State of Arizona
House of Representatives
Forty-ninth Legislature
First Regular Session 2009
Introduced by Representatives Barto, Ash, Barnes, Biggs,
Burges, Goodale, Gowan, Kavanagh, Lesko, Murphy, Nichols, Tobin, Yarbrough,
Senators Pearce, Verschoor: Representatives Court, Crandall, Crump, Hendrix,
Jones, Konopnicki, McComish, McLain, Montenegro, Pratt, Quelland, Seel,
Stevens, Weiers JP, Senators Allen S, Gould, Gray C, Gray L, Harper,
Huppenthal, Melvin, Nelson, Pierce, Waring
AN ACT Renumbering section 36-2151, Arizona Revised
Statutes, as section 36-2154; amending title 36, chapter 20, article 1,
Arizona Revised Statutes, by adding a new section 36-2151; Amending section
36-2152, Arizona Revised Statutes; amending title 36, chapter 20, article 1,
Arizona Revised Statutes, by adding section 36-2153; Amending section
36-2154, Arizona Revised Statutes, as renumbered by this act; relating to
abortion
Be it enacted by the Legislature of the State of Arizona:
Section 1. Renumber
Section 36-2151, Arizona Revised Statutes, is renumbered as section
36‑2154.Sec. 2. Title 36, chapter 20, article 1, Arizona Revised Statutes,
is amended by adding a new section 36-2151, to read:
36-2151. Definitions
In this article, unless the context otherwise requires:
1. "Abortion" means the use of any means to terminate the clinically
diagnosable pregnancy of a woman with knowledge that the termination by
those means will cause, with reasonable likelihood, the death of the
unborn child. Abortion does not include birth control devices, oral
contraceptives used to inhibit or prevent ovulation or conception or the
use of any means to increase the probability of a live birth, to
preserve the life or health of the child after a live birth, to
terminate an ectopic pregnancy or to remove a dead fetus.
2. "Conception" means the fusion of a human spermatozoon with a human
ovum.
3. "Gestational age" means the age of the unborn child as calculated
from the first day of the last menstrual period of the pregnant woman.
4. "health professional" has the same meaning prescribed in section
32-3201.
5. "Medical emergency" means a condition that, on the basis of the
physician's good faith clinical judgment, so complicates the medical
condition of a pregnant woman as to necessitate the immediate abortion
of her pregnancy to avert her death or for which a delay will create
serious risk of substantial and irreversible impairment of a major
bodily function.
6. "Physician" means a person who is licensed pursuant to title 32,
chapter 13 or 17.
7. "Pregnant" or "pregnancy" means a female reproductive condition of
having a developing unborn child in the body and that begins with
conception.
8. "Probable gestational age" means the gestational age of the unborn
child at the time the abortion is planned to be performed and as
determined with reasonable probability by the attending physician.
9. "Surgical abortion" means the use of a surgical instrument or a
machine to terminate the clinically diagnosable pregnancy of a woman
with knowledge that the termination by those means will cause, with
reasonable likelihood, the death of the unborn child. Surgical abortion
does not include the use of any means to increase the probability of a
live birth, to preserve the life or health of the child after a live
birth, to terminate an ectopic pregnancy or to remove a dead fetus.
Surgical abortion does not include patient care incidental to the
procedure.
10. "Unborn child" means the offspring of human beings from
conception until birth.
[. . .Sections 3 and 4 concern parental consent and informed
consent . . .]
Sec. 5.
Section 36-2154, Arizona Revised Statutes, as renumbered by this
act, is amended to read:
36-2154. Right to refuse to participate in abortion; abortion
medication or emergency contraception
A. No A hospital isnot required to admit any patient
for the purpose of performing an abortion. A physician, or any other
person who is a member of or associated with the staff of a hospital, or
any employee of a hospital, doctor, clinic, or other medical or surgical
facility in which an abortion has been authorized, who shall state
states in writing an objection to such the
abortion on moral or religious grounds shall is not be
required to facilitate or participate in the medical or surgical
procedures which that will result in the abortion.
B. A pharmacy, hospital or health professional, or any employee of a
pharmacy, hospital or health professional, who states in writing an
objection to abortion, abortion medication or emergency contraception on
moral or religious grounds is not required to facilitate or participate
in the provision of an abortion, abortion medication or emergency
contraception.
[. . .Sections 7 and 7concern construction and severability. . .]