REFERENCE TITLE: contraception; rights; limits

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2678

Introduced by

Representatives Stahl Hamilton: Aguilar, Austin, Blattman, Contreras P, Crews, De Los Santos, Gutierrez, Hernandez A, Hernandez C, Hernandez M, Mathis, Ortiz, Pawlik, Peshlakai, Quiñonez, Sandoval, Schwiebert, Seaman, Shah, Terech, Travers, Tsosie

An Act

amending title 36, Arizona Revised Statutes, by adding chapter 42; relating to contraception.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 42, to read:

CHAPTER 42

RIGHT TO CONTRACEPTION ACT

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE36-4201. Definitions

In this chapter, unless the context otherwise requires:

1. "Contraception" means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness based methods, and sterilization procedures.

2. "Contraceptive" means any drug, device or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the federal food, drug, and cosmetic act, such as oral contraceptives, long-acting reversible contraceptives, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches and vaginal rings or any other contraceptives.

3. "Health professional" has the same meaning prescribed in section 32-3201. END_STATUTE

START_STATUTE36-4202. Contraceptives; contraception; rights

A. A person has a right to obtain contraceptives and to engage in contraception, and a health professional has a corresponding right to provide contraceptives and information related to contraception.

B. The rights prescribed in subsection A of this section may not be limited or otherwise infringed through any limit or requirement that does either of the following:

1. Expressly, effectively, implicitly or as implemented singles out the providing of contraceptives or contraception-related information, health professionals who provide contraceptives or contraception-related information or health care facilities in which contraceptives or contraception-related information is provided.

2. Impedes access to contraceptives or contraception-related information. END_STATUTE

START_STATUTE36-4203. Limits of article

This article does not do either of the following:

1. Authorize this state or any political subdivision of this state to interfere with a health professional's ability to provide contraceptives or contraception-related information or a patient's ability to obtain contraceptives or to engage in contraception.

2. Allow or sanction the conduct of any sterilization procedure without the patient's voluntary and informed consent. END_STATUTE

Sec. 2. Short title

This act may be cited as the "Arizona Right to Contraception Act".