Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 254 First Substitute (2020GS)

Sponsor

Rep. Ward, R.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• removes a prohibition against using public funds to provide contraceptive services to minors without consent from the minor's parent or guardian;
• amends provisions relating to the provision of contraceptives to minors; and
• makes technical changes.

Every vote on this bill

Bill text

HEALTH CARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions relating to the use of public funds for contraceptives.
Highlighted Provisions:
This bill:
▸ removes a prohibition against using public funds to provide contraceptive services
to minors without consent from the minor's parent or guardian;
▸ amends provisions relating to the provision of contraceptives to minors; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-7-321
, as last amended by Laws of Utah 1995, Chapter 20
76-7-322
, as last amended by Laws of Utah 1988, Chapter 50
76-7-323
, as last amended by Laws of Utah 1988, Chapter 50
76-7-325
, as enacted by Laws of Utah 1983, Chapter 94
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-7-321
 is amended to read:
76-7-321.
Definitions.
As used in Sections 
76-7-321
 through 
76-7-325
:
(1) "Abortion services" means any material, program, plan, or undertaking which seeks
to promote abortion, encourages individuals to obtain an abortion, or provides abortions.
[
(2) "Contraceptive services" means any material, program, plan, or undertaking that is
used for instruction on the use of birth control devices and substances, encourages individuals
to use birth control methods, or provides birth control devices.
]
(2) "Contraceptive" means an applicance, drug, or medical preparation intended or
having special utility for prevention of conception.
(3) "Funds" means any money, supply, material, building, or project provided by this
state or its political subdivisions.
(4) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
[
(4)
] 
(5)
 "Minor" means any person under the age of 18 who is not otherwise
emancipated, married, or a member of the armed forces of the United States.
Section 2. Section 
76-7-322
 is amended to read:
76-7-322.
Public funds for provision of abortion services restricted.
No funds of the state or its political subdivisions shall be used to provide [
contraceptive
or
] abortion services to an unmarried minor without the prior written consent of the minor's
parent or guardian.
Section 3. Section 
76-7-323
 is amended to read:
76-7-323.
Public funds for support entities providing abortion services restricted.
No agency of the state or its political subdivisions shall approve any application for
funds of the state or its political subdivisions to support, directly or indirectly, any organization
or health care provider that provides [
contraceptive or
] abortion services to an unmarried minor
without the prior written consent of the minor's parent or guardian. No institution shall be
denied state or federal funds under relevant provisions of law on the ground that a person on its
staff provides contraceptive or abortion services in that person's private practice outside of such
institution.
Section 4. Section 
76-7-325
 is amended to read:
76-7-325.
Notice to parent or guardian of minor requesting contraceptive --
Penalty for violation.
(1) [
Any person before
] 
Before
 providing contraceptives to a minor
, a health care
provider
 shall notify[
, whenever possible,
] the minor's parents or guardian of the service
requested to be provided to such minor[
. Contraceptives shall be defined as appliances
(including but not limited to intrauterine devices), drugs, or medicinal preparations intended or
having special utility for prevention of conception.
] 
unless the health care provider:
(a) determines that it would be detrimental to the health of the minor to withhold
contraceptives until parental consent can be obtained; and
(b) documents in the minor's medical record the reason that the health care provider
believes that requiring parental consent for the contraceptive would be detrimental to the health
of the minor.
[
(2) Any person in violation of this section shall be guilty of a class C misdemeanor.
]
(2) A health care provider who violates this section is guilty of unprofessional conduct
under Section 
58-1-501
.