Title 50, Title 50

The department shall create and distribute the forms required by this part within 60 days after October 1, 2021.

(1) A person who purposely or knowingly or negligently violates any provision of this part is guilty of a felony and upon conviction shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 20 years, or both. As used in this section…

(1) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part: (a) provides a basis for a civil malpractice action for actual and punitive damages; (b) provides a basis for professional disciplinary action under…

This part may not be construed to: (1) create or recognize a right to abortion; (2) make lawful an abortion that is otherwise unlawful; or (3) repeal, replace, or otherwise invalidate existing federal laws, regulations, or policies.

The legislature, by joint resolution, may appoint one or more of its members, who sponsored or cosponsored this part in the member's official capacity, to intervene as a matter of right in any case in which the constitutionality of this part is challenged.

This part may be cited as the "Infant Safety and Care Act".

The legislature finds, with respect to this part, that: (1) there is a compelling interest in protecting the life of an infant born alive following an attempted abortion; (2) an infant born alive following an attempted abortion is a legal person for all purposes under the laws of…

As used in this part, the following definitions apply: (1) "Abortion clinic" means a health care provider that performs any abortion procedure or provides an abortion-inducing drug. (2) (a) "Abortion-inducing drug" means a medicine, drug, or any other substance provided, prescrib…

(1) A health care provider present at the time an infant is born alive following an abortion or an attempted abortion shall: (a) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the infant as a reasonably diligent and conscien…

(1) A health care provider who purposely or knowingly violates 50-20-804 commits a felony offense and, on conviction, shall be subject to a fine not to exceed $1,000, imprisonment in the state prison for a term not to exceed 5 years, or both. (2) A licensed health care provider w…

A health care provider, medical facility, abortion clinic, or employee or volunteer of a medical facility or abortion clinic with knowledge of a violation of this part shall immediately report the violation to the department of justice.

The legislature, by joint resolution, may appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality or enforceability of this part is challenged.

This part does not prohibit the application of the laws of this state protecting children to infants born alive during an attempted abortion.

(1) A medical facility in which an infant is born alive subsequent to an abortion or attempted abortion performed on the mother of the infant shall submit by February 28 of each year an annual report to the department on the number of infants born alive during the previous calend…

As used in this part, the following definitions apply: (1) (a) "Abortion clinic" means a facility that: (i) performs surgical abortion procedures; or (ii) provides an abortion-inducing drug. (b) The term does not include: (i) a hospital as defined in 50-5-101; (ii) a critical acc…

(1) A person may not operate or advertise the operation of an abortion clinic unless the person is licensed by the department. (2) An applicant for licensure as an abortion clinic shall apply on a form prescribed by the department containing information requested by the departmen…

(1) In accordance with Title 50, chapter 5, the department shall license and regulate abortion clinics as provided in this part and shall enforce the provisions of this part. (2) The department shall adopt administrative rules for the licensure and operation of abortion clinics, …

In accordance with Title 50, chapter 5, the department shall inspect an abortion clinic at least once each calendar year. If the department receives a complaint involving an abortion clinic, the department may conduct additional investigations as needed.