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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: JUD DP 6-2-0-1 |
HB 2681: abortion-inducing drugs; requirements
Sponsor: Representative Keshel, LD 17
Caucus & COW
Overview
Establishes new requirements for the provision of abortion-inducing drugs, including mandatory in-person examinations by physicians, follow-up care and liability provisions for violations.
History
A.R.S. § 36-2160 governs the provision of abortion-inducing drugs in Arizona. It mandates that such drugs may only be provided by a qualified physician in compliance with various statutory requirements such as informed consent, parental consent for minors and fulfilling various reporting requirements. Additionally, the delivery of abortion-inducing drugs through mail services is prohibited.
An abortion-inducing drug is defined as any medicine, drug or substance used for a medication abortion. However, drugs that may be known to cause an abortion, but are prescribed for other medicinal indications, are excluded from the statutory regulations for abortion-inducing drugs (A.R.S. § 36-2160).
Provisions
New Requirements for Providing Abortion-Inducing Drugs
1. Requires physicians to examine patients in person before providing abortion-inducing drugs. (Sec. 1)
2. Directs the examining physician to do all of the following:
a) verify that a pregnancy exists;
b) determine the patient's blood type and, if she is RH negative, offer to administer RhoGAM at the time of the abortion; in circumstances where RH cannot be determined, the patient must be warned of the risks of not having RH testing;
c) inform the patient of possible physical and psychological aftereffects and side effects, including:
i. bleeding;
ii. pain;
iii. nausea; and
iv. that the patient may see the remains of the unborn child; and
d) document the gestational age and intrauterine location of the pregnancy in the patient’s medical chart. (Sec. 1)
3. Mandates that physicians who provide abortion-inducing drugs either must be credentialed to manage complications or must have a signed agreement with an associate physician who is credentialed to handle the same. (Sec. 1)
4. Stipulates that the signed agreement must be available on demand and that the physician must provide the name and phone number of the associated physician to the patient. (Sec. 1)
5. Requires the physician to schedule a follow-up visit 7 to 14 days after the abortion to confirm the pregnancy is terminated and assess bleeding. (Sec. 1)
6. Requires the physician to make all reasonable efforts to ensure the patient returns for the scheduled follow-up and document the efforts made. (Sec. 1)
Civil Relief for Violations of Law
7. Establishes that a claim against a person, who intentionally or recklessly violates the statute regulating the provision of abortion-inducing drugs, may be made by:
a) a woman who was given an abortion-inducing drug in violation of statute;
b) a minor’s parent or guardian if the minor received the drug in violation of statute; and
c) the father of the aborted unborn child, except in cases where the man is a father due to committing sexual assault against the woman. (Sec. 1)
8. Provides relief to a claimant as follows:
a) damages for psychological, emotional, and physical injuries;
b) statutory damages of $5,000; and
c) reasonable attorney fees and costs. (Sec. 1)
9. Outlines procedures for the court to decide if the woman's identity should remain confidential. (Sec. 1)
10. Instructs plaintiffs to use a pseudonym, unless the woman on whom the abortion was induced provides consent for her identity to be disclosed. (Sec. 1)
Miscellaneous
11. Asserts that this Act does not create or recognize a right to an abortion. (Sec. 3)
12. Contains a findings clause. (Sec. 2)
13. Contains a severability clause. (Sec. 4)
14. Makes conforming changes. (Sec. 1)
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HB 2681
Initials NM Page 0 Caucus & COW
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