House Engrossed Senate Bill

State of Arizona
Senate
Fifty-second Legislature
First Regular Session
2015

CHAPTER 87

SENATE BILL 1318

AN ACT
AMENDING SECTIONS 20-121, 36-404, 36-449.02 AND 36-2153, ARIZONA REVISED
STATUTES; RELATING TO ABORTION.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 20-121, Arizona Revised Statutes, is amended to
read:
20-121. Health care exchange; abortion coverage; prohibition;
exceptions
A. Consistent with the provisions of the patient protection and
affordable care act (P.L. 111-148), any qualified health insurance policy,
contract or plan offered through any state health care exchange established
OPERATING in this state shall not provide coverage for abortions unless the
coverage is offered as a separate optional rider for which an additional
insurance premium is charged.
B. Subsection A OF THIS SECTION does not apply to coverage for any
abortion that is necessary to either:
1. THAT IS NECESSARY TO save the life of the woman having the
abortion.
2. THAT IS NECESSARY TO avert substantial and irreversible impairment
of a major bodily function of the woman having the abortion.
3. WHEN THE PREGNANCY IS THE RESULT OF RAPE OR INCEST.
Sec. 2. Section 36-404, Arizona Revised Statutes, is amended to read:
36-404. Limitation of disclosure of information
A. Information received and records kept by the department for the
purpose of administering this chapter are available to the public except:
1. Information obtained for purposes of articles 4 and 5 of this
chapter.
2. Personally identifiable medical information or any information from
which a patient or the patient's family might be identified.
3. Sources of information that cause the department to believe that an
inspection of an institution is needed to determine the extent of compliance
with this chapter and rules adopted pursuant to this chapter.
4. PERSONALLY IDENTIFIABLE INFORMATION OF A PHYSICIAN THAT IS RECEIVED
AND ANY RECORDS KEPT REGARDING THE PHYSICIAN'S ADMITTING PRIVILEGES PURSUANT
TO SECTION 36-449.02.
B. The department may release information listed under subsection A OF
THIS SECTION to an officer of the court pursuant to a court order, a
department or agency of this state or the federal government, a law
enforcement agency or a county medical examiner if the release of this
information is necessary and pertinent to an investigation or proceeding
unless the release of this information is prohibited by federal or state law.
The recipient shall maintain patient and source name confidentiality.
Sec. 3. Section 36-449.02, Arizona Revised Statutes, is amended to
read:
36-449.02. Abortion clinics; licensure requirements; rules;
inspections; standing to intervene; legal counsel
A. Beginning on April 1, 2000, an abortion clinic shall meet the same
licensure requirements as prescribed in article 2 of this chapter for health
care institutions. ON INITIAL LICENSURE AND ANY SUBSEQUENT RENEWAL, AN
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ABORTION CLINIC SHALL SUBMIT TO THE DIRECTOR ALL DOCUMENTATION REQUIRED BY

THIS ARTICLE, INCLUDING VERIFICATION THAT THE CLINIC'S PHYSICIANS WHO ARE
REQUIRED TO BE AVAILABLE HAVE ADMITTING PRIVILEGES AT A HEALTH CARE
INSTITUTION AS REQUIRED BY SECTION 36-449.03, SUBSECTION C, PARAGRAPH 3.
B. An abortion clinic that holds an unclassified health care facility
license issued before August 6, 1999 may retain that classification until
April 1, 2000 subject to compliance with all laws that relate to unclassified
health care facilities.
C. Beginning on April 1, 2000, abortion clinics shall comply with
department requirements for abortion clinics and department rules that govern
abortion clinics.
D. If the director determines that there is reasonable cause to
believe an abortion clinic is not adhering to the licensing requirements of
this article or any other law or rule concerning abortion, the director and
any duly designated employee or agent of the director, including county
health representatives and county or municipal fire inspectors, consistent
with standard medical practices, may enter on and into the premises of the
abortion clinic that is licensed or required to be licensed pursuant to this
article during regular business hours of the abortion clinic to determine
compliance with this article, rules adopted pursuant to this article, local
fire ordinances or rules and any other law or rule relating to abortion.
E. An application for licensure pursuant to this article constitutes
permission for, and complete acquiescence in, an entry or inspection of the
premises during the pendency of the application and, if licensed, during the
term of the license.
F. If an inspection conducted pursuant to this section reveals that an
abortion clinic is not adhering to the licensing requirements prescribed
pursuant to this article or any other law or rule concerning abortion, the
director may take action authorized by this article.
G. An abortion clinic whose license has been suspended or revoked
pursuant to this article or section 36-424 is subject to inspection on
application for relicensure or reinstatement of the license.
H. In any proceeding in which the constitutionality, legality or
application of this section is challenged, the attorney general or any county
or city attorney who wishes to defend the law has the right to intervene as a
party and is deemed to have proper standing in the matter. The only
objection that may be raised to a motion to intervene as of right pursuant to
this subsection is that the proposed intervenor does not have a good faith
intention to defend the law. Any party or proposed intervenor may raise this
objection. Notwithstanding section 41-192, the department may employ legal
counsel and make an expenditure or incur an indebtedness for legal services
for the purposes of defending this section.

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Sec. 4. Section 36-2153, Arizona Revised Statutes, is amended to read:

36-2153. Informed consent; requirements; information; website;
signs;
violation;
civil
relief;
statute
of
limitations
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 and in addition to the
other requirements of this chapter, 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 informed the woman,
orally and in person, of:
(a) The name of the physician who will perform the abortion.
(b) The nature of the proposed procedure or treatment.
(c) The immediate and long-term medical risks associated with the
procedure that a reasonable patient would consider material to the decision
of whether or not to undergo the abortion.
(d) Alternatives to the procedure or treatment that a reasonable
patient would consider material to the decision of whether or not to undergo
the abortion.
(e) The probable gestational age of the unborn child at the time the
abortion is to be performed.
(f) The probable anatomical and physiological characteristics of the
unborn child at the time the abortion is to be performed.
(g) The medical risks associated with carrying the child to term.
2. At least twenty-four hours before the abortion, the physician who
is to perform the abortion, the referring physician or a qualified physician,
physician assistant, nurse, psychologist or licensed behavioral health
professional to whom the responsibility has been delegated by either
physician has informed the woman, orally and in person, that:
(a) Medical assistance benefits may be available for prenatal care,
childbirth and neonatal care.
(b) The father of the unborn child is liable to assist in the support
of the child, even if he has offered to pay for the abortion. In the case of
rape or incest, this information may be omitted.
(c) Public and private agencies and services are available to assist
the woman during her pregnancy and after the birth of her child if she
chooses not to have an abortion, whether she chooses to keep the child or
place the child for adoption.
(d) It is unlawful for any person to coerce a woman to undergo an
abortion.
(e) The woman is free to withhold or withdraw her consent to the
abortion at any time without affecting her right to future care or treatment
and without the loss of any state or federally funded benefits to which she
might otherwise be entitled.
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(f) The department of health services maintains a website that

describes the unborn child and lists the agencies that offer alternatives to
abortion.
(g) The woman has a right to review the website and that a printed
copy of the materials on the website will be provided to her free of charge
if she chooses to review these materials.
(h) IT MAY BE POSSIBLE TO REVERSE THE EFFECTS OF A MEDICATION ABORTION
IF THE WOMAN CHANGES HER MIND BUT THAT TIME IS OF THE ESSENCE.
(i) INFORMATION ON AND ASSISTANCE WITH REVERSING THE EFFECTS OF A
MEDICATION ABORTION IS AVAILABLE ON THE DEPARTMENT OF HEALTH SERVICES'
WEBSITE.
3. The information in paragraphs 1 and 2 of this subsection is
provided to the woman individually and in a private room to protect her
privacy and to ensure that the information focuses on her individual
circumstances and that she has adequate opportunity to ask questions.
4. The woman certifies in writing before the abortion that the
information required to be provided pursuant to paragraphs 1 and 2 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. The department of health services shall establish a website within
ninety days after the effective date of this amendment to this section and
shall annually update the A website. The website must include THAT INCLUDES
a link to a printable version of all materials listed on the website. The
materials must be written in an easily understood manner and printed in a
typeface that is large enough to be clearly legible. The website must
include all of the following materials:
1. Information that is organized geographically by location and that
is designed to inform the woman about public and private agencies and
services that are available to assist a woman through pregnancy, at
childbirth and while her child is dependent, including adoption agencies.
The materials shall include a comprehensive list of the agencies, a
description of the services they offer and the manner in which these agencies
may be contacted, including the agencies' telephone numbers and website
addresses.
2. Information on the availability of medical assistance benefits for
prenatal care, childbirth and neonatal care.
3. A statement that it is unlawful for any person to coerce a woman to
undergo an abortion.
4. A statement that any physician who performs an abortion on a woman
without obtaining the woman's voluntary and informed consent or without
affording her a private medical consultation may be liable to the woman for
damages in a civil action.
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5. A statement that the father of a child is liable to assist in the

support of that child, even if the father has offered to pay for an abortion,
and that the law allows adoptive parents to pay costs of prenatal care,
childbirth and neonatal care.
6. Information that is designed to inform the woman of the probable
anatomical and physiological characteristics of the unborn child at two-week
gestational increments from fertilization to full term, including pictures or
drawings representing the development of unborn children at two-week
gestational increments and any relevant information on the possibility of the
unborn child's survival. The pictures or drawings must contain the
dimensions of the unborn child and must be realistic and appropriate for each
stage of pregnancy. The information provided pursuant to this paragraph must
be objective, nonjudgmental and designed to convey only accurate scientific
information about the unborn child at the various gestational ages.
7. Objective information that describes the methods of abortion
procedures commonly employed, the medical risks commonly associated with each
procedure, the possible detrimental psychological effects of abortion and the
medical risks commonly associated with carrying a child to term.
8. INFORMATION ON THE POTENTIAL ABILITY OF QUALIFIED MEDICAL
PROFESSIONALS TO REVERSE A MEDICATION ABORTION, INCLUDING INFORMATION
DIRECTING WOMEN WHERE TO OBTAIN FURTHER INFORMATION AND ASSISTANCE IN
LOCATING A MEDICAL PROFESSIONAL WHO CAN AID IN THE REVERSAL OF A MEDICATION
ABORTION.
D. An individual who is not a physician shall not perform a surgical
abortion.
E. A person shall not write or communicate a prescription for a drug
or drugs to induce an abortion or require or obtain payment for a service
provided to a patient who has inquired about an abortion or scheduled an
abortion until the expiration of the twenty-four-hour reflection period
required by subsection A of this section.
F. A person shall not intimidate or coerce in any way any person to
obtain an abortion.
A parent, a guardian or any other person shall not
coerce a minor to obtain an abortion. If a minor is denied financial support
by the minor's parents, guardians or custodian due to the minor's refusal to
have an abortion performed, the minor is deemed emancipated for the purposes
of eligibility for public assistance benefits, except that the emancipated
minor may not use these benefits to obtain an abortion.
G. An abortion clinic as defined in section 36-449.01 shall
conspicuously post signs that are visible to all who enter the abortion
clinic, that are clearly readable and that state it is unlawful for any
person to force a woman to have an abortion and a woman who is being forced
to have an abortion has the right to contact any local or state law
enforcement or social service agency to receive protection from any actual or
threatened physical, emotional or psychological abuse. The signs shall be
posted in the waiting room, consultation rooms and procedure rooms.
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H. A person shall not require a woman to obtain an abortion as a

provision in a contract or as a condition of employment.
I. A physician who knowingly 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.
J. In addition to other remedies available under the common or
statutory law of this state, any of the following may file a civil action to
obtain appropriate relief for a violation of this section:
1. A woman on whom an abortion has been performed without her informed
consent as required by this section.
2. 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.
3. 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.
K. A civil action filed pursuant to subsection J of this section shall
be brought in the superior court in the county in which the woman on whom the
abortion was performed 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 pursuant to subsection J of this section includes the following:
1. Money damages for all psychological, emotional and physical
injuries resulting from the violation of this section.
2. Statutory damages in an amount equal to five thousand dollars or
three times the cost of the abortion, whichever is greater.
3. Reasonable attorney fees and costs.
L. A civil action brought pursuant to this section must be initiated
within six years after the violation occurred.

APPROVED BY THE GOVERNOR MARCH 30, 2015.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31, 2015.

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