PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of bills on this web site correspond to the page and line numbering of the official printed version of the bills.

 ------------------------
       Senate Engrossed
 ------------------------
  State of Arizona
  Senate
  Forty-sixth
  Legislature
  Second Regular Session
  2004
 ------------------------
    SENATE BILL 1077
 ------------------------
 

AN ACT

AMENDING TITLE 36, CHAPTER 20, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-2153; RELATING TO ABORTION.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 36, chapter 20, article 1, Arizona Revised Statutes, is amended by adding section 36-2153, to read:

36-2153. Informed consent; requirements; information; exception; violation; definitions

A. AN ABORTION SHALL NOT BE PERFORMED OR INDUCED WITHOUT THE VOLUNTARY AND INFORMED CONSENT OF THE WOMAN ON WHOM THE ABORTION IS TO BE PERFORMED OR INDUCED. EXCEPT IN THE CASE OF A MEDICAL EMERGENCY, CONSENT TO AN ABORTION IS VOLUNTARY AND INFORMED ONLY IF ALL OF THE FOLLOWING ARE TRUE:

1. AT LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION, THE PHYSICIAN WHO IS TO PERFORM THE ABORTION OR THE REFERRING PHYSICIAN HAS ORALLY INFORMED THE WOMAN OF:

(a) THE NATURE OF THE PROPOSED PROCEDURE OR TREATMENT AND OF THOSE RISKS AND ALTERNATIVES TO THE PROCEDURE OR TREATMENT THAT A REASONABLE PATIENT WOULD CONSIDER MATERIAL TO THE DECISION OF WHETHER OR NOT TO UNDERGO THE ABORTION.

(b) THE PROBABLE GESTATIONAL AGE OF THE UNBORN CHILD AT THE TIME THE ABORTION IS TO BE PERFORMED.

(c) THE MEDICAL RISKS ASSOCIATED WITH CARRYING THE CHILD TO TERM.

2. THE WOMAN CERTIFIES IN WRITING BEFORE THE ABORTION THAT THE INFORMATION REQUIRED TO BE PROVIDED PURSUANT TO PARAGRAPH 1 OF THIS SUBSECTION HAS BEEN PROVIDED.

B. IF A MEDICAL EMERGENCY COMPELS THE PERFORMANCE OF AN ABORTION, THE PHYSICIAN SHALL INFORM THE WOMAN, BEFORE THE ABORTION IF POSSIBLE, OF THE MEDICAL INDICATIONS SUPPORTING THE PHYSICIAN'S JUDGMENT THAT AN ABORTION IS NECESSARY TO AVERT THE WOMAN'S DEATH OR TO AVERT SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION.

C. A PHYSICIAN WHO VIOLATES THIS SECTION COMMITS AN ACT OF UNPROFESSIONAL CONDUCT AND IS SUBJECT TO LICENSE SUSPENSION OR REVOCATION PURSUANT TO TITLE 32, CHAPTER 13 OR 17. IF THE VIOLATION IS THE FIRST BY THE PHYSICIAN, A SANCTION THAT IS LESS THAN SUSPENSION OR REVOCATION SHALL BE IMPOSED.

D. A PHYSICIAN WHO COMPLIES WITH THIS SECTION IS IMMUNE FROM CIVIL LIABILITY FOR FAILURE TO OBTAIN VOLUNTARY AND INFORMED CONSENT OF THE WOMAN ON WHOM AN ABORTION IS PERFORMED.

E. FOR THE PURPOSES OF THIS SECTION:

1. "ABORTION" MEANS THE USE OF ANY MEANS TO TERMINATE THE CLINICALLY DIAGNOSABLE PREGNANCY OF A WOMAN WITH KNOWLEDGE THAT THE TERMINATION BY THOSE MEANS WILL CAUSE, WITH REASONABLE LIKELIHOOD, THE DEATH OF THE UNBORN CHILD. ABORTION DOES NOT MEAN THE USE OF AN INTRAUTERINE DEVICE OR BIRTH CONTROL PILL TO INHIBIT OR PREVENT OVULATION, FERTILIZATION OR THE IMPLANTATION OF A FERTILIZED OVUM WITHIN THE UTERUS.

2. "FERTILIZATION" MEANS THE FUSION OF A HUMAN SPERMATOZOON WITH A HUMAN OVUM.

3. "GESTATIONAL AGE" MEANS THE AGE OF THE UNBORN CHILD AS CALCULATED FROM THE FIRST DAY OF THE LAST MENSTRUAL PERIOD OF THE PREGNANT WOMAN.

4. "MEDICAL EMERGENCY" MEANS A CONDITION THAT, ON THE BASIS OF THE PHYSICIAN'S GOOD FAITH CLINICAL JUDGMENT, SO COMPLICATES THE MEDICAL CONDITION OF A PREGNANT WOMAN AS TO NECESSITATE THE IMMEDIATE ABORTION OF HER PREGNANCY TO AVERT HER DEATH OR FOR WHICH A DELAY WILL CREATE SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION.

5. "PHYSICIAN" MEANS A PERSON WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17.

6. "PREGNANT" OR "PREGNANCY" MEANS A FEMALE REPRODUCTIVE CONDITION OF HAVING A DEVELOPING FETUS IN THE BODY AND THAT BEGINS WITH CONCEPTION.

7. "PROBABLE GESTATIONAL AGE" MEANS THE GESTATIONAL AGE OF THE UNBORN CHILD AT THE TIME THE ABORTION IS PLANNED TO BE PERFORMED AND AS DETERMINED BY THE ATTENDING PHYSICIAN WITH REASONABLE PROBABILITY.

8. "UNBORN CHILD" MEANS THE OFFSPRING OF HUMAN BEINGS FROM CONCEPTION UNTIL BIRTH.