76-7-301 - Definitions.
76-7-301. Definitions.
As used in this part:
(1) (a) "Abortion" means:
(i) the intentional termination or attempted termination of human pregnancy afterimplantation of a fertilized ovum through a medical procedure carried out by a physician orthrough a substance used under the direction of a physician;
(ii) the intentional killing or attempted killing of a live unborn child through a medicalprocedure carried out by a physician or through a substance used under the direction of aphysician; or
(iii) the intentional causing or attempted causing of a miscarriage through a medicalprocedure carried out by a physician or through a substance used under the direction of aphysician.
(b) "Abortion" does not include:
(i) removal of a dead unborn child;
(ii) removal of an ectopic pregnancy; or
(iii) the killing or attempted killing of an unborn child without the consent of thepregnant woman, unless:
(A) the killing or attempted killing is done through a medical procedure carried out by aphysician or through a substance used under the direction of a physician; and
(B) the physician is unable to obtain the consent due to a medical emergency.
(2) "Medical emergency" means that condition which, on the basis of the physician'sgood faith clinical judgment, so threatens the life of a pregnant woman as to necessitate theimmediate abortion of her pregnancy to avert her death, or for which a delay will create seriousrisk of substantial and irreversible impairment of major bodily function.
(3) (a) "Partial birth abortion" means an abortion in which the person performing theabortion:
(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of ahead first presentation, the entire fetal head is outside the body of the mother, or, in the case ofbreech presentation, any part of the fetal trunk past the navel is outside the body of the mother,for the purpose of performing an overt act that the person knows will kill the partially deliveredliving fetus; and
(ii) performs the overt act, other than completion of delivery, that kills the partially livingfetus.
(b) "Partial birth abortion" does not include the dilation and evacuation procedureinvolving dismemberment prior to removal, the suction curettage procedure, or the suctionaspiration procedure for abortion.
(4) "Physician" means:
(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter67, Utah Medical Practice Act;
(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58,Chapter 68, Utah Osteopathic Medical Practice Act; or
(c) a physician employed by the federal government who has qualifications similar to aperson described in Subsection (4)(a) or (b).
(5) "Hospital" means:
(a) a general hospital licensed by the Department of Health according to Title 26,
Chapter 21, Health Care Facility Licensing and Inspection Act; and
(b) a clinic or other medical facility to the extent that such clinic or other medical facilityis certified by the Department of Health as providing equipment and personnel sufficient inquantity and quality to provide the same degree of safety to the pregnant woman and the unbornchild as would be provided for the particular medical procedures undertaken by a general hospitallicensed by the Department of Health.
Amended by Chapter 13, 2010 General Session