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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
abortion-inducing drugs; requirements
Purpose
Prescribes requirements for the administration of abortion-inducing drugs and creates a civil right of action for intentional or knowing violations of these requirements.
Background
Statute
prohibits an abortion from being performed or induced without the voluntary and
informed consent of the woman on whom the abortion is to be performed or
induced, except in the case of medical emergency. Informed consent for
abortions is accomplished when the woman certifies in writing that she has been
provided with all of the required information enumerated in statute at least 24
hours in advance of an abortion procedure. A woman seeking an abortion must
also: 1) receive fetal ultrasound imaging and auscultation of fetal heart tone
services; 2) be provided with specified information in the case of the unborn
being diagnosed with a lethal condition; and 3) in the case of a woman taking
only mifepristone as part of a two-drug regimen to terminate a pregnancy, be
informed by clinic staff that mifepristone alone is not always effective. The
Department of Health Services (DHS) must provide outlined information on its
website related to abortion procedures and services, and physicians who provide
informed consent information or that perform fetal ultrasounds must report
specified information to DHS (A.R.S.
§§ 36-2153;
36-2156;
36-2158
and 36-2162.01).
Abortion-inducing drugs may only be provided by qualified physicians in accordance with statutory requirements, and manufacturers, suppliers and physicians are prohibited from providing abortion-inducing drugs by courier, delivery or mail service (A.R.S. § 36-2160).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a qualified physician who provides an abortion-inducing drug to examine the patient in person and perform all of the following before providing an abortion-inducing drug:
a) independently verify that a pregnancy exists;
b) determine the patient's blood type, and if the patient is Rh-Negative, offer to administer Rhogam at the time of the abortion, or, inform the patient of the risks of not having Rh testing if the age of the unborn child is less than 12 weeks' gestation and the patient's blood type is unknown;
c) inform the patient of possible physical and psychological aftereffects and side effects associated with the ingestion of an abortion-inducing drug, including that the patient may experience bleeding, pain and nausea and may see the remains of the unborn child in the process of completing the abortion; and
d) document in the patient's medical chart the gestational age and intrauterine location of the pregnancy, as diagnosed by the most accurate standard of medical care, and whether the patient was offered and received treatment for Rh negativity.
2. Requires a qualified physician who provides an abortion-inducing drug to be credentialed and competent to handle complication management, including emergency transfers, or to have an active signed agreement with an associated physician who is credentialed.
3. Requires the qualified physician to be able to produce the signed agreement on demand by the patient or DHS, and to provide the patient with the name and telephone number of the associated physician.
4. Requires a qualified physician or their agent to schedule a follow-up visit for the patient that is approximately 7 to 14 days after the abortion-inducing drug is administered to:
a) confirm that the pregnancy is completely terminated; and
b) assess the degree of bleeding.
5. Requires the qualified physician to make all reasonable efforts to ensure that the patient returns for the scheduled appointment, and to include a brief description of the efforts made to comply with this requirement in the patient's medical record.
6. Establishes that any of the following persons have a claim against a person who intentionally or knowingly violates these requirements:
a) a woman to whom an abortion-inducing drug was given;
b) a minor's parent or guardian if the drug was given to a minor, unless parental rights have been terminated; and
c) the father of the unborn child aborted as the result of an abortion-inducing drug that was illegally given, unless:
i. the pregnancy of the person to whom the abortion-inducing drug was given was the result of a sexual assault or an act of incest and the father was the offender;
ii. the father has been charged or convicted of an act of domestic violence against the mother of the unborn child;
iii. a court has issued a restraining order or order of protection against the father for domestic violence involving the mother of the unborn child; or
iv. the father's parental rights have been legally terminated.
7. Requires a civil action to be brought in the superior court in the county in which the woman on whom the abortion was performed resides.
8. Specifies that relief for a civil action includes:
a) money damages for all psychological, emotional and physical injuries resulting from a violation;
b) statutory damages of $5,000; and
c) reasonable attorney fees and costs.
9. Requires a court, in a civil action and on its own motion or sua sponte, must rule whether the identity of any woman on whom an abortion was induced or attempted must be kept confidential, unless the woman waives confidentiality.
10. Requires the court, if it determines that a woman's identity should remain confidential, to:
a) issue orders to the parties, witnesses and counsel; and
b) direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure.
11. Requires the court, if it issues a confidentiality order, to provide written findings explaining:
a) why the woman's identity should be kept confidential;
b) why the order is essential to that end; and
c) how the order is narrowly tailored to its purpose and why no reasonable less-restrictive alternative exists.
12. Requires any person who brings an action to do so under a pseudonym, unless the person obtains written consent from the woman.
13. Prohibits the pseudonym requirement from being construed to allow the identity of a plaintiff or a witness to be concealed from the defendant.
14. Prohibits a civil action from being brought against a woman to whom an abortion-inducing drug was given.
15. Stipulates that this legislation does not create or recognize a right to abortion or make lawful an abortion that is otherwise unlawful.
16. Contains a severability clause.
17. Contains a legislative findings clause.
18. Becomes effective on the general effective date.
House Action
JUD 2/19/25 DP 6-2-0-1
3rd Read 3/4/25 32-26-2
Prepared by Senate Research
March 17, 2025
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