Preterm Birth Amendments

10
26B-2-244
58-88-301
58-88-302
0
Preterm Birth Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: Daniel McCay
LONG TITLE
General Description:
This bill addresses preterm birth policies.
Highlighted Provisions:
This bill:
requires facilities that provide birthing services to:
develop and publish policies regarding preterm birth;
inform parents about the facility's capability to provide lifesaving care for a premature
infant; and
report to the Department of Health and Human Services regarding preterm births;
requires a provider to consult with a neonatologist in certain circumstances relating to risk
of preterm delivery;
prohibits the denial of lifesaving care to an infant based solely on the gestational age of
the infant;
requires the Department of Health and Human Services to produce an annual report
regarding preterm birth in the state;
requires prenatal health care providers to discuss certain things with a pregnant patient
before approximately 20 weeks gestation;
addresses the rights of a patient during preterm birth; and
defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26B-2-244
, Utah Code Annotated 1953
58-88-301
, Utah Code Annotated 1953
58-88-302
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-2-244
is enacted to read:
26B-2-244
. Preterm birth at a health care facility.
(1)
(a)
As used in this section, "preterm birth" means a birth that occurs before 36 weeks
of gestation.
(b)
"Preterm birth" includes:
(i)
"extremely preterm birth" or "periviable birth" which mean a birth that occurs
before 25 weeks;
(ii)
"late preterm birth" which means a birth that occurs between 34 and 36 weeks;
(iii)
"moderately preterm birth" which means a birth that occurs between 32 and 34
weeks; and
(iv)
"very preterm birth" which means a birth that occurs between 25 and 32 weeks.
(2)
A health care facility that provides birthing services shall develop policies regarding
preterm birth, including:
(a)
types of lifesaving care that the facility is able and willing to provide for each type of
preterm birth; and
(b)
transferring a patient to a different health care facility that can provide treatment at a
lower gestational age.
(3)
A health care facility that provides birthing services shall publish the policies described
in Subsection
(2)
in a conspicuous place on the health care facility's website.
(4)
A health care facility that provides birthing services may not deny an infant lifesaving
care based solely on the gestational age of the infant at birth.
(5)
A health care facility shall, as soon as reasonably possible, inform an individual at risk
for preterm birth of the health care facility's:
(a)
current capacity to treat each type of preterm birth;
(b)
plan to transport the individual if appropriate; and
(c)
policies described in Subsection
(2)
.
(6)
A parent that is experiencing or expected to imminently experience preterm birth has a
right to:
(a)
be informed in a timely manner of the health care facility's capabilities to provide
lifesaving care for a preterm infant;
(b)
request a transfer to a different health care facility that cares for infants at younger
gestational ages;
(c)
consult with a maternal fetal medicine provider and a neonatologist regarding
treatment options; and
(d)
shared decision making with providers described in Subsection
(6)(c)
.
(7)
An attending provider at a health care facility that provides birthing services shall
consult with a neonatologist if:
(a)
the provider determines that a consultation is medically appropriate; or
(b)
a parent that is experiencing or expected to imminently experience preterm birth
requests the consultation.
(8)
A health care facility that provides birthing services shall report data annually to the
department including:
(a)
the number of neonatal patients treated;
(b)
the frequency of transfers for a higher level of medical care;
(c)
the number and types of neonatal interventions performed; and
(d)
survival rates and gestational age for each extremely preterm birth.
(9)
The department shall publish an annual statewide neonatal outcome report including:
(a)
aggregated statewide survival trends; and
(b)
comparisons across levels of neonatal intensive care units.
Section 2. Section
58-88-301
is enacted to read:
3. Prenatal, Birthing, and Postpartum Health Professions
58-88-301
. Definitions.
As used in this part, "prenatal health care provider" means a person that provides health
care to a pregnant individual prior to the birth of a child and:
(1)
is licensed under:
(a)
Chapter 31b, Nurse Practice Act;
(b)
Chapter 44a, Nurse Midwife Practice Act;
(c)
Chapter 67, Utah Medical Practice Act;
(d)
Chapter 68, Utah Osteopathic Medical Practice Act;
(e)
Chapter 70a, Utah Physician Assistant Act;
(f)
Chapter 71, Naturopathic Physician Practice Act;
(g)
Chapter 77, Direct-Entry Midwife Act; or
(h)
Chapter 81, Retired Volunteer Health Care Practitioner Act; or
(2)
is an unlicensed direct-entry midwife as defined in Section
58-77-102
.
Section 3. Section
58-88-302
is enacted to read:
58-88-302
. Prenatal care.
(1)
No later than approximately 20 weeks of gestation, a prenatal health care provider shall
discuss the following with a pregnant individual:
(a)
the signs and risks of preterm labor;
(b)
the difference in treatment capabilities and outcomes for different levels of neonatal
intensive care units in the area;
(c)
a plan for where the pregnant individual should go for medical care if the individual
may be experiencing specific problems with the individual's pregnancy:
(i)
before 25 weeks gestation;
(ii)
between 25 and 31 weeks gestation;
(iii)
between 32 and 36 weeks gestation; and
(iv)
at more than 36 weeks gestation;
(d)
the ability for the prenatal health care provider and pregnant individual to consult
with a neonatologist prior to labor or birth; and
(e)
the patient's rights described in Subsection
26B-2-244(6)
.
(2)
If an individual is anticipated to have an expected preterm birth, the individual's prenatal
health care provider shall recommend that the individual receive a neonatology
consultation prior to birth.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-2-26 11:45 AM