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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
abortion data; survivors act; supporting
Purpose
Supports 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 defines the term born alive as it pertains to medical and legal rights (H.R. 2175). Following the enactment of the Born-Alive Infants Protection Act, the Born-Alive Abortion Survivors Protection Act was introduced by the United States Congress to ensure that medically appropriate care be provided to any infant born alive following an abortion procedure. Failure to comply with the Act can result in legal action (S.311).
Current statute requires that a physician performing an abortion, and any other physician present, must use all available means and medical skills to preserve, protect, and maintain the life of a fetus or embryo who is born alive. Statute dictates that should a fetus or embryo be born alive after attempted abortion, it must be documented and reported to the department of health services, along with information about the measures physicians performed in order to maintain life (A.R.S. § 36-2301).
In order to develop proper data and statistics about failed abortions, the Ensuring Accurate and Complete Abortion Data Reporting Act of 2019 requires states to report certain abortion data to the Centers for Disease Control and Prevention (H.R. 3580).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expresses support for the Born-Alive Infants Protection Act, the Born-Alive Abortion Survivors Protection Act, and the Ensuring Accurate and Complete Abortion Data Reporting Act of 2019.
2. Upholds the Born-Alive Abortion Survivors Protection Act efforts, which require that medically appropriate care be given to any infant born alive following an abortion procedure, and necessitates, per federal law, that health care providers exercise the same degree of professional skill, care and diligence to preserve the life and health of a child born alive following an attempted abortion.
3. States the citizens of Arizona's support for laws that provide legal recognition and protection for born-alive infants.
4. Promotes the Born-Alive Infant Protection Act efforts to repudiate the flawed notion that a child's entitlement to the protections of the law is dependent upon whether that child's mother or others want him or her.
5. Supports the notion that all infants born at any stage of development, regardless of the circumstances surrounding their births, are persons.
6. Becomes effective on the general effective date.
Prepared by Senate Research
January 15, 2021
CRS/AP/gs