2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 7a - Abortion Prohibition › Part 1 - Definitions › Section 101 - Definitions.

Effective 5/3/2023
76-7a-101.
Definitions.
As used in this chapter:
(1)
(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) "Department" means the Department of Health and Human Services.
(3) "Down syndrome" means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21.
(4) "Hospital" means:
(a) a general hospital licensed by the department; and
(b) a clinic or other medical facility that meets the following criteria:
(i) a clinician who performs procedures at the clinic is required to be credentialed to perform the same procedures at a general hospital licensed by the department; and
(ii) any procedures performed at the clinic are done with the same level of safety for the pregnant woman and unborn child as would be available in a general hospital licensed by the department.
(5) "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.
(6) "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.
(7) "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).
(8)
(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.
Amended by Chapter 158, 2023 General Session
Amended by Chapter 301, 2023 General Session