Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortion if Roe vs. Wade is overturned by the United States Supreme Court.

Highlights:

• Authorizes the state to prohibit abortions at any time during pregnancy if the general counsel certifies that a court of binding authority has determined that states have the power to prohibit abortions at any time subject to exceptions (Sec. 4).

• Defines “a court of binding authority” as the following, including (Sec. 4):

• The United States Supreme Court;

• The United States Court of Appeals for the Tenth Circuit;

• The Utah Supreme Court; and

• The Utah Court of Appeals.

• Specifies that abortions may be performed in this state under the following circumstances, including (Sec. 2):

• When necessary to avert the death or substantial or irreversible major bodily function impairment;

• When 2 physicians concur in writing that the fetus has a diagnosable lethal defect or severe brain abnormality; or

• When the pregnancy is the result of rape, rape of a child, or incest.

• Authorizes the Department of Health to revoke an abortion clinic’s license if a violation of this act is found to have occurred, and report a physician’s violation to the state entity that regulates physician licensing (Sec. 2).

• Defines “physician” as a medical doctor or osteopathic physician licensed to practice medicine and surgery in the state or employed by the federal government (Sec. 1).

• Defines “abortion” as the intentional or attempted termination of a pregnancy through a medical procedure carried out by a physician or through a substance used under the direction of a physician (Sec. 1).

• Specifies that abortion does not include the removal of a dead unborn child, the removal of an ectopic pregnancy, or the termination of a pregnancy without the consent of the pregnant woman due to a medical emergency (Sec. 1).

• Defines “medical emergency” as a condition in which, on the physician’s good faith judgment, so threatens the life of a pregnant woman that it necessitates the immediate abortion of her pregnancy to avert her death (Sec. 1).

Full Bill Text