Utah Code
Utah Code § 76-7-306 (2026)
Refusal to participate, admit, or treat for abortion based on religious or moral grounds -- Cause of action
✓ laws through the 2026 General Session (checked Sept. 2026)
Find cases:
SyfertCases citing this section
UT-LEGle.utah.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
As used in this section:
"Conscience" means the same as that term is defined in Section 63G-33-301.
"Health care facility" means the same as that term is defined in Section 26B-2-201.
"Health care provider" means an individual who is an employee of, has practice privileges at, or is otherwise associated with a health care facility.
A health care provider may, on the grounds of religious belief or conscience, refuse to perform or participate in any way, in:
an abortion;
a procedure that is intended to, or likely to, result in the termination of a pregnancy; or
the disposal of remains resulting from an abortion or a procedure described in Subsection (2)(b).
Except as otherwise required by law, a health care facility may refuse, on the grounds of religious belief or conscience, to:
admit a patient for an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy; or
perform for a patient an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy.
A health care provider's refusal under Subsection (2) or a health care facility's refusal under Subsection (3) may not be the basis for civil liability or other recriminatory action.
A health care facility, employer, or other person may not take an adverse action against a health care provider for exercising the health care provider's right of refusal described in Subsection (2), or for bringing or threatening to bring an action described in Subsection (6), including:
dismissal;
demotion;
suspension;
discipline;
discrimination;
harassment;
retaliation;
adverse change in status;
termination of, adverse alteration of, or refusal to renew an association or agreement; or
refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status that the health care provider would have otherwise received.
A person who is adversely impacted by conduct prohibited in Subsection (5) may bring a civil action for equitable relief, including reinstatement, and for damages.
A person who brings an action under this section must commence the action within three years after the day on which the cause of action arises.
Amended by Chapter 429, 2026 General Session
Notes of Decisions
Cited in 2
cases, 1973–2011 · leading case: Doe v. Rampton, 366 F. Supp. 189 (D. Utah 1973).
Doe v. Rampton, 366 F. Supp. 189 (D. Utah 1973). “Section 76-7-306 is invalid because it is broad enough to make an abortion impossible to obtain or to perform in any trimester of pregnancy surely the state may not, as Utah attempts to do in Section 76-7-302, provide that every woman who desires an abortion in Utah must seek…”
State v. J.M.S., 2011 UT 75, 280 P.3d 410. “§ 76-7-306(1) (2008). The *415 adjective "medical" adds no substance to this provision because the section's reference to "physician[s]" and other members of a hospital necessarily limits the term "procedure" to the medical field.”
Utah Code § 76-7-306(1): 1 case
State v. J.M.S., 2011 UT 75, 280 P.3d 410. “§ 76-7-306(1) (2008). The *415 adjective "medical" adds no substance to this provision because the section's reference to "physician[s]" and other members of a hospital necessarily limits the term "procedure" to the medical field.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.