Section definitions – Posting of sign about chemical abortion – Required warning about chemical abortion – Required statement in medical discharge instructions – Required information prior to abortion due to medical emergen…

(a) Notwithstanding any provision of law to the contrary, for purposes of this section: (1) “Abortion” means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally: (A) Kill the unborn child of a woman known to be pregnant; or (B) Terminate the pregnancy of a woman known to be pregnant, with an intention other than: (i) After viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) To remove a dead unborn child; (2) “Chemical abortion” means the use or prescription of an abortion-inducing drug dispensed with intent to cause the death of the unborn child; (3) “Medical emergency” means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition is a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the death or in substantial and irreversible physical impairment of a major bodily function of the woman; and (4) “Stable internet website” means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health. (b) This section applies to a private office, ambulatory surgical treatment center, as defined in § 68-11-201, or other facility, as defined in § 68-11-201, or clinic, if more than fifty (50) elective abortions were provided in the private office, ambulatory surgical treatment center, facility, or clinic, other than abortions necessary to prevent the death of the pregnant woman, during the previous calendar year. Each private office, ambulatory surgical treatment center, facility, or clinic shall conspicuously post a sign in a location described in subsection (d) in a manner clearly visible to patients, which reads as follows: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately. (c) The sign required pursuant to subsection (b) must be printed with lettering that is legible and at least three-quarters of an inch (0.75″) boldfaced type. (d) A private office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility that is not a private office or ambulatory surgical treatment center shall post the required sign in each patient admission area used by patients on whom abortions are performed. (e) Except in the case of a medical emergency, a chemical abortion involving the two-drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced unless the woman is informed by the physician who is to perform the abortion at least forty-eight (48) hours before the abortion, that: (1) It may be possible to reverse the intended effects of a chemical abortion utilizing mifepristone if the woman changes her mind, but that time is of the essence; and (2) Information on and assistance with reversing the effects of a chemical abortion utilizing mifepristone is available on the department of health website. (f) After the first drug involved in the two-drug process is dispensed in a chemical abortion utilizing mifepristone, the physician or an agent of the physician shall provide written medical discharge instructions to the pregnant woman, which must include the following statement: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately. (g) When a 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 professional medical judgment that an abortion is necessary to prevent the woman’s death or that a delay of forty-eight (48) hours will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (h) Within ninety (90) days after October 1, 2020, the department of health shall publish, in English and in each language that is the primary language of two percent (2%) or mor