76-7-331 - Public funding of abortion forbidden.
76-7-331. Public funding of abortion forbidden.
(1) As used in this section, "damage to a major bodily function" refers only to injury orimpairment of a physical nature and may not be interpreted to mean mental, psychological, oremotional harm, illness, or distress.
(2) Public funds of the state, its institutions, or its political subdivisions may not be usedto pay or otherwise reimburse, either directly or indirectly, any person, agency, or facility for theperformance of any induced abortion services unless:
(a) in the professional judgment of the pregnant woman's attending physician, theabortion is necessary to save the pregnant woman's life;
(b) the pregnancy is the result of rape or incest reported to law enforcement agencies,unless the woman was unable to report the crime for physical reasons or fear of retaliation; or
(c) in the professional judgment of the pregnant woman's attending physician, theabortion is necessary to prevent permanent, irreparable, and grave damage to a major bodilyfunction of the pregnant woman provided that a caesarian procedure or other medical procedurethat could also save the life of the child is not a viable option.
(3) Any officer or employee of the state who knowingly authorizes the use of fundsprohibited by this section shall be dismissed from that person's office or position and the person'semployment shall be immediately terminated.
Enacted by Chapter 271, 2004 General Session