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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
abortion data; survivors act; supporting.
Purpose
Expresses the Legislature's support for the enactment of the Born-Alive Abortion Survivors Protection Act and the Ensuring Accurate and Complete Abortion Data Reporting Act of 2019.
Background
The Born-Alive Infants Protection Act of 2002 defines the term "born-alive" to mean the complete extraction of an infant member from his or her mother at any stage of development who breathes or has a beating heart, pulsation of the umbilical cord or definite movement of voluntary muscles. This statute also states that in defining specific terms, the section of statute cannot be construed to affirm, deny, expand or contract any legal status or rights applicable to an infant member prior to being born-alive (PL. 107-207 § 8). The Born-Alive Abortion Survivors Protection Act was last introduced in January 2019 and would have supplemented existing federal law concerning requirements pertaining to born-alive abortion survivors. This bill requires health care practitioners to exercise the same degree of professional skill, care and diligence to preserve the life and health of a child born alive in the case of an abortion or attempted abortion. Additionally, an infant born alive following an attempted abortion would be protected under the law that would arise for any newborn or any patient who comes to a hospital, clinic, or other health and treatment facility (S. 311, 116th Congress, 2019).
The Ensuring Accurate and Complete Abortion Data Reporting Act of 2019 is a federal bill that requires accurate reporting of abortion data to the Centers for Disease Control and Prevention across all states. This bill requires Arizona to submit abortion data regarding mandatory questions described under the Public Health Service Act to the abortion surveillance system of the U.S. Centers for Disease Control and Prevention in order to receive Medicaid payments for certain family planning services and supplies. Additionally, the bill affirms the requirement to report instances of unborn children surviving abortion attempts (H.R. 3580, 116th Congress, 2019).
Provisions
1. Expresses the Legislature's support for the enactment of the Born-Alive Abortion Survivors Protection Act.
2. Expresses the Legislature's support for the Ensuring Accurate and Complete Abortion Data Reporting Act of 2019.
3. Requires the Secretary of State to transmit copies of the resolution to:
a) the Governor;
b) the President of the United States;
c) the President of the United States Senate;
d) the Speaker of the United States House of Representatives; and
e) each Member of Congress from Arizona.
Prepared by Senate Research
February 11, 2020
JA/gs