Utah ‘Dismemberment Abortion’ Ban (HB 442)
This law was last updated on Jun 29, 2016
HB 442 would prohibit a physician from performing a “dismemberment abortion” unless it was performed in a medical emergency.
The bill defines “dismemberment abortion” as an abortion in which the physician deliberately and intentionally dismembers a “living unborn child” and extracts the “unborn child” one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grab a portion of the “unborn child’s” body in order to cut or rip the portion off.
A procedure in which a physician uses suction to dismember the body of the “unborn child” by sucking fetal parts into a collection container would be included.
“Dismemberment abortion” would also include the following procedures:
- dilation and evacuation;
- suction and curettage; or
- suction aspiration.
This bill prohibits “dismemberment abortion” whether the abortion is performed before or after the “unborn child” has attained viability.
A physician that violates this provision would be guilty of a felony of the third degree.
This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)