abortion; informed consent
HB 2602 prohibits abortion without the voluntary and informed consent of the woman, prescribes criteria for an informed consent, and clarifies penalties for noncompliance by a physician.
HB 2602 passed the Human Services Committee amended to eliminate the requirement of DHS to provide a toll free telephone number accessible 24 hours a day. The bill was further amended in the Committee of the Whole to eliminate the requirement of DHS to publish prescribed information and removes the responsibility of the physician to inform the woman those printed materials.
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 orally 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 specifies that the woman on whom the abortion is performed shall verify in writing prior to the abortion that the physician informed her of the required information.
· 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 certifies in writing before the abortion that the required information has been provided.
· 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.
· Specifies that a physician in compliance is immune from civil liability for failure to obtain consent of the woman on whom the abortion is performed.
· Defines abortion, conception, fertilization, gestational age, medical emergency, physician, pregnant, pregnancy, probably gestational age, unborn child.
HB 2602 was amended in the Human Services Committee to eliminate the requirement of DHS to provide 24 hours a day, a toll free number in which a caller may obtain information of available services.
HB 2602 was amended in the Committee of the Whole as follows:
· Eliminates the requirement for the physician to inform the woman of printed materials, the availability of benefits, the liability of the father, and of her right to review the printed material if she chooses.
· Removes the requirements of DHS to provide a toll free number and to publish printed materials pertaining to services, benefits, abortion methods and characteristics of the unborn child.
· Clarifies that a physician in compliance is immune from civil liability for failure to obtain consent from the woman on whom the abortion is performed.
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45th Legislature
Second Regular Session 2 April
6, 2002
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