(1) In order for the state Department of Health to maintain necessary statistical information and ensure enforcement of the provisions of this part, any physician performing an abortion must obtain and record in writing:
(a) the age, marital status, and county of residence of the woman on whom the abortion was performed;
(b) the number of previous abortions performed on the woman described in Subsection (1)(a);
(c) the hospital or other facility where the abortion was performed;
(d) the weight in grams of the unborn child aborted, if it is possible to ascertain;
(e) the pathological description of the unborn child;
(f) the given menstrual age of the unborn child;
(g) the measurements of the unborn child, if possible to ascertain; and
(h) the medical procedure used to abort the unborn child.
(2) Each physician who performs an abortion shall provide the following to the Department of Health within 30 days after the day on which the abortion is performed:
(a) the information described in Subsection (1);
(b) a copy of the pathologist's report described in Section 76-7-309;
(c) an affidavit:
(i) that the required consent was obtained pursuant to Sections 76-7-305, 76-7-305.5, and 76-7-305.6; and
(ii) described in Subsection 76-7-305.6(4), if applicable; and
(d) a certificate indicating:
(i) whether the unborn child was or was not viable, as defined in Subsection 76-7-302(1), at the time of the abortion; and
(ii) if the unborn child was viable, as defined in Subsection 76-7-302(1), at the time of the abortion, the reason for the abortion.
(3) All information supplied to the Department of Health shall be confidential and privileged pursuant to Title 26, Chapter 25, Confidential Information Release.
Amended by Chapter 314, 2010 General Session 2010