ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2696: fetal resuscitation; repeal |
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PRIME SPONSOR: Representative Terán, LD 30 BILL STATUS: Judiciary |
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Repeals requirements regarding
the treatment of an aborted fetus or embryo delivered alive
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History
If a physician performs an abortion and the fetus or embryo is delivered alive, the physician must attempt to keep the fetus or embryo alive (A.R.S. § 36-2301). A fetus or embryo is delivered alive if it is breathing, has a heartbeat, has umbilical cord pulsation, or has definite movement of voluntary muscles. The aborting entity and physician must document and report to the Arizona Department of Health Services (DHS) whether the fetus or embryo was born alive and their efforts to keep the delivered fetus or embryo alive (A.R.S. §§ 36-2161, 36-2301).
Pursuant to statute, DHS requires that, for an abortion performed at or after 20 weeks' gestational age:
1. An abortion clinic must designate someone to contact emergency services immediately upon birth in order to transfer the fetus or embryo to a hospital;
2. At least one person trained in neonatal resuscitation must be present in the room; and
3. The aborting entity must provide rapid neonatal resuscitation, including by assessing respiration and heart rate, clearing secretions, positioning the airway, providing warmth, drying, and administering oxygen as needed (A.R.S. § 36-2301(D)).
DHS also prescribes minimum equipment standards required to help abortion clinic physicians keep aborted fetuses and embryos alive (A.R.S. § 36-449.03(E)(6)).
If treating an aborted fetus or embryo would only temporarily prolong the act of dying, the aborting physician does not have to provide additional treatment beyond the DHS requirements (A.R.S. § 36-2301). Otherwise, the physician must utilize all available means and medical skills to keep the fetus or embryo alive.
DHS may suspend or revoke a noncompliant hospital's or abortion clinic's license and may impose a civil penalty (A.R.S. §§ 36-427, 36-431.01, 36-449.03(I)(1), 36-2301(F)).
Statute authorizes the surviving mother, father, and in some cases maternal grandparents, to sue a noncompliant person or entity for:
1. Physical and emotional damages;
2. The greater of $5,000 or three times the cost of the abortion; and
3. Reasonable attorney fees and costs (A.R.S. § 36-2301(I)).
Provisions
1. Repeals A.R.S. § 36-2301 relating to the duty to treat an aborted fetus or embryo delivered alive (Sec. 3).
2. Relieves DHS of the duty to establish rules regulating the treatment of aborted fetuses and embryos delivered alive (Secs. 1 and 3).
3. Relieves physicians, clinical staff, and aborting entities of the duty to document and report whether an aborted fetus or embryo was delivered alive and the efforts made to keep the fetus or embryo alive (Secs. 2 and 3).
4. Makes conforming changes (Sec. 1).
5. Makes technical changes (Secs. 1 and 2).
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9. Fifty-fourth Legislature HB 2696
10. First Regular Session Version 1: Judiciary
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