A 30-day public comment period on the rule expired Monday. After reviewing written comments and statements at a hearing last month, Health Department Director Scott Williams Tuesday asked attorneys to rework a definition of "public funds."

Drafted in response to a new state statute that blocks direct or indirect public funding of abortions, the rule establishes an accounting method for hospitals to prove that only "nonpublic" funds paid for early delivery of a fatally deformed fetus. The rule excludes clinical revenue, gifts, investment income or federal funds from the definition of public funds. Health Department attorneys will rewrite that definition, leaving out references to investment income and federal funds and reworking the definition of "gifts."

Williams says the editing will do little to change the intent of the rule. Utah hospitals and doctors still will be able to use clinical revenue, private investment funds, federal money and bequests to pay for early terminations when insurance will not reimburse for the procedure or the patient cannot pay.

The words "didn't need to be there," Williams said. "We don't feel like it adds value to the definition to put it there. It just creates confusion and anxiety."

The law allows doctors to terminate pregnancies only in cases of rape, incest or damage to a "major bodily function" of the mother. Doctors and hospitals afraid of losing reimbursement for Medicaid and Children's Health Insurance Program patients changed their policies when the law went into effect May 3, sending pregnant women to three Salt Lake City women's clinics for abortions. Later that month, a Roy family whose unborn baby's organs were developing outside its body was turned away by nervous doctors at McKay-Dee Hospital.

At a July 19 public hearing, speakers wondered if doctors could classify early terminations as "gifts" to get around the law. And others argued that federal funds come from taxpayers, so hospitals should not be able to use that money for the procedures.

By simplifying the definition of public funds, Williams expects to clear up the misunderstanding.

"We got good input on both sides that will allow the rule to be clearer than it was when we started," he said.

The changes will be filed Aug. 16 and published Sept. 1, when another 30-day public comment period will begin. The amended rule could take effect Oct. 2. Until then, a 90-day, emergency rule issued June 9 is in place to allow hospitals and doctors to treat women pregnant with fetuses with fatal deformities.

"If a woman comes in with fatal fetal defects, we will offer her the care she needs," said Kim Wirthlin, University of Utah associate vice president for health sciences. When the rule takes effect, "nothing changes."

Meantime, the bill's sponsor, Sen. Curt Bramble, R-Provo, has asked state attorneys to draft amendments to the law to allow exceptions for fatal fetal defects, refine exceptions for the mother's health and provide for indigent mothers. Lawmakers could debate those changes during a special legislative session, during interim meetings or when the 2005 Legislature opens in January.

"I don't want to see another family [sent to an abortion clinic]," Bramble said. "My preference would be to have a full public hearing. But if another situation came up, that would be a reason to do it in a special session.."