76-7a-101. Definitions.

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

Effective 3/14/2024

As used in this chapter:

(a)"Abortion" means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this chapter.

(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 the pregnant woman, unless:

(A)the killing or attempted killing is done through a medical procedure carried out by a physician 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)"Abortion clinic" means a type I abortion clinic licensed by the state or a type II abortion clinic licensed by the state.

(3)"Department" means the Department of Health and Human Services.

(4)"Down syndrome" means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21.

(5)"Hospital" means:

(a)a general hospital licensed by the department; or

(b)a clinic or other medical facility to the extent the clinic or other medical facility is certified by the department as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to a pregnant woman and an unborn child as would be provided for the particular medical procedure undertaken by a general hospital licensed by the department.

(6)"Medical emergency" means a life threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the pregnant woman at risk of death, or poses a serious risk of substantial impairment of a major bodily function, unless the abortion is performed or induced.

(7)"Perinatal hospice" means comprehensive support to the mother and her family from the time of the diagnosis of a lethal fetal anomaly, through the time of the child's birth, and through the postpartum period, that:

(a)focuses on alleviating fear and ensuring that the woman and her family experience the life and death of a child in a comfortable and supportive environment; and

(b)may include counseling or medical care by:

(i)maternal-fetal medical specialists;

(ii)obstetricians;

(iii)neonatologists;

(iv)anesthesia specialists;

(v)psychiatrists, psychologists, or other mental health providers;

(vi)clergy;

(vii)social workers; or

(viii)specialty nurses.

(8)"Physician" means:

(a)a medical doctor licensed to practice medicine and surgery in the state;

(b)an osteopathic physician licensed to practice osteopathic medicine in the state; or

(c)a physician employed by the federal government who has qualifications similar to an individual described in Subsection (7)(a) or (b).

(a)"Severe brain abnormality" means a malformation or defect that causes an individual to live in a mentally vegetative state.

(b)"Severe brain abnormality" does not include:

(i)Down syndrome;

(ii)spina bifida;

(iii)cerebral palsy; or

(iv)any other malformation, defect, or condition that does not cause an individual to live in a mentally vegetative state.