76-7-305.6 - Abortion facilities required to provide printed materials and informational video -- Department of Health to make printed materials and informational video available. - Utah Statutes

76-7-305.6. Abortion facilities required to provide printed materials andinformational video -- Department of Health to make printed materials and informationalvideo available.
(1) Except as provided in Subsection 76-7-305.5(7), every facility in which abortions areperformed shall provide the printed materials and a viewing or a copy of the video described inSection 76-7-305.5 to each patient or potential patient at least 24 hours before the abortion isperformed, unless:
(a) the physician can demonstrate by a preponderance of the evidence that the physicianreasonably believed that furnishing the information would have resulted in a severely adverseeffect on the physical or mental health of the pregnant woman;
(b) in the physician's professional judgment, the abortion was 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 ofthe woman on whom the abortion is performed;
(c) the pregnancy was the result of rape or rape of a child, as defined in Sections76-5-402 and 76-5-402.1;
(d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(10) andSection 76-7-102; or
(e) at the time of the abortion, the pregnant woman was 14 years of age or younger.
(2) The Department of Health and each local health department shall make the printedmaterials and the video described in Section 76-7-305.5 available at no cost to any person.
(3) The Department of Health shall make the printed materials and the video described inSection 76-7-305.5 available for viewing on the Department of Health's website by clicking on aconspicuous link on the home page of the website.
(4) If the printed materials or a viewing of the video are not provided to a pregnantwoman under Subsection (1), the physician who performs the abortion on the woman shall,within 10 days after the day on which the abortion is performed, provide to the Department ofHealth an affidavit that:
(a) specifies the information that was not provided to the woman; and
(b) states the reason that the information was not provided to the woman.

Enacted by Chapter 314, 2010 General Session