Abortion: Conscience Clause for Physicians and Hospital Workers

by Tim Anderson

In Utah, an abortion may be performed under certain circumstances, where the attending physician determines it is necessary to save the woman’s life, to prevent grave damage to the pregnant woman’s life, to, or to prevent the birth of a child that would be born with grave defect or the pregnancy is a result of rape or incest that was timely reported to law enforcement.

Nevertheless, because there may be strong moral aversion to abortion by some, neither a physician, a person associated with a hospital, nor an employee of the hospital may be required to directly or indirectly participate in an abortion, nor can they be punished or discriminated against for not performing or participating in an abortion. Employers should consult their legal counsel before taking any adverse employment action against an employee for what may be construed to be refusal to perform an abortion.

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