76-7-310.5. Prohibition of specified abortion procedures -- Viability defined.

173 words·~1 min read·/ut/title-76/chapter-7/76-7-310-5·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used in this section, "saline abortion procedure" means performance of amniocentesis and injection of saline into the amniotic sac within the uterine cavity.

(a)After viability has been determined in accordance with Subsection (2)(b) , no person may knowingly perform a saline abortion procedure unless all other available abortion procedures would pose a risk to the life or the health of the pregnant woman.

(b)For purposes of this section determination of viability shall be made by the physician, based upon his own best clinical judgment. The physician shall determine whether, based on the particular facts of a woman's pregnancy that are known to him, and in light of medical technology and information reasonably available to him, there is a realistic possibility of maintaining and nourishing a life outside of the womb, with or without temporary, artificial life-sustaining support.

(3)Intentional, knowing, and willful violation of this section is a third degree felony.

Amended by Chapter 272 , 2004 General Session