§ 41-41-101. Short title
Sections 41-41-101 through 41-41-117 may be known and cited as the “Women’s Health Defense Act of 2013.”
§ 41-41-103. Legislative findings; purpose
The Legislature finds that: The use of abortion-inducing drugs presents significant medical risks to women, including, but not limited to, abdominal pain, cramping, vomiting, headache, fatigue, uterine hemorrhage, viral infections, pelvic inflammatory disease, severe bacterial infection and death. Abortion-inducing drugs are associated with an increased risk of complications relative to surgical abortion. The risk of […]
§ 41-41-105. Definitions
As used in Sections 41-41-101 through 41-41-117, the following terms shall have the meanings ascribed in this section unless the context indicates otherwise: “Abortion-inducing drug” means a medicine, drug or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman to cause the death of the unborn […]
§ 41-41-107. Providing or prescribing abortion-inducing drug prohibited unless provided or prescribed by physician; requirements for physicians
It shall be unlawful to knowingly give, sell, dispense, administer or otherwise provide or prescribe any abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion in that pregnant woman, or enabling another person to induce an abortion in a pregnant woman, unless the person who gives, sells, dispenses, administers or otherwise […]
§ 41-41-109. Physician report of provision of abortion-inducing drug; report of adverse event
If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in Section 41-41-107: The physician shall report that action to the department; and If the physician knows that the woman who uses the abortion-inducing drug for the purpose of inducing an abortion experiences, during or after the […]
§ 41-41-111. Penalties for violation
A person who intentionally, knowingly or recklessly violates any provision of Sections 41-41-101 through 41-41-117 is guilty of a misdemeanor. No criminal penalty may be assessed against the pregnant woman upon whom the drug-induced abortion is performed.
§ 41-41-113. Remedies; availability; no liability against pregnant women
All remedies under the statutory laws of this state are available if there is failure to comply with the requirements of Sections 41-41-101 through 41-41-117. No civil liability may be assessed against the pregnant woman upon whom the drug-induced abortion is performed. In any legal action for failure to comply with the requirements of Sections […]
§ 41-41-115. Limitations of Sections 41-41-101 through 41-41-117
Nothing in Sections 41-41-101 through 41-41-117 shall be construed as creating or recognizing a right to abortion. It is not the intention of Sections 41-41-101 through 41-41-117 to make lawful an abortion that is currently unlawful.
§ 41-41-117. Severability
Any provision of Sections 41-41-101 through 41-41-117 that is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless the holding is one of utter invalidity or unenforceability, in which event the provision […]