Abortion prohibition -- Exceptions -- Penalties.

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  • (1) An abortion may be performed in this state only under the following circumstances:
    • (a) the abortion is necessary to avert:
      • (i) the death of the woman on whom the abortion is performed; or
      • (ii) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;
    • (b) two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus:
      • (i) has a defect that is uniformly diagnosable and uniformly lethal; or
      • (ii) has a severe brain abnormality that is uniformly diagnosable; or
    • (c)
      • (i) the woman is pregnant as a result of:
        • (A) rape;
        • (B) rape of a child; or
        • (C) incest; and
      • (ii) before the abortion is performed, the physician who performs the abortion:
        • (A) verifies that the incident described in Subsection (1)(c)(i) has been reported to law enforcement; and
        • (B) if applicable, complies with requirements related to reporting suspicions of or known child abuse.
  • (2) An abortion may be performed only:
    • (a) by a physician; and
    • (b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in another location due to a medical emergency.
  • (3) A person who performs an abortion in violation of this section is guilty of a second degree felony.
  • (4) In addition to the penalty described in Subsection (3), the department may take appropriate corrective action against an abortion clinic, including revoking the abortion clinic's license, if a violation of this chapter occurs at the abortion clinic.
  • (5) The department shall report a physician's violation of any provision of this section to the state entity that regulates the licensing of a physician.




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