Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 141 Second Substitute (2017GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires specified medical personnel to inform a woman seeking an abortion of the options and consequences of aborting a medication-induced abortion; and
• requires the Department of Health to include in its published, printed materials an explanation of the options and consequences of aborting a medication-induced abortion.

Every vote on this bill

Bill text

UNBORN CHILD PROTECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Kay J. Christofferson
Kim F. Coleman
Brian M. Greene
Timothy D. Hawkes
Ken Ivory
Michael S. Kennedy
Karianne Lisonbee
A. Cory Maloy
Michael E. Noel
Derrin R. Owens
Lee B. Perry
Val L. Peterson
Tim Quinn
Norman K Thurston
Raymond P. Ward
LONG TITLE
General Description:
This bill amends the information that is required to be given to ensure that a woman
gives informed consent before the performance of an abortion procedure. 
Highlighted Provisions:
This bill:
▸ requires specified medical personnel to inform a woman seeking an abortion of the
options and consequences of aborting a medication-induced abortion; and
▸ requires the Department of Health to include in its published, printed materials an
explanation of the options and consequences of aborting a medication-induced
abortion. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-7-305
, as last amended by Laws of Utah 2016, Chapter 362
76-7-305.5
, as last amended by Laws of Utah 2016, Chapter 362
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-7-305
 is amended to read:
76-7-305.
Informed consent requirements for abortion -- 72-hour wait mandatory
-- Exceptions.
(1) A person may not perform an abortion, unless, before performing the abortion, the
physician who will perform the abortion obtains a voluntary and informed written consent from
the woman on whom the abortion is performed, that is consistent with:
(a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
Current Opinions; and
(b) the provisions of this section.
(2) Except as provided in Subsection (9), consent to an abortion is voluntary and
informed only if:
(a) at least 72 hours before the abortion, the physician who is to perform the abortion,
the referring physician, a physician, a registered nurse, nurse practitioner, advanced practice
registered nurse, certified nurse midwife, genetic counselor, or physician's assistant, in a
face-to-face consultation in any location in the state, orally informs the woman:
(i) consistent with Subsection (3)(a), of:
(A) the nature of the proposed abortion procedure;
(B) specifically how the procedure described in Subsection (2)(a)(i)(A) will affect the
fetus; [
and
]
(C) the risks and alternatives to an abortion procedure or treatment; 
and
(D) the options and consequences of aborting a medication-induced abortion;
(ii) of the probable gestational age and a description of the development of the unborn
child at the time the abortion would be performed;
(iii) of the medical risks associated with carrying her child to term; and
(iv) if the abortion is to be performed on an unborn child who is at least 20 weeks
gestational age:
(A) that substantial medical evidence from studies concludes that an unborn child who
is at least 20 weeks gestational age may be capable of experiencing pain during an abortion
procedure; and
(B) the measures that shall be taken in accordance with Section 
76-7-308.5
;
(b) at least 72 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 physician, a
registered nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered
nurse, clinical laboratory technologist, psychologist, marriage and family therapist, clinical
social worker, genetic counselor, or certified social worker orally, in a face-to-face consultation
in any location in the state, informs 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
made available to her, free of charge, on the Department of Health's website;
(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):
(A) the father of the unborn child is legally required to assist in the support of her
child, even if he has offered to pay for the abortion; and
(B) 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) 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.
(c) Nothing in this section shall be construed to prohibit a person described in
Subsection (2)(a) from, when providing the information described in Subsection (2)(a)(iv),
informing a woman of the person's own opinion regarding the capacity of an unborn child to
experience pain.
(4) When the informational video described in Section 
76-7-305.5
 is provided to a
pregnant woman, the person providing the information shall:
(a) request that the woman view the video at that time or at another specifically
designated time and location; or
(b) if the woman chooses not to view the video at a time described in Subsection (4)(a),
inform the woman that she can access the video on the Department of Health's website.
(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) If an ultrasound is performed on a woman before an abortion is performed, the
person who performs the ultrasound, or another qualified person, shall:
(a) inform the woman that the ultrasound images will be simultaneously displayed in a
manner to permit her to:
(i) view the images, if she chooses to view the images; or
(ii) not view the images, if she chooses not to view the images;
(b) simultaneously display the ultrasound images in order to permit the woman to:
(i) view the images, if she chooses to view the images; or
(ii) not view the images, if she chooses not to view the images;
(c) inform the woman that, if she desires, the person performing the ultrasound, or
another qualified person shall provide a detailed description of the ultrasound images,
including:
(i) the dimensions of the unborn child;
(ii) the presence of cardiac activity in the unborn child, if present and viewable; and
(iii) the presence of external body parts or internal organs, if present and viewable; and
(d) provide the detailed description described in Subsection (6)(c), if the woman
requests it.
(7) The information described in Subsections (2), (3), (4), and (6) is not required to be
provided to a pregnant woman under this section if the abortion is performed for a reason
described in:
(a) Subsection 
76-7-302
(3)(b)(i), if the treating physician and one other physician
concur, in writing, that the abortion is necessary to avert:
(i) the death of the woman on whom the abortion is performed; or
(ii) a serious risk of substantial and irreversible impairment of a major bodily function
of the woman on whom the abortion is performed; or
(b) Subsection 
76-7-302
(3)(b)(ii).
(8) In addition to the criminal penalties described in this part, a 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:
(i) suspension or revocation of the physician's license for the practice of medicine and
surgery in accordance with Section 
58-67-401
 or 
58-68-401
; and
(ii) administrative penalties in accordance with Section 
58-67-402
 or 
58-68-402
.
(9) A physician is not guilty of violating this section for failure to furnish any of the
information described in Subsection (2), or for failing to comply with Subsection (6), 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 avert:
(i) the death of the woman on whom the abortion is performed; or
(ii) a serious risk of substantial and irreversible impairment of a major bodily function
of the woman on whom the abortion is performed;
(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
; or
(e) at the time of the abortion, the pregnant woman was 14 years of age or younger.
(10) 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 
78B-3-406
.
(11) (a) The Department of Health shall provide an ultrasound, in accordance with the
provisions of Subsection (2)(b), at no expense to the pregnant woman.
(b) A local health department shall refer a person who requests an ultrasound described
in Subsection (11)(a) to the Department of Health.
(12) A physician is not guilty of violating this section if:
(a) the physician provides the information described in Subsection (2) less than 72
hours before performing the abortion; and
(b) in the physician's professional judgment, the abortion was necessary in a case
where:
(i) a ruptured membrane, documented by the attending or referring physician, will
cause a serious infection; or
(ii) a serious infection, documented by the attending or referring physician, will cause a
ruptured membrane.
Section 2. Section 
76-7-305.5
 is amended to read:
76-7-305.5.
Requirements for printed materials and informational video.
(1) In order to ensure that a woman's consent to an abortion is truly an informed
consent, the Department of Health shall, in accordance with the requirements of this section:
(a) publish printed materials; and
(b) produce an informational video.
(2) The printed materials and the informational video described in Subsection (1) shall:
(a) be scientifically accurate, comprehensible, and presented in a truthful,
nonmisleading manner;
(b) present adoption as a preferred and positive choice and alternative to abortion;
(c) be printed and produced in a manner that conveys the state's preference for
childbirth over abortion;
(d) state that the state prefers childbirth over abortion;
(e) state that it is unlawful for any person to coerce a woman to undergo an abortion;
(f) state that any physician who performs an abortion without obtaining the woman's
informed consent or without providing her a private medical consultation in accordance with
the requirements of this section, may be liable to her for damages in a civil action at law;
(g) provide information on resources and public and private services available to assist
a pregnant woman, financially or otherwise, during pregnancy, at childbirth, and while the
child is dependent, including:
(i) medical assistance benefits for prenatal care, childbirth, and neonatal care;
(ii) services and supports available under Section 
35A-3-308
;
(iii) other financial aid that may be available during an adoption; and
(iv) services available from public adoption agencies, private adoption agencies, and
private attorneys whose practice includes adoption;
(h) describe the adoption-related expenses that may be paid under Section 
76-7-203
;
(i) describe the persons who may pay the adoption related expenses described in
Subsection (2)(h);
(j) describe the legal responsibility of the father of a child to assist in child support,
even if the father has agreed to pay for an abortion;
(k) describe the services available through the Office of Recovery Services, within the
Department of Human Services, to establish and collect the support described in Subsection
(2)(j);
(l) state that private adoption is legal;
(m) in accordance with Subsection (3), describe the probable anatomical and
physiological characteristics of an unborn child at two-week gestational increments from
fertilization to full term, including:
(i) brain and heart function; and
(ii) the presence and development of external members and internal organs;
(n) describe abortion procedures used in current medical practice at the various stages
of growth of the unborn child, including:
(i) the medical risks associated with each procedure;
(ii) the risk related to subsequent childbearing that are associated with each procedure;
and
(iii) the consequences of each procedure to the unborn child at various stages of fetal
development;
(o) describe the possible detrimental psychological effects of abortion;
(p) describe the medical risks associated with carrying a child to term; and
(q) include relevant information on the possibility of an unborn child's survival at the
two-week gestational increments described in Subsection (2)(m).
(3) The information described in Subsection (2)(m) shall be accompanied by the
following for each gestational increment described in Subsection (2)(m):
(a) pictures or video segments that accurately represent the normal development of an
unborn child at that stage of development; and
(b) the dimensions of the fetus at that stage of development.
(4) The printed material and video described in Subsection (1) may include a toll-free
24-hour telephone number that may be called in order to obtain, orally, a list and description of
services, agencies, and adoption attorneys in the locality of the caller.
(5) In addition to the requirements described in Subsection (2), the printed material
described in Subsection (1)(a) shall:
(a) be printed in a typeface large enough to be clearly legible;
(b) in accordance with Subsection (6), include a geographically indexed list of public
and private services and agencies available to assist a woman, financially or otherwise, through
pregnancy, at childbirth, and while the child is dependent; [
and
]
(c) except as provided in Subsection (7), include a separate brochure that contains
truthful, nonmisleading information regarding:
(i) substantial medical evidence from studies concluding that an unborn child who is at
least 20 weeks gestational age may be capable of experiencing pain during an abortion
procedure; and
(ii) the measures that shall be taken in accordance with Section 
76-7-308.5
[
.
]
;
(d) explain the options and consequences of aborting a medication-induced abortion;
and
(e) include the following statement, "Research indicates that mifepristone alone is not
always effective in ending a pregnancy. You may still have a viable pregnancy after taking
mifepristone. If you have taken mifepristone but have not yet taken the second drug and have
questions regarding the health of your fetus or are questioning your decision to terminate your
pregnancy, you should consult a physician immediately."
(6) The list described in Subsection (5)(b) shall include:
(a) private attorneys whose practice includes adoption; and
(b) the names, addresses, and telephone numbers of each person listed under
Subsection (5)(b) or (6)(a).
(7) A person or facility is not required to provide the information described in
Subsection (5)(c) to a patient or potential patient, if the abortion is to be performed:
(a) on an unborn child who is less than 20 weeks gestational age at the time of the
abortion; or
(b) on an unborn child who is at least 20 weeks gestational age at the time of the
abortion, if:
(i) the abortion is being performed for a reason described in Subsection
76-7-302
(3)(b)(i) or (ii); and
(ii) due to a serious medical emergency, time does not permit compliance with the
requirement to provide the information described in Subsection (5)(c).
(8) In addition to the requirements described in Subsection (2), the video described in
Subsection (1)(b) shall:
(a) make reference to the list described in Subsection (5)(b); and
(b) show an ultrasound of the heartbeat of an unborn child at:
(i) four weeks from conception;
(ii) six to eight weeks from conception; and
(iii) each month after 10 weeks gestational age, up to 14 weeks gestational age.