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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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26-23B-5
Section 26-23B-5 Abortion prohibited where postfertilization age of unborn child at
least 20 weeks; exception. (a) No person shall perform or induce or attempt to perform or
induce an abortion upon a woman when it has been determined, by the physician performing
or inducing or attempting to perform or induce the abortion or by another physician
upon whose determination that physician relies, that the probable postfertilization age of
the unborn child of the woman is 20 or more weeks unless, in reasonable medical judgment,
the woman has a condition which so complicates her medical condition as to necessitate the
abortion of her pregnancy to avert her death or to avert serious risk of substantial
and irreversible physical impairment of a major bodily function, not including psychological
or emotional conditions. No such condition shall be deemed to exist if it is based on a claim
or diagnosis that the woman will engage in conduct which she intends to result in her death
or in substantial...
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26-22-3
Section 26-22-3 Prohibition, exceptions, and regulations. (a) Prohibition. Except as provided
in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce
an abortion when the unborn child is viable. (b) Exceptions. (1) It shall not be a
violation of subsection (a) if an abortion is performed by a physician and that physician
reasonably believes that it is necessary to prevent either the death of the pregnant woman
or the substantial and irreversible impairment of a major bodily function of the woman. No
abortion shall be deemed authorized under this paragraph if performed on the basis
of a claim or a diagnosis that the woman will engage in conduct which would result in her
death or in substantial and irreversible impairment of a major bodily function. (2) It shall
not be a violation of subsection (a) if the abortion is performed by a physician and
that physician reasonably believes, after making a determination of the viability of the unborn
child in...
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26-23E-3
Section 26-23E-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ABORTION. The use or prescription of any instrument, medicine, drug,
or any other substance or device with the intent to terminate the pregnancy of a woman known
to be pregnant with knowledge that the termination by those means will with reasonable likelihood
cause the death of the unborn child. Such use or prescription is not an abortion if
done with the intent to save the life or preserve the health of an unborn child, remove a
dead unborn child, or to deliver the unborn child prematurely in order to preserve the health
of both the mother (pregnant woman) and her unborn child. The term abortion as used
in this chapter, does not include a procedure or act to terminate the pregnancy of a woman
with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy
of a woman when the unborn child has a lethal anomaly. For the purposes of this chapter,...
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26-23G-5
Section 26-23G-5 Civil damages. (a) A cause of action for civil damages against an individual
who has performed a dismemberment abortion in violation of Section 26-23G-3 may be
maintained by any of the following: (1) Any woman upon whom a dismemberment abortion
has been performed in violation of Section 26-23G-3. (2) The father of the unborn child, if
married to the woman at the time the dismemberment abortion was performed. (3) If the
woman had not attained the age of 18 years at the time of the dismemberment abortion
or has died as a result of the abortion, the maternal grandparents of the unborn child.
(b) No damages may be awarded a plaintiff if the pregnancy resulted from criminal conduct
of the plaintiff. (c) Damages awarded in such an action shall include all of the following:
(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment
abortion. (2) Statutory damages equal to three times the cost of the dismemberment
abortion. (Act 2016-397,...
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26-23G-2
Section 26-23G-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABORTION. The same as defined in Section 26-21-2. (2) ATTEMPT
TO PERFORM AN ABORTION. a. To do or omit to do anything that, under the circumstances
as the actor believes them to be, is an act or omission constituting a substantial step in
a course of conduct planned to culminate in the actor performing an abortion. Such
substantial steps include, but are not limited to, any of the following: 1. Agreeing with
an individual to perform an abortion on that individual or on some other individual,
whether or not the term abortion is used in the agreement, and whether or not the agreement
is contingent on another factor, such as receipt of payment or a determination of pregnancy.
2. Scheduling or planning a time to perform an abortion on an individual, whether or
not the term abortion is used, and whether or not the performance is contingent on
another factor, such as...
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26-23B-4
Section 26-23B-4 Determination of postfertilization age of unborn child. (a) Except in the
case of a medical emergency, no abortion shall be performed or induced or be attempted
to be performed or induced unless the physician performing or inducing the abortion
has first made a determination of the probable postfertilization age of the unborn child or
relied upon such a determination made by another physician. In making such a determination,
the physician shall make such inquiries of the woman and perform or cause to be performed
such medical examinations and tests as a reasonably prudent physician, knowledgeable about
the case and the medical conditions involved, would consider necessary to perform in making
an accurate diagnosis with respect to postfertilization age. (b) Failure by any physician
to conform to any requirement of this section constitutes unprofessional conduct. (Act 2011-672,
p. 1784, §4.)...
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26-23E-13
Section 26-23E-13 Civil action for damages. Any person who can demonstrate personal injury,
including physical injury, emotional distress, or mental anguish, where such injury has resulted
from the failure of an abortion or reproductive health center to conform to the requirements
of this chapter, may maintain a civil action for damages against the abortion or reproductive
health center and against the administrator of the facility. (Act 2013-79, p. 165, §13.)...
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26-23F-3
Section 26-23F-3 Definitions. For the purpose of this chapter, the following words and phrases
shall have the following meanings: (1) ABORTION. The use or prescription of any instrument,
medicine, drug, or any other substance or device with the intent to terminate the pregnancy
of a woman known to be pregnant with knowledge that the termination by those means will with
reasonable likelihood cause the death of the unborn child. Such use or prescription is not
an abortion if done with the intent to save the life or preserve the health of an unborn
child, remove a dead unborn child, or to deliver the unborn child prematurely in order to
preserve the health of both the mother (pregnant woman) and her unborn child. The term "abortion"
as used in this chapter, does not include a procedure or act to terminate the pregnancy of
a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the
pregnancy of a woman when the unborn child has a lethal anomaly. (2) BODILY...
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8-20A-3
Section 8-20A-3 Cause of action against manufacturer. (a) A consumer sustaining damages as
a proximate consequence of the failure by a manufacturer to perform its obligations imposed
under this chapter may bring a civil action against the manufacturer to enforce the provisions
of this chapter. Prior to the commencement of any such proceeding a consumer must give notice
of a nonconforming condition by certified United States mail to the manufacturer and demand
correction or repair of the nonconforming condition. If at the time such notice of a nonconforming
condition is given to the manufacturer, a presumption has arisen that reasonable attempts
to correct a nonconforming condition have been allowed, the manufacturer shall be given a
final opportunity to cure the nonconforming condition. The manufacturer shall within seven
calendar days of receiving the written notice of nonconforming condition notify the consumer
of a reasonably accessible repair facility. After delivery of the new...
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