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Arizona

House Bill No. 2564 (2009)

Check the status of this bill at the Arizona State Legislature

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. . .]

 

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