House of
Representatives
HB 2416
abortion
Sponsors: Representatives Yee, Ash, Burges
Overview
HB 2416 specifies an abortion shall not be performed without voluntary and informed consent by the woman receiving an abortion and prohibits the use of telemedicine to perform an abortion
History
Laws 2009, Chapter 172 requires a woman to give informed consent before an abortion is performed. The woman must be informed at least 24 hours before the abortion of information related to the abortion, including the name of the physician, the nature and associated medical risks of the procedure, alternatives to the procedure and the probable gestational age and anatomical and physiological characteristics of the unborn child. If a medical emergency compels an abortion the physician must inform the woman, before the abortion if possible, of the medical indications that support the physician’s judgment that an abortion is necessary to prevent the woman’s death or substantial and irreversible impairment of a major bodily function.
A person may not perform an abortion on a pregnant unemancipated minor unless the physician has obtained written consent from one of the minor’s parents, guardians or conservators, or unless a judge authorizes the physician to perform the abortion (judicial bypass). A minor may utilize the judicial bypass process to circumvent parental consent requirements by appearing before the superior court and demonstrating that she is mature and capable of giving informed consent.
Provisions
· Changes the definition of “abortion” to broaden the scope of the means by which the intent to terminate a woman’s pregnancy is performed, rather than the “use of a surgical instrument or machine”.
· Requires rather than allows the court to appoint a guardian ad litem in court proceedings relating to an abortion for a pregnant minor.
· Prohibits an abortion from being performed or induced without the voluntary and informed consent by the woman on whom the procedure is to be performed.
· Specifies that consent to an abortion is voluntary and informed only if the following are true:
Ø At least one hour before the woman having an abortion, performed or induced, and before anesthesia or medication for the abortion is administered, the referring physician, or a qualified person working with the physician must:
Ø Perform a fetal ultrasound imaging and auscultation of fetal heart tone services on the woman undergoing the abortion.
Ø Offer to provide the woman with the opportunity to view the ultrasound image and hear the heartbeat of the unborn child if audible. The ultrasound image must be of a quality consistent with the standard medical practice in the community, contain the dimensions of the unborn child and accurately portray the presence of external and internal organs. The auscultation of fetal heart tone must be of quality consistent with the standard medical practice in the community.
Ø Offer to provide the woman with a simultaneous explanation of what the ultrasound is depicting, including the presence and location of the unborn child in the uterus, the number of unborn children depicted, the dimensions of the unborn child and the presence of any external members and internal organs.
Ø Offer to provide the patient with a physical picture of the ultrasound image of the unborn child.
Ø The woman certifies in writing before the abortion that she has been given the opportunity to view the ultrasound image and hear the heartbeat of the unborn child, if audible, and that she decided to view or not view the ultrasound image and hear or not hear the heartbeat of the unborn child.
· States that 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.
· Specifies that in addition to other remedies available under common or statutory law, any of the following may file a civil action to obtain relief for a violation of this section:
Ø A woman on whom an abortion was performed without her informed consent.
Ø The father of the unborn child if married to the mother at the time she received the abortion, unless the pregnancy resulted from the plaintiff’s criminal conduct.
Ø The maternal grandparents of the unborn child if the mother was not at least eighteen years of age at the time of the abortion, unless the pregnancy resulted from the plaintiff’s criminal conduct.
· Requires that a civil action filed must be brought in the superior court in the county in which the woman resides and may be based on a claim that failure to obtain informed consent was a result of simple negligence, gross negligence, wantonness, wilfulness, intention or any other legal standard of care relief and includes any of the following:
Ø Money damages for all psychological, emotional and physical injuries resulting from the violation.
Ø Statutory damages in an amount equal to $5,000 or three times the cost of the abortion, whichever is greater.
Ø Reasonable attorney fees and costs.
· Provides that a civil action brought must be initiated within six years after the violation occurred.
· Stipulates that a health care provider must not use telemedicine to provide an abortion and a health care provider that violates this provision commits an act of unprofessional conduct and is subject to license suspension or revocation.
· States that for purposes of Arizona Revised Statutes (A.R.S.) § 36-3604 abortion has the same meaning contained in A.R.S. § 36-2151.
· Contains a construction and severability clause.
· Repeals Laws 1999, Chapter 311, Sections 12 and 13.
· Repeals Arizona Revised Statutes § 36-449.
· Defines the terms auscultation, perform, and ultrasound for purposes of this article.
· Makes technical and conforming changes.
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· Fiftieth Legislature
· First Regular Session 3 February 28, 2011
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