1. (1) In order for the department to maintain necessary statistical information and ensure enforcement of the provisions of this part:

   1. (a) any physician performing an abortion must obtain and record in writing:

      1. (i) the age, marital status, and county of residence of the woman on whom the abortion was performed;
      2. (ii) the number of previous abortions performed on the woman described in Subsection (1)(a)(i);
      3. (iii) the hospital or other facility where the abortion was performed;
      4. (iv) the weight in grams of the unborn child aborted, if it is possible to ascertain;
      5. (v) the pathological description of the unborn child;
      6. (vi) the given gestational age of the unborn child;
      7. (vii) the date the abortion was performed;
      8. (viii) the measurements of the unborn child, if possible to ascertain;
      9. (ix) if applicable, the information obtained under Subsection 76-7-302(5) or 76-7a-201(7); and
      10. (x) the medical procedure used to abort the unborn child; and
   2. (b) the department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

2. (2) Each physician who performs an abortion shall provide the following to the department within 30 days after the day on which the abortion is performed:

   1. (a) the information described in Subsection (1);
   2. (b) a copy of the pathologist's report described in Section 76-7-309;

   3. (c) an affidavit:

      1. (i) indicating whether the required consent was obtained pursuant to Sections 76-7-305 and 76-7-305.5;
      2. (ii) described in Subsection (3), if applicable; and
      3. (iii) indicating whether at the time the physician performed the abortion, the physician had any knowledge that the pregnant woman sought the abortion solely because the unborn child had or may have had Down syndrome; and

   4. (d) a certificate indicating:

      1. (i) whether the unborn child was older or younger than 18 weeks gestational age at the time of the abortion; and
      2. (ii) the reason for the abortion.

3. (3) If the information module or the address to the website is not provided to a pregnant woman, 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 an affidavit that:

   1. (a) specifies the information that was not provided to the woman; and
   2. (b) states the reason that the information was not provided to the woman.
4. (4) All information supplied to the department shall be confidential and privileged pursuant to Section 26B-1-229.
5. (5) The department shall pursue all administrative and legal remedies when the department determines that a physician or a facility has not complied with the provisions of this part.

6. (6)

   1. (a) The department shall receive, compile, and create a report outlining the data provided under Subsection (1)(a)(ix).
   2. (b) Annually on or before November 30, the department shall provide the report described in Subsection (6)(a) to the Health and Human Services Interim Committee.

Amended by Chapter 158, 2023 General Session