§ 76-7-310.5. Prohibition of specified abortion procedures

(1) As used in this section:

(a) "Partial birth abortion" or "dilation and extraction procedure" means the termination of pregnancy by partially vaginally delivering a living intact fetus, purposefully inserting an instrument into the skull of the intact fetus, and utilizing a suction device to remove the skull contents. This definition does not include the dilation and evacuation procedure involving dismemberment prior to removal, the suction curettage procedure, or the suction aspiration procedure for abortion.

(b) "Saline abortion procedure" means performance of amniocentesis and injection of saline into the amniotic sac within the uterine cavity.

(2) (a) After viability has been determined in accordance with Subsection (b), no person may knowingly perform a partial birth abortion or dilation and extraction procedure, or a saline abortion procedure, unless all other available abortion procedures would pose a risk to the life or the health of the pregnant woman.

(b) For purposes of this section determination of viability shall be made by the physician, based upon his own best clinical judgment. The physician shall determine whether, based on the particular facts of a woman's pregnancy that are known to him, and in light of medical technology and information reasonably available to him, there is a realistic possibility of maintaining and nourishing a life outside of the womb, with or without temporary, artificial life-sustaining support.

(3) Intentional, knowing, and willful violation of this section is a third degree felony.

History: C. 1953, 76-7-310.5, enacted by L. 1996, chpt. 267, § 1. Eff. 4/29/96 (See, Utah Const., Art. VI, Sec. 25.)