Circumstances under which abortion authorized.

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  • (1) As used in this section, "viable" means that the unborn child has reached a stage of fetal development when the unborn child is potentially able to live outside the womb, as determined by the attending physician to a reasonable degree of medical certainty.
  • (2) An abortion may be performed in this state only by a physician.
  • (3) An abortion may be performed in this state only under the following circumstances:
    • (a) the unborn child is not viable; or
    • (b) the unborn child is viable, if:
      • (i) the abortion is necessary to avert:
        • (A) the death of the woman on whom the abortion is performed; or
        • (B) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;
      • (ii) two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus:
        • (A) has a defect that is uniformly diagnosable and uniformly lethal; or
        • (B) has a severe brain abnormality that is uniformly diagnosable; or
      • (iii)
        • (A) the woman is pregnant as a result of:
          • (I) rape, as described in Section 76-5-402;
          • (II) rape of a child, as described in Section 76-5-402.1; or
          • (III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; and
        • (B) before the abortion is performed, the physician who performs the abortion:
          • (I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to law enforcement; and
          • (II) complies with the requirements of Section 62A-4a-403.
  • (4) An abortion may be performed only in an abortion clinic or a hospital, unless it is necessary to perform the abortion in another location due to a medical emergency.





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