abortion; informed consent
HB 2602 prohibits abortion without the voluntary and informed consent of the woman, prescribes criteria for an informed consent, and clarifies criminal penalties for noncompliance by a physician.
Currently in Arizona, there is no existing statute prescribing a time period in which a woman desiring an abortion must wait, nor is it specifically required that a physician orally inform a woman of alternatives to having an abortion. HB 2602 establishes a timeframe of 24 hours prior to an abortion that a physician must inform a woman of abortion procedures, risks and alternatives, age of the unborn child, and medical risks of carrying a child to term. The bill prescribes voluntary and informed consent criteria and prohibits abortion without all the criteria met.
· Stipulates that no abortion shall be preformed without the voluntary and informed consent of the woman.
· Clarifies that for an abortion to be voluntary and informed, the following must be true:
Ø The physician has orally informed the woman at least 24 hours before the abortion of the nature of the procedure or treatment, risks and alternatives, the gestational age of the unborn child, and the medical risks relative to carrying the child to term.
Ø The woman shall be informed that DHS has printed material describing the unborn child, of the availability of medical assistance benefits, that the child’s father is liable to pay child support, of agencies that offer alternatives to abortion. The woman shall be informed that she has the right to have a free copy of and review all the printed materials.
Ø A copy of printed materials has been provided to the woman if she chooses.
Ø The woman certifies in writing that all the prescribed information has been provided to her.
· Requires DHS to annually publish in Spanish and English, in clearly legible type and in an easily comprehensible manner the following materials:
Ø List of agencies and services, arranged geographically available to assist during pregnancy, childbirth, and adoption.
Ø Information on the availability of medical assistance benefits for prenatal care, childbirth, and neonatal care.
Ø A statement that it is unlawful for a woman to be coerced to have an abortion.
Ø A statement that a physician who performs an abortion without informed consent or private medical consultation may be liable in a civil action.
Ø A statement that the father is liable to pay child support and that the law permits adoptive parents to pay costs of carrying and delivering a child.
Ø Scientifically accurate information on the probable characteristics of the unborn child at two-week increments from fertilization to full-term, including pictures or drawings, and the unborn child’s survival possibilities.
Ø Objected information describing commonly used abortion procedures, relative medical risks, psychological effects, and medical risks of carrying a child to term.
· Stipulates the material must be printed in clear, legible typeface and available free to any person, facility, or hospital upon request.
· Clarifies that if an emergency abortion is needed, the physician, before the abortion if possible, shall inform the woman of the medical reasons that the physician deems an abortion necessary to save the woman’s life or prevent harm of major bodily functions.
· Stipulates that the license of the physician is subject to suspension or revocation if the physician violates this section.
· Prescribes a Class 3 misdemeanor to a physician who fails to obtain written certification that the woman has been informed of the required information unless the physician can prove that the physician believed that providing such information would have resulted adversely on the physical or mental health of the patient.
· Defines abortion, conception, fertilization, gestational age, medical emergency, physician, pregnant, pregnancy, probably gestational age, unborn child.
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45th Legislature
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Second Regular Session 2 February
11, 2002
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