Jon Huntsman - Abortion
Summary
Governor Huntsman is pro-life. He has stated that he supports restriction on abortion except in the cases of rape or incest. In a 2011 speech, he urged the Republican party not to abandon it's focus on abortion by stating that Republicans should not focus on economic life at the cost of human life. He stated that while in office, he signed every piece of pro-life legislation that came across his desk. He has stated that he supports a right to life amendment.
There were three main pieces of legislation dealing with abortion that Jon Huntsman signed into law. These bills were HB 85 in 2006 and HB 90 and HB 222 in 2009. HB 85 required that a minor obtain parental consent prior to getting an abortion. There were exceptions given for the health of the mother and familial concerns. HB 90 makes it illegal to perform an abortion in the second trimester and made it a second degree felony for the physicians to perform such a procedure. There was no punishment for the mother of the fetus. HB 222 dealt with the pain that a child may feel during an abortion. It allowed the mother time to consider medication to ensure that the fetus did not feel pain after informing them that such a thing was a possibility.
HB 85 - Parental Consent
In 2006, Governor Huntsman signed HB 85 into law. This legislation required that a minor obtain parental consent prior to getting an abortion.
This bill amends the Utah Criminal Code, the Utah Human Services Code, and the Utah Health Care Malpractice Act to require parental consent and notification for abortions performed upon minors, subject to certain exceptions. Governor Huntsman released a statement in support of the legislation which noted that he supported restrictions on abortion except in cases of rape or incest.
I support efforts to restrict abortion except in instances of rape and incest or where it's necessary to preserve the life of the mother
Highlighted Provisions:
This bill:
defines terms;
provides that a written report of incest or abuse made in connection with a minor seeking an abortion may not disclose that the minor obtained or considered an abortion;requires that at least 24 hours before a physician performs an abortion on a minor, the physician shall notify a parent or guardian of the minor that the minor intends to have an abortion, unless:
a medical emergency exists;
the physician reports that the parent or guardian abused the minor or caused the minor's pregnancy by engaging in incest with the minor; or
the parent or guardian has not assumed responsibility for the minor's care and upbringing;
provides that, in a medical emergency, except when it is necessary to immediately perform an abortion, the physician shall notify a parent or guardian of the minor, as early as possible before the abortion, that the minor intends to have an abortion;
removes the requirement that a physician notify the spouse of a married woman that she intends to obtain an abortion;
requires that a minor obtain parental consent before obtaining an abortion unless:
the minor obtains the right, by court order, to consent to an abortion without parental consent; or
a medical emergency exists;rn
provides that a minor may petition a court to determine whether a minor should be granted the right to consent to an abortion without parental consent;
provides that the proceedings described above are closed to the public;
provides that a court shall order that a minor may consent to an abortion without parental consent only if the court finds by a preponderance of the evidence that:
the minor is mature and capable of giving informed consent to the abortion and has given her informed consent; or
an abortion would be in the minor's best interest;rn
grants rulemaking authority to the Judicial Council to:
administer the proceedings described in this bill;
provide for an appeal of a decision described in the preceding paragraph;
ensure the confidentiality of proceedings described in this bill and the records relating to the proceedings; and
establish procedures to expedite the hearing and appeal proceedings described inthis bill;
amends the Utah Health Care Malpractice Act and related provisions to conform to the consent requirements of this bill; and
makes technical changes.Utah Code Sections Affected:
AMENDS:
62A-4a-408, as renumbered and amended by Chapter 260, Laws of Utah 1994
76-7-304, as enacted by Chapter 33, Laws of Utah 1974
76-7-305, as last amended by Chapter 221, Laws of Utah 1997
76-7-305.5, as last amended by Chapter 13, Laws of Utah 1998
76-7-315, as last amended by Chapter 5, Laws of Utah 1996, Second Special Session
78-14-5, as last amended by Chapter 9, Laws of Utah 2001ENACTS:
76-7-304.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah: Section 1. Section 62A-4a-408 is amended to read: 62A-4a-408. Written reports.
(1) Reports made pursuant to this part shall be followed by a written report within 48hours, if requested by the division. The division shall immediately forward a copy of thatreport to the statewide central register, on forms supplied by the register.
(2) If, in connection with an intended or completed abortion by a minor, a physician isrequired to make a report of incest or abuse of a minor, the report may not include informationthat would in any way disclose that the report was made in connection with:
(a) an abortion; or
(b) a consultation regarding an abortion.Section 2. Section 76-7-304 is amended to read:76-7-304. Considerations by physician -- Notice to a parent or guardian --Exceptions.
(1) As used in this section:
(a) "abuse" is as defined in Section 62A-4a-101; and
(b) "minor" means a person who is:
(i) under 18 years of age;
(ii) unmarried; and
(iii) not emancipated.(2) To enable the physician to exercise the physician's best medical judgment, the physician shall consider all factors relevant to the well-being of the woman upon whom the abortion is to be performed including:
(a) her physical, emotional and psychological health and safety;
(b) her age; and
(c) her familial situation.(3) Subject to Subsection (4), at least 24 hours before a physician performs an abortion on a minor, the physician shall notify a parent or guardian of the minor that the minor intends to have an abortion.
(4) A physician is not required to comply with Subsection (3) if:
(a) subject to Subsection (5)(a):(i) a medical condition exists that, on the basis of the physician's good faith clinical
judgment, so complicates the medical condition of a pregnant minor as to necessitate the
abortion of her pregnancy to avert:(A) the minor's death; or
(B) a serious risk of substantial and irreversible impairment of a major bodily function of the minor; and
(ii) there is not sufficient time to give the notice required under Subsection (3) before itis necessary to terminate the minor's pregnancy in order to avert the minor's death orimpairment described in Subsection (4)(a)(i);
(b) subject to Subsection (5)(b):
(i) the physician complies with Subsection (6); and
(ii) (A) the minor is pregnant as a result of incest to which the parent or guardian was a
party; or(B) the parent or guardian has abused the minor; or (c) subject to Subsection (5)(b), the parent or guardian has not assumed responsibility for the minor's care and upbringing.
(5) (a) If, for the reason described in Subsection (4)(a), a physician does not give the
24-hour notice described in Subsection (3), the physician shall give the required notice as early
as possible before the abortion, unless it is necessary to perform the abortion immediately in
order to avert the minor's death or impairment described in Subsection (4)(a)(i).(b) If, for a reason described in Subsection (4)(b) or (c), a parent or guardian of a minor
is not notified that the minor intends to have an abortion, the physician shall notify another
parent or guardian of the minor, if the minor has another parent or guardian that is not exempt
from notification under Subsection (4)(b) or (c).(6) If, for a reason described in Subsection (4)(b)(ii)(A) or (B), a physician does not notify a parent or guardian of a minor that the minor intends to have an abortion, the physicianshall report the incest or abuse to the Division of Child and Family Services within the Department of Human Services.
Section 3. Section 76-7-304.5 is enacted to read:
76-7-304.5. Consent required for abortions performed on minors -- Hearing to allow a minor to self-consent -- Appeals.
(1) As used in this section, "minor" is as defined in Subsection 76-7-304(1).
(2) In addition to the other requirements of this part, a physician may not perform an abortion on a minor unless:
(a) the physician obtains the informed written consent of a parent or guardian of the minor, consistent with Section 76-7-305;
(b) the minor is granted the right, by court order under Subsection (5)(b), to consent to the abortion without obtaining consent from a parent or guardian; or(c) (i) a medical condition exists that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate the abortion of her pregnancy to avert:
(A) the minor's death; or
(B) a serious risk of substantial and irreversible impairment of a major bodily function of the minor; and(ii) there is not sufficient time to obtain the consent in the manner chosen by the minor under Subsection (3) before it is necessary to terminate the minor's pregnancy in order to avert the minor's death or impairment described in Subsection (2)(c)(i).
(3) A pregnant minor who wants to have an abortion may choose:
(a) to seek consent from a parent or guardian under Subsection (2)(a); or
(b) to seek a court order under Subsection (2)(b).(4) If a pregnant minor fails to obtain the consent of a parent or guardian of the minor to the performance of an abortion, or if the minor chooses not to seek the consent of a parent or guardian, the minor may file a petition with the juvenile court to obtain a court order under Subsection (2)(b).
(5) (a) A hearing on a petition described in Subsection (4) shall be closed to the public.
(b) After considering the evidence presented at the hearing, the court shall order that the minor may obtain an abortion without the consent of a parent or guardian of the minor if the court finds by a preponderance of the evidence that:
(i) the minor:
(A) has given her informed consent to the abortion; and
(B) is mature and capable of giving informed consent to the abortion; or
(ii) an abortion would be in the minor's best interest.(6) The Judicial Council shall make rules that:
(a) provide for the administration of the proceedings described in this section;
(b) provide for the appeal of a court's decision under this section;
(c) ensure the confidentiality of the proceedings described in this section and the records related to the proceedings; and
(d) establish procedures to expedite the hearing and appeal proceedings described in this section.Section 4. Section 76-7-305 is amended to read: 76-7-305. Informed consent requirements for abortion -- 24-hour wait mandatory
-- Emergency exceptions.
(1) No abortion may be performed unless a voluntary and informed written consent, consistent with Section 8.08 of the American Medical Association's Code of Medical Ethics, Current Opinions, and the provisions of this section is first obtained by the attending physician from the woman upon whom the abortion is to be performed.(2) Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:
(a) at least 24 hours prior to the abortion, the physician who is to perform the abortion, the referring physician, a registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, or physician's assistant [shall], in a face-to-face consultation, orally [inform] informs the woman of:
(i) consistent with Subsection (3)(a), the nature of the proposed abortion procedure or treatment, specifically how that procedure will affect the fetus, and the risks and alternatives to an abortion procedure or treatment that any person would consider material to the decision of whether or not to undergo an abortion;
(ii) the probable gestational age and a description of the development of the unborn child at the time the abortion would be performed; and
(iii) the medical risks associated with carrying her child to term;(b) at least 24 hours prior to the abortion the physician who is to perform the abortion, the referring physician, or, as specifically delegated by either of those physicians, a registered nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered nurse, clinical laboratory technologist, psychologist, marriage and family therapist, clinical social worker, or certified social worker has orally, in a face-to-face consultation, informed the pregnant woman that:
(i) the Department of Health, in accordance with Section 76-7-305.5, publishes printed material and an informational video that:(A) provides medically accurate information regarding all abortion procedures that may be used;
(B) describes the gestational stages of an unborn child; and (C) includes information regarding public and private services and agencies available to assist her through pregnancy, at childbirth, and while the child is dependent, including private and agency adoption alternatives; [and]
(ii) the printed material and a viewing of or a copy of the informational video shall be provided to her free of charge;
(iii) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of that assistance is contained in the printed materials and the informational video published by the Department of Health;
(iv) except as provided in Subsection (3)(b), the father of the unborn child is legally required to assist in the support of her child, even in instances where he has offered to pay for the abortion, and that the Office of Recovery Services within the Department of Human Services will assist her in collecting child support[. In the case of rape, this information may be omitted]; and
(v) she has the right to view an ultrasound of the unborn child, at no expense to her, upon her request;
(c) the information required to be provided to the pregnant woman under Subsection (2)(a) is also provided by the physician who is to perform the abortion, in a face-to-face consultation, prior to performance of the abortion, unless the attending or referring physician is the individual who provides the information required under Subsection (2)(a);(d) a copy of the printed materials published by the Department of Health has been provided to the pregnant woman;
(e) the informational video, published by the Department of Health, has been provided to the pregnant woman in accordance with Subsection [(2)] (4); and
(f) the pregnant woman has certified in writing, prior to the abortion, that the information required to be provided under Subsections (2)(a)[, (b), (c), (d), and] through (e) was provided, in accordance with the requirements of those subsections.
(3) (a) The alternatives required to be provided under Subsection (2)(a)(i) shall include:
(i) a description of adoption services, including private and agency adoption methods; and
(ii) a statement that it is legal for adoptive parents to financially assist in pregnancy and birth expenses.(b) The information described in Subsection (2)(b)(iv) may be omitted from the information required to be provided to a pregnant woman under this section if the woman is pregnant as the result of rape.
(4) When the informational video described in Section 76-7-305.5 is provided to a pregnant woman, the person providing the information shall first request that the woman view the video at that time or at another specifically designated time and location. If the woman chooses not to do so, a copy of the video shall be provided to her.
(5) When a serious medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician's judgment that an abortion is necessary.
(6) Any physician who violates the provisions of this section:
(a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102; and(b) shall be subject to suspension or revocation of the physician's license for the practice of medicine and surgery in accordance with Sections 58-67-401 and 58-67-402, Utah Medical Practice Act, or Sections 58-68-401 and 58-68-402, Utah Osteopathic Medical Practice Act.
(7) A physician is not guilty of violating this section for failure to furnish any of
the information described in Subsection (2), if:
(a) the physician can demonstrate by a preponderance of the evidence that the physician reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the pregnant woman;
(b) in the physician's professional judgment, the abortion was necessary to save the pregnant woman's life;
(c) the pregnancy was the result of rape or rape of a child, as defined in Sections 76-5-402 and 76-5-402.1;
(d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(10) and Section 76-7-102;
(e) in his professional judgment the abortion was to prevent the birth of a child who would have been born with grave defects; or
(f) the pregnant woman was 14 years of age or younger.(8) A physician who complies with the provisions of this section and Section 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain informed consent under Section 78-14-5.
Section 5. Section 76-7-305.5 is amended to read:
76-7-305.5. Requirements for printed materials and informational video -- Annual report of Department of Health.(1) In order to insure that a woman's consent to an abortion is truly an informed consent, the Department of Health shall publish printed materials and produce an informational video in accordance with the requirements of this section. The department and each local health department shall make those materials and a viewing of the video available at no cost to any person. The printed material and the informational video shall be comprehensible and contain all of the following:
(a) geographically indexed materials informing the woman of public and private services and agencies available to assist her, financially and otherwise, through pregnancy, at childbirth, and while the child is dependent, including services and supports available under Section 35A-3-308. Those materials shall contain a description of available adoption services, including a comprehensive list of the names, addresses, and telephone numbers of public and private agencies and private attorneys whose practice includes adoption, and explanations of possible available financial aid during the adoption process. The information regarding adoption services shall include the fact that private adoption is legal, and that the law permits adoptive parents to pay the costs of prenatal care, childbirth, and neonatal care. The printed information and video shall present adoption as a preferred and positive choice and alternative to abortion. The department may, at its option, include printed materials that describe the availability of a toll-free 24-hour telephone number that may be called in order to obtain, orally, the list and description of services, agencies, and adoption attorneys in the locality of the caller;
(b) truthful and nonmisleading descriptions of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, accompanied by pictures or video segments representing the development of an unborn child at those gestational increments. The descriptions shall include information about brain and heart function and the presence of external members and internal organs during the applicable stages of development. Any pictures used shall contain the dimensions of the fetus and shall be realistic and appropriate for that woman's stage of pregnancy. The materials shall be designed to convey accurate scientific information about an unborn child at the various gestational ages, and to convey the state's preference for childbirth over abortion;
(c) truthful, nonmisleading descriptions of abortion procedures used in current medical practice at the various stages of growth of the unborn child, the medical risks commonly associated with each procedure, including those related to subsequent childbearing, the consequences of each procedure to the fetus at various stages of fetal development, the possible detrimental psychological effects of abortion, and the medical risks associated with carrying a child to term;
(d) any relevant information on the possibility of an unborn child's survival at the two-week gestational increments described in Subsection (1)(b);
(e) information on the availability of medical assistance benefits for prenatal care, childbirth, and neonatal care;
(f) a statement conveying that it is unlawful for any person to coerce a woman to undergo an abortion;
(g) a statement conveying that any physician who performs an abortion without obtaining the woman's informed consent or without according her a private medical consultation in accordance with the requirements of this section, may be liable to her for damages in a civil action at law;
(h) a statement conveying that the state of Utah prefers childbirth over abortion; and
(i) information regarding the legal responsibility of the father to assist in child support, even in instances where he has agreed to pay for an abortion, including a description of the services available through the Office of Recovery Services, within the Department of Human Services, to establish and collect that support.
(2) (a) The materials described in Subsection (1) shall be produced and printed in a way that conveys the state's preference for childbirth over abortion.
(b) The printed material described in Subsection (1) shall be printed in a typeface large enough to be clearly legible.
(3) Every facility in which abortions are performed shall immediately provide the printed informed consent materials and a viewing of or a copy of the informational video described in Subsection (1) to any patient or potential patient prior to the performance of an abortion, unless the patient's attending or referring physician certifies in writing that he reasonably believes that provision of the materials or video to that patient would result in a severely adverse effect on her physical or mental health.
(4) The Department of Health shall produce a standardized videotape that may be used statewide, containing all of the information described in Subsection (1), in accordance with the requirements of that subsection and Subsection (2). In preparing the video, the deprtment may summarize and make reference to the printed comprehensive list of geographically indexed names and services described in Subsection (1)(a). The videotape shall, in addition to the information described in Subsection (1), show an ultrasound of the heart beat of an unborn child at three weeks gestational age, at six to eight weeks gestational age, and each month thereafter, until 14 weeks gestational age. That information shall be presentedin a truthful, nonmisleading manner designed to convey accurate scientific information, the state's preference for childbirth over abortion, and the positive aspects of adoption.
(5) The Department of Health and local health departments shall provide ultrasounds in accordance with the provisions of Subsection 76-7-305(2)(b), at no expense to the pregnant woman.
(6) The Department of Health shall compile and report the following information annually, preserving physician and patient anonymity:
(a) the total amount of informed consent material described in Subsection (1) that was distributed;
(b) the number of women who obtained abortions in this state without receiving those materials;
(c) the number of statements signed by attending physicians certifying to his opinion regarding adverse effects on the patient under Subsection (3); and
(d) any other information pertaining to protecting the informed consent of women seeking abortions.
(7) The Department of Health shall annually report to the Health and Human Services Interim Committee regarding the information described in Subsection (6), and provide a copy of the printed materials and the videotape produced in accordance with this section to that committee.
Section 6. Section 76-7-315 is amended to read:
76-7-315. Exceptions to certain requirements in serious medical emergencies. When due to a serious medical emergency, time does not permit compliance with Section 76-7-302, 76-7-305, 76-7-305.5, or 76-7-310.5 the provisions of those sections do not apply.
Section 7. Section 78-14-5 is amended to read:
78-14-5. Failure to obtain informed consent -- Proof required of patient --
Defenses -- Consent to health care.
(1) When a person submits to health care rendered by a health care provider, it shall be presumed that what the health care provider did was either expressly or impliedly authorized to be done. For a patient to recover damages from a health care provider in an action based upon the provider's failure to obtain informed consent, the patient must prove the following:
(a) that a provider-patient relationship existed between the patient and health care provider;
(b) the health care provider rendered health care to the patient;
(c) the patient suffered personal injuries arising out of the health care rendered;
(d) the health care rendered carried with it a substantial and significant risk of causing the patient serious harm;
(e) the patient was not informed of the substantial and significant risk;
(f) a reasonable, prudent person in the patient's position would not have consented to the health care rendered after having been fully informed as to all facts relevant to the decision to give consent. In determining what a reasonable, prudent person in the patient's position would do under the circumstances, the finder of fact shall use the viewpoint of the patient before health care was provided and before the occurrence of any personal injuries alleged to have arisen from said health care; and
(g) the unauthorized part of the health care rendered was the proximate cause of personal injuries suffered by the patient.
(2) It shall be a defense to any malpractice action against a health care provider based upon alleged failure to obtain informed consent if:
(a) the risk of the serious harm which the patient actually suffered was relatively minor;
(b) the risk of serious harm to the patient from the health care provider was commonly known to the public;
(c) the patient stated, prior to receiving the health care complained of, that he would accept the health care involved regardless of the risk; or that he did not want to be informed of the matters to which he would be entitled to be informed;
(d) the health care provider, after considering all of the attendant facts and circumstances, used reasonable discretion as to the manner and extent to which risks were disclosed, if the health care provider reasonably believed that additional disclosures could be expected to have a substantial and adverse effect on the patient's condition; or
(e) the patient or his representative executed a written consent which sets forth the nature and purpose of the intended health care and which contains a declaration that the patient accepts the risk of substantial and serious harm, if any, in hopes of obtaining desired beneficial results of health care and which acknowledges that health care providers involved have explained his condition and the proposed health care in a satisfactory manner and that all questions asked about the health care and its attendant risks have been answered in a manner satisfactory to the patient or his representative; such written consent shall be a defense to an action against a health care provider based upon failure to obtain informed consent unless the patient proves that the person giving the consent lacked capacity to consent or shows by clear and convincing proof that the execution of the written consent was induced by the defendant's affirmative acts of fraudulent misrepresentation or fraudulent omission to state material facts.
(3) Nothing contained in this act shall be construed to prevent any person 18 years of age or over from refusing to consent to health care for his own person upon personal or religious grounds.
(4) Except as provided in Section 76-7-304.5, the following persons are
authorized and empowered to consent to any health care not prohibited by law:
- (a) any parent, whether an adult or a minor, for the parent's minor child;
- (b) any married person, for a spouse;
- (c) any person temporarily standing in loco parentis, whether formally serving or not, for the minor under that person's care and any guardian for the guardian's ward;
- (d) any person 18 years of age or over for that person's parent who is unable by reason of age, physical or mental condition, to provide such consent;
- (e) any patient 18 years of age or over;
- (f) any female regardless of age or marital status, when given in connection with her pregnancy or childbirth;
- (g) in the absence of a parent, any adult for the adult's minor brother or sister; and
- (h) in the absence of a parent, any grandparent for the grandparent's minor grandchild.
(5) No person who in good faith consents or authorizes health care treatment or procedures for another as provided by this act shall be subject to civil liability.
HB 90 - Second Trimester Abortions
In 2009, Governor Huntsman signed House Bill 90. This legislation made it illegal to perform an abortion in the second trimester and increased the penalty for doing so to a second degree felony from a third degree felony.
This bill:
removes an unconstitutional provision requiring that all abortions performed 90 days or more after the commencement of a pregnancy be performed in a hospital;
. defines the term "viable";
. provides that an abortion may only be performed in this state if:
. the unborn child is not viable; or
. the unborn child is viable, if the abortion is necessary to avert the death of the woman on whom the abortion is performed, the abortion is necessary to avert aserious risk of substantial and irreversible impairment of a major bodily function of the woman, two physicians who practice maternal fetal medicine concur, in writing, that the fetus has a defect that is uniformly diagnosable and uniformly lethal, or the woman is pregnant as a result of rape, rape of a child, or incest; provides that a violation of the provisions in the preceding paragraph constitute the second degree felony offense of "killing an unborn child"; provides that a woman who seeks to have, or obtains, an abortion for herself is not criminally liable; makes technical changes; and enacts an uncodified severability clause.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a severability clause.
Utah Code Sections Affected:
AMENDS: 76-7-302, as last amended by Laws of Utah 2004, Chapter 90 76-7-314, as last amended by Laws of Utah 2004, Chapter 272
ENACTS: 76-7-314.5, Utah Code Annotated 1953
REPEALS: 76-7-317.2, as last amended by Laws of Utah 2008, Chapter 250Uncodified Material Affected: ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah: Section 1. Section 76-7-302 is amended to read:
76-7-302. Circumstances under which abortion authorized.(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 licensed to practice medicine under Title 58, Chapter 67, Utah Medical Practice Act or an osteopathic physician licensed to practice medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act(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 has a defect that is uniformly diagnosable and uniformly lethal; 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 (10) 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) Notwithstanding any other provision of this section, a woman who seeks to have, or obtains, an abortion for herself is not criminally liable.Section 2. Section 76-7-314 is amended to read: 76-7-314. Violations of abortion laws -- Classifications.
(1) Notwithstanding any other provision of law, a woman who seeks to haveor obtains an abortion for herself is not criminally liable.
(2) A woman upon whom a partial birth abortion is performed may not be prosecuted under Section 76-7-326 or 76-7-329 for a conspiracy to violate Section 76-7-326 or 76-7-329 .
(3) A willful violation of Section 76-7-307 , 76-7-308 , 76-7-310 , 76-7-310.5, 76-7-311 , or 76-7-312 is a felony of the third degree.
(4) A violation of Section 76-7-326 or 76-7-329 is a felony of the third degree.
(5) A violation of Section 76-7-314.5 is a felony of the second degree.
(6) A violation of any other provision of this part is a class A misdemeanor.Section 3. Section 76-7-314.5 is enacted to read:
76-7-314.5. Killing an unborn child.
(1) A person is guilty of killing an unborn child if the person causes the death of an unborn child by performing an abortion of the unborn child in violation of the provisions of Subsection 76-7-302 (3).
(2) Notwithstanding any other provision of this section, a woman who seeks to have, or obtains, an abortion for herself is not criminally liable.Section 4. Repealer.
This bill repeals: Section 76-7-317.2, Finding of unconstitutionality -- Revival of old law.Section 5. Severability clause.
If any one or more provision, section, subsection, sentence, clause, phrase, or word of this bill or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this bill shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this bill, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
HB 222 - Unborn Child Pain
In 2009, Governor Huntsman signed into law HB 222. This legislation requires abortion practitioners to tell women about the pain their baby will feel during an abortion.
LONG TITLE
General Description:
This bill amends provisions of the Utah Criminal Code relating to abortion.
Highlighted Provisions:
This bill:
. requires that at least 24 hours before a physician performs an abortion of an unborn child who is at least 20 weeks gestational age, the woman on whom the abortion is performed shall, except when a medical emergency exists and there is not adequate time to comply with the requirements of this bill, be informed:
. that, upon the woman's request, an anesthetic or analgesic will be administered to the unborn child, through the woman, to eliminate or alleviate organic pain to the unborn child; and
. of any medical risks to the woman associated with the anesthetic or analgesic;
. provides that a person providing the information described in the preceding paragraph is not prohibited from informing the woman of the person's own opinion regarding the administration of an anesthetic or analgesic to alleviate fetal pain;
. requires the Department of Health to produce a brochure that:
. subject to certain exceptions, is to be provided to a woman seeking an abortion of an unborn child who is at least 20 weeks gestational age; and
. includes information relating to the ability of an unborn child to experience pain during an abortion procedure and the methods of alleviating or eliminating that pain;
. provides that a physician who performs an abortion of an unborn child who is at least 20 weeks gestational age shall administer an anesthetic or analgesic to the unborn child if the woman having the abortion consents to the administration of the anesthetic or analgesic, unless a medical emergency exists and there is not adequate time to comply with the requirements of this bill; and
. makes technical changes.Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill coordinates with H.B. 90 by providing substantive and technical amendments. Utah Code Sections Affected:AMENDS:
76-7-305, as last amended by Laws of Utah 2008, Chapter 3
76-7-305.5, as last amended by Laws of Utah 2006, Chapters 116 and 207
76-7-315, as last amended by Laws of Utah 2006, Chapter 207ENACTS: 76-7-308.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-7-305 is amended to read: 76-7-305. Informed consent requirements for abortion -- 24-hour wait mandatory -- Emergency exceptions.
(1) No abortion may be performed unless a voluntary and informed written consent, consistent with Section 8.08 of the American Medical Association's Code of Medical Ethics, Current Opinions, and the provisions of this section is first obtained by the attending physician from the woman upon whom the abortion is to be performed.
(2) Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:
(a) at least 24 hours prior to the abortion, the physician who is to perform the abortion, the referring physician, a registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, or physician's assistant, in a face-to-face consultation, orally informs the woman:
(i) consistent with Subsection (3)(a), of the nature of the proposed abortion procedure or treatment, specifically how that procedure will affect the fetus, and the risks and alternatives to an abortion procedure or treatment that any person would consider material to the decision of whether or not to undergo an abortion;
(ii) of the probable gestational age and a description of the development of the unborn child at the time the abortion would be performed;
(iii) of the medical risks associated with carrying her child to term; and
(iv) except as provided in Subsection (3)(b), if the abortion is to be performed on an unborn child who is at least 20 weeks gestational age:
(A) that, upon the woman's request, an anesthetic or analgesic will be administered to the unborn child, through the woman, to eliminate or alleviate organic pain to the unborn child that may be caused by the particular method of abortion to be employed; and
(B) of any medical risks to the woman that are associated with administering the anesthetic or analgesic described in Subsection (2)(a)(iv)(A);
(b) at least 24 hours prior to the abortion the physician who is to perform the abortion, the referring physician, or, as specifically delegated by either of those physicians, a registered nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered nurse, clinical laboratory technologist, psychologist, marriage and family therapist, clinical social worker, or certified social worker has orally, in a face-to-face consultation, informed thepregnant woman that:
(i) the Department of Health, in accordance with Section 76-7-305.5 , publishes printed material and an informational video that:
(A) provides medically accurate information regarding all abortion procedures that may be used;
(B) describes the gestational stages of an unborn child; and
(C) includes information regarding public and private services and agencies available to assist her through pregnancy, at childbirth, and while the child is dependent, including private and agency adoption alternatives;
(ii) the printed material and a viewing of or a copy of the informational video shall be provided to her free of charge;
(iii) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of that assistance iscontained in the printed materials and the informational video published by the Department of Health;
(iv) except as provided in Subsection (3)[(b)](c), the father of the unborn child is legally required to assist in the support of her child, even in instances where he has offered to pay for the abortion, and that the Office of Recovery Services within the Department of Human Services will assist her in collecting child support; and
(v) she has the right to view an ultrasound of the unborn child, at no expense to her, upon her request;
(c) the information required to be provided to the pregnant woman under Subsection(2)(a) is also provided by the physician who is to perform the abortion, in a face-to-face consultation, prior to performance of the abortion, unless the attending or referring physician is the individual who provides the information required under Subsection (2)(a);
(d) a copy of the printed materials published by the Department of Health has been provided to the pregnant woman;
(e) the informational video, published by the Department of Health, has been provided to the pregnant woman in accordance with Subsection (4); and
(f) the pregnant woman has certified in writing, prior to the abortion, that the information required to be provided under Subsections (2)(a) through (e) was provided, in accordance with the requirements of those subsections.
(3) (a) The alternatives required to be provided under Subsection (2)(a)(i) shall include:
(i) a description of adoption services, including private and agency adoption methods; and
(ii) a statement that it is legal for adoptive parents to financially assist in pregnancy and birth expenses.
(b) The information described in Subsection (2)(a)(iv) may be omitted from the information required to be provided to a pregnant woman under this section if:
(i) the abortion is performed for a reason described in Subsection 76-7-302 (2)(a) or
(d); and
(ii) due to a serious medical emergency, time does not permit compliance with the requirement to provide the information described in Subsection (2)(a)(iv).
(c) The information described in Subsection (2)(b)(iv) may be omitted from the information required to be provided to a pregnant woman under this section if the woman is pregnant as the result of rape.
(d) Nothing in this section shall be construed to prohibit a person described in Subsection (2)(a) from, when providing the information described in Subsection (2)(a)(iv), informing a woman of the person's own opinion regarding:
(i) the capacity of an unborn child to experience pain;
(ii) the advisability of administering an anesthetic or analgesic to an unborn child; or
(iii) any other matter related to fetal pain.
(4) When the informational video described in Section 76-7-305.5 is provided to a pregnant woman, the person providing the information shall first request that the woman view the video at that time or at another specifically designated time and location. If the woman chooses not to do so, a copy of the video shall be provided to her.
(5) When a serious medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician's judgment that an abortion is necessary.
(6) Any physician who violates the provisions of this section:
(a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102 ; and
(b) shall be subject to:
(i) suspension or revocation of the physician's license for the practice of medicine and surgery in accordance with Section 58-67-401 or 58-68-401; and
(ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402 .
(7) A physician is not guilty of violating this section for failure to furnish any of the information described in Subsection (2), if:
(a) the physician can demonstrate by a preponderance of the evidence that the physician reasonably believed that furnishing the information would have resulted in aSeverely adverse effect on the physical or mental health of the pregnant woman;
(b) in the physician's professional judgment, the abortion was necessary to save the pregnant woman's life;
(c) the pregnancy was the result of rape or rape of a child, as defined in Sections 76-5-402 and 76-5-402.1 ;
(d) the pregnancy was the result of incest, as defined in Subsection 76-5-406 (10) and
Section 76-7-102 ; or
(e) the pregnant woman was 14 years of age or younger.
(8) A physician who complies with the provisions of this section and Section
76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
informed consent under Section 78B-3-406 .
Section 2. Section 76-7-305.5 is amended to read:
76-7-305.5. Requirements for printed materials and informational video --
Annual report of Department of Health.
(1) In order to insure that a woman's consent to an abortion is truly an informed
consent, the Department of Health shall publish printed materials and produce an
informational video in accordance with the requirements of this section. The department and
each local health department shall make those materials and a viewing of the video available at
no cost to any person. The printed material and the informational video shall be
comprehensible and contain all of the following:
(a) geographically indexed materials informing the woman of public and private
services and agencies available to assist her, financially and otherwise, through pregnancy, at
childbirth, and while the child is dependent, including services and supports available under
Section 35A-3-308 . Those materials shall contain a description of available adoption services,
including a comprehensive list of the names, addresses, and telephone numbers of public and
private agencies and private attorneys whose practice includes adoption, and explanations of
possible available financial aid during the adoption process. The information regarding
adoption services shall include the fact that private adoption is legal, and that the law permits
adoptive parents to pay the costs of prenatal care, childbirth, and neonatal care. The printed
information and video shall present adoption as a preferred and positive choice and alternative
to abortion. The department may, at its option, include printed materials that describe the
availability of a toll-free 24-hour telephone number that may be called in order to obtain,
orally, the list and description of services, agencies, and adoption attorneys in the locality of
the caller;
(b) truthful and nonmisleading descriptions of the probable anatomical and
physiological characteristics of the unborn child at two-week gestational increments from
fertilization to full term, accompanied by pictures or video segments representing the
development of an unborn child at those gestational increments. The descriptions shall
include information about brain and heart function and the presence of external members and
internal organs during the applicable stages of development. Any pictures used shall contain
the dimensions of the fetus and shall be realistic and appropriate for that woman's stage of
pregnancy. The materials shall be designed to convey accurate scientific information about an
unborn child at the various gestational ages, and to convey the state's preference for childbirth
over abortion;
(c) truthful, nonmisleading descriptions of abortion procedures used in current
medical practice at the various stages of growth of the unborn child, the medical risks
commonly associated with each procedure, including those related to subsequent childbearing,
the consequences of each procedure to the fetus at various stages of fetal development, the
possible detrimental psychological effects of abortion, and the medical risks associated with
carrying a child to term;
(d) any relevant information on the possibility of an unborn child's survival at the
two-week gestational increments described in Subsection (1)(b);
(e) information on the availability of medical assistance benefits for prenatal care,
childbirth, and neonatal care;
(f) a statement conveying that it is unlawful for any person to coerce a woman to
undergo an abortion;
(g) a statement conveying that any physician who performs an abortion without
obtaining the woman's informed consent or without according her a private medical
consultation in accordance with the requirements of this section, may be liable to her for
damages in a civil action at law;
(h) a statement conveying that the state prefers childbirth over abortion; and
(i) information regarding the legal responsibility of the father to assist in child support,
even in instances where he has agreed to pay for an abortion, including a description of the
services available through the Office of Recovery Services, within the Department of Human
Services, to establish and collect that support.
(2) (a) The printed material described in Subsection (1) shall include a separate
brochure that contains truthful, nonmisleading information regarding:
(i) the ability of an unborn child to experience pain during an abortion procedure;
(ii) the measures that may be taken, including the administration of an anesthetic or
analgesic to an unborn child, to alleviate or eliminate pain to an unborn child during an
abortion procedure;
(iii) the effectiveness and advisability of taking the measures described in Subsection
(2)(a)(ii); and
(iv) potential medical risks to a pregnant woman that are associated with the
administration of an anesthetic or analgesic to an unborn child during an abortion procedure.
(b) A person or facility is not required to provide the information described in
Subsection (2)(a) to a patient or potential patient, if the abortion is to be performed:
(i) on an unborn child who is less than 20 weeks gestational age at the time of the
abortion; or
(ii) on an unborn child who is at least 20 weeks gestational age at the time of the
abortion, if:
(A) the abortion is being performed for a reason described in Subsection
76-7-302 (2)(a) or (d); and
(B) due to a serious medical emergency, time does not permit compliance with the
requirement to provide the information described in Subsection (2)(a).
(3) (a) The materials described in Subsections (1) and (2) shall be
produced and printed in a way that conveys the state's preference for childbirth over abortion.
(b) The printed material described in Subsections (1) and (2) shall be
printed in a typeface large enough to be clearly legible.
(4) Except as provided in Subsection (2)(b), every facility in which
abortions are performed shall immediately provide the printed informed consent materials and
a viewing of or a copy of the informational video described in Subsections (1)
and (2) to any patient or potential patient prior to the performance of an abortion, unless the
patient's attending or referring physician certifies in writing that he reasonably believes that
provision of the materials or video to that patient would result in a severely adverse effect on
her physical or mental health.
(5) The Department of Health shall produce a standardized videotape that may be
used statewide, containing all of the information described in Subsection (1), in accordance
with the requirements of Subsections (1) and (3). In
preparing the video, the department may summarize and make reference to the printed
comprehensive list of geographically indexed names and services described in Subsection
(1)(a). The videotape shall, in addition to the information described in Subsection (1), show
an ultrasound of the heart beat of an unborn child at three weeks gestational age, at six to eight
weeks gestational age, and each month thereafter, until 14 weeks gestational age. That
information shall be presented in a truthful, nonmisleading manner designed to convey
accurate scientific information, the state's preference for childbirth over abortion, and the
positive aspects of adoption.
(6) The Department of Health and local health departments shall provide
ultrasounds in accordance with the provisions of Subsection 76-7-305 (2)(b), at no expense to
the pregnant woman.
(7) The Department of Health shall compile and report the following information
annually, preserving physician and patient anonymity:
(a) the total amount of informed consent material described in
Subsections (1) and (2) that was distributed;
(b) the number of women who obtained abortions in this state without receiving those
materials;
(c) the number of statements signed by attending physicians certifying to the
physicians' opinion regarding adverse effects on the patient under Subsection [(3)] (4); and
(d) any other information pertaining to protecting the informed consent of women
seeking abortions.Section 3. Section 76-7-308.5 is enacted to read: 76-7-308.5. Administration of anesthetic or analgesic to an unborn child. A physician who performs an abortion of an unborn child who is at least 20 weeks gestational age shall administer an anesthetic or analgesic to eliminate or alleviate organic pain to the unborn child that may be caused by the particular method of abortion to be employed, if the woman having the abortion consents to the administration of an anesthetic or analgesic to the unborn child, unless the physician is prevented from administering the anesthetic or analgesic by a medical emergency.
Section 4. Section 76-7-315 is amended to read:
76-7-315. Exceptions to certain requirements in serious medical emergencies.
When due to a serious medical emergency, time does not permit compliance with Section 76-7-302 , 76-7-305 , 76-7-305.5 , 76-7-308.5 , or 76-7-310.5 the provisions of those sections do not apply.Section 5. Coordinating H.B. 222 with H.B. 90 -- Substantive and technical amendments.
If this H.B. 222 and H.B. 90, Abortion Law Amendments, both pass, it is the intent of the Legislature that the Office of Legislative Research and General Counsel shall prepare the Utah Code database for publication by modifying:
(1) Subsection 76-7-305 (3)(b)(i) to read as follows:
"(i) the abortion is performed for a reason described in Subsection 76-7-302 (3)(b)(i); and"; and
(2) Subsection 76-7-305.5 (2)(b)(ii)(A) to read as follows:
"(A) the abortion is being performed for a reason described in Subsection 76-7-302 (3)(b)(i); and".
Faith and Freedom Speech
At the 2011 Faith and Freedom conference in Washington D.C. Governor Huntsman spoke at length about his pro-life stance and the laws passed while he was Governor of Utah.
Although you would not know it in this town, there is something more essential than politics, and that's life. Especially a child's life. I can't imagine how much poorer the world without Gracie and her younger sister Hasha who was adopted from India. Mary Kay and I give thanks to those two mothers, not just on mothers day, but every day of our lives. For valuing their daughter lives enough so that they could become our daughters.
As governor of Utah I supported and signed every pro-life bill that came to my desk. I signed the bill that made second trimester abortions illegal, and increased the penalty for doing so. I singed the bill to allow women to know about the pain that an abortion causes to an unborn child. I signed the bill requiring parental permission for an abortion. I signed a bill that would trigger a ban on abortions in Utah if Roe vs. Wade were overturned.
You see, I do not believe the Republican Party should focus only on our economic life to the neglect of our human life. That is a trade that we should not make.
Hugh Hewitt Show
In June of 2011, Governor Huntsman appeared on the Hugh Hewitt radio show. He was asked in sort of a lightning round scenario if he would support a right to life amendment and he said that he would.
Governor, let’s close with four quick issue sets to get you located on the political map. Do you support a right to life amendment?
I do support a right to life amendment
RedState Interview
In December of 2011, Governor Huntsman was interviewed by RedState.com and discussed abortion.
Q. One of the things that people may not know about you is that you are actually a very strong pro-lifer, is that correct?
A. That’s correct.
Q. Now you..
A. I have been pro-life my entire career – I have two little adopted girls. One from China, one from India, who remind me every day about the beauty of life. And, uh, these little girls come from a culture where, uh, they were both abandoned – one at birth and the other at two months of age, where their mothers could have chosen otherwise. But their mothers for whatever reason chose life. And I’ll never be able to thank the mothers; I’ll never meet them. Uh, but I think about them all the time and so does my wife. And they were a couple mothers, no doubt, in a hardship position and you know, poorest of poor, in these very [under]developed countries, um, and they chose life. And they gave us life. And we now live with the life that they left for this world and these two little girls are going to go on and change the world in their own way and that, for me, is once again an example of the power of life, and how central life is to our existence here. If you believe in life, liberty, and the pursuit of happiness, which is the philosophy which I tend to filter everything through when I make a decision as Governor, when I served as Governor, it’s a very powerful thing in our lives.
As Governor I also signed legislation that drove home that point. Uh, including banning second-trimester abortions, uh, including legislation on suffering of the fetus. Uh, including developing a trigger mechanism if Roe v. Wade ever were to be overturned.
Q. What I’d like to do, if I can, is go through, I guess kind of like a lightning round of questions. I think they can fairly be answered “yes” or “no,” on where you stand on various life issues, just to kind of introduce people to where you stand on a number of things. For instance, as President, would you sign an executive order reinstating the Mexico City Policy?
A. Uh, I would go right to where Ronald Reagan was, where we would not fund abortions anywhere in this world.
Q. Okay. Uh, you of course support the Hyde Amendment, is that correct, in keeping with that?
A. That’s correct.
Q. Would you support, either by legislation or executive order, a policy stating that all hospitals receiving medical funds must allow medical personnel who object to abortion on conscience grounds to opt out of that procedure?
A. Yes.
Q. Okay. Do you support efforts to eliminate federal funding for Planned Parenthood?
A. I do, but I have to be consistent with legislation in my own state, where there was some health aspects non-abortion health related aspects of Planned Parenthood that I supported.
Q. But would you agree, I guess though, that money is the ultimate fungible asset in the world – I mean, if you’re giving money to Planned Parenthood for other things, can’t that same money that they would otherwise from their budget there be diverted to the provision of abortion?
A. I would, I would agree with that.
Q. So notwithstanding that… well, let me just put the question in a different way. Would you veto any Federal budget that contained funding for Planned Parenthood?
A. Uh, yes I would.
Q. Okay. Even if that budget was satisfactory to you in other particulars, as far as the size of the budget and so on and so forth?
A. Say that one more time? You broke up a little.
Q. Sure, sure. Even if that budget was satisfactory to you in other particulars – in other words, it didn’t contain any..
A. Okay, yes. That’s right.
Q. One of the things that has frustrated pro-lifers for a long time is that Democrat nominees for President have long been able to publicly promise that they will nominate any Supreme Court judge (sic) that would not uphold Roe v. Wade, whereas Republican nominees have I guess kind of spoken in terms of code, like, “I would nominate judges like Roberts, Scalia, or Alito,” or worse, “I would have no litmus test in terms of the judges I would support.” Can you say that you would only nominate Supreme Court judges – justices – who would vote to overturn Roe v. Wade?
A. Uh, when I interviewed for judgeships when I was Governor I did not impose a litmus test.
Q. Okay. Would you continue that policy as President?
A. Uh, I would continue that. I would seek out pro-life candidates first and foremost, but I would not, you pretty much know who those people would be, but I would not expressly impose a litmus test.
References
[1] Website: Salt Lake Tribune Article: Abortion: Girls must get parent OK Author: GLEN WARCHOL AND DAN HARRIE Accessed on: 08/17/2011