b), the father of the unborn child is legally required to assist in the support of her child, even in instances where he has offered to pay for the abortion, and that the Office of Recovery Services within the Department of Human Services will assist her in collecting child support; and
     (v) she has the right to view an ultrasound of the unborn child, at no expense to her, upon her request;

---

     (c) the information required to be provided to the pregnant woman under Subsection (2)(a) is also provided by the physician who is to perform the abortion, in a face-to-face consultation, prior to performance of the abortion, unless the attending or referring physician is the individual who provides the information required under Subsection (2)(a);
     (d) a copy of the printed materials published by the Department of Health has been provided to the pregnant woman;
     (e) the informational video, published by the Department of Health, has been provided to the pregnant woman in accordance with Subsection (4); and
     (f) the pregnant woman has certified in writing, prior to the abortion, that the information required to be provided under Subsections (2)(a) through (e) was provided, in accordance with the requirements of those subsections.
     (3) (a) The alternatives required to be provided under Subsection (2)(a)(i) shall include:
     (i) a description of adoption services, including private and agency adoption methods; and
     (ii) a statement that it is legal for adoptive parents to financially assist in pregnancy and birth expenses.
     (b) The information described in Subsection (2)(b)(iv) may be omitted from the information required to be provided to a pregnant woman under this section if the woman is pregnant as the result of rape.
     (4) When the informational video described in Section 76-7-305.5 is provided to a pregnant woman, the person providing the information shall first request that the woman view the video at that time or at another specifically designated time and location. If the woman chooses not to do so, a copy of the video shall be provided to her.
     (5) When a serious medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician's judgment that an abortion is necessary.
     (6) Any physician who violates the provisions of this section:
     (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102; and
     (b) shall be subject to suspension or revocation of the physician's license for the practice of medicine and surgery in accordance with Sections 58-67-401 and 58-67-402, Utah Medical Practice Act, or Sections 58-68-401 and 58-68-402, Utah Osteopathic Medical Practice Act.
     (7) A physician is not guilty of violating this section for failure to furnish any of the information described in Subsection (2), if:
     (a) the physician can demonstrate by a preponderance of the evidence that the physician reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the pregnant woman;
     (b) in the physician's professional judgment, the abortion was necessary to save the pregnant woman's life;
     (c) the pregnancy was the result of rape or rape of a child, as defined in Sections 76-5-402 and 76-5-402.1;
     (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(10) and Section 76-7-102;
     (e) in his professional judgment the abortion was to prevent the birth of a child who would have been born with grave defects; or
     (f) the pregnant woman was 14 years of age or younger.

---

     (8) A physician who complies with the provisions of this section and Section 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain informed consent under Section 78-14-5.

Amended by Chapter 207, 2006 General Session