abortion; providers; waiting period; ultrasound

HB2530 - 572R - I Ver

REFERENCE TITLE:
abortion; providers; waiting period; ultrasound

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2530

Introduced by

Representatives
Stahl Hamilton: Contreras P, Garcia, Gutierrez, Luna-N�jera, Simacek,
Travers, Villegas, Volk;� Senators Gabald�n, Ortiz

AN
ACT

Amending sections 32-1606, 32-2501,
32-2531, 32-2532, 36-449.01, 36-449.03, 36-2151, 36-2152,
36-2153, 36-2155, 36-2156 and 36-2158, Arizona Revised
Statutes; repealing section 36-2160, Arizona Revised Statutes; amending
sections 36-2161, 36-2162.01, 36-2301 and 36-2301.01, Arizona
Revised Statutes; repealing section 36-2301.02, Arizona Revised Statutes;
relating to abortion.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 32-1606, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1606.

Powers and duties of board

A. The board may:

1. Adopt and revise rules necessary to carry into
effect this chapter.

2. Publish advisory opinions regarding registered
and practical nursing practice and nursing education.

3. Issue limited licenses or certificates if it
determines that an applicant or licensee cannot function safely in a specific
setting or within the full scope of practice.

4. Refer criminal violations of this chapter to the
appropriate law enforcement agency.

5. Establish a confidential program for monitoring
licensees who are chemically dependent and who enroll in rehabilitation
programs that meet the criteria established by the board. The board
may take further action if the licensee refuses to enter into a stipulated
agreement or fails to comply with its terms. In order to protect the
public health and safety, the confidentiality requirements of this paragraph do
not apply if the licensee does not comply with the stipulated agreement.

6. On the applicant's or regulated party's request,
establish a payment schedule with the applicant or regulated party.

7. Provide education regarding board functions.

8. Collect or assist in collecting workforce data.

9. Adopt rules to conduct pilot programs consistent
with public safety for innovative applications in nursing practice, education
and regulation.

10. Grant retirement status on request to retired
nurses who are or were licensed under this chapter, who have no open complaint
or investigation pending against them and who are not subject to discipline.

11. Accept and spend federal monies and private
grants, gifts, contributions and devises to assist in carrying out the purposes
of this chapter.� These monies do not revert to the state general fund at the
end of the fiscal year.

B. The board shall:

1. Approve regulated training and educational
programs that meet the requirements of this chapter and rules adopted by the
board.

2. By rule, establish approval and reapproval
processes for nursing and nursing assistant training programs that meet the
requirements of this chapter and board rules.

3. Prepare and maintain a list of approved nursing
programs to prepare registered nurses and practical nurses whose graduates are
eligible for licensing under this chapter as registered nurses or as practical
nurses if they satisfy the other requirements of this chapter and board rules.

4. Examine qualified registered nurse and practical
nurse applicants.

5. License and renew the licenses of qualified
registered nurse and practical nurse applicants and licensed nursing assistants
who are not qualified to be licensed by the executive director.

6. Adopt a seal, which the executive director shall
keep.

7. Keep a record of all proceedings.

8. For proper cause, deny or rescind approval of a
regulated training or educational program for failure to comply with this
chapter or the rules of the board.

9. Adopt rules to approve credential evaluation
services that evaluate the qualifications of applicants who graduated from an
international nursing program.

10. Determine and administer appropriate
disciplinary action against all regulated parties who are found guilty of
violating this chapter or rules adopted by the board.

11. Perform functions necessary to carry out the
requirements of the nursing assistant and nurse aide training and competency
evaluation program as set forth in the omnibus budget reconciliation act of
1987 (P.L. 100-203; 101 Stat. 1330), as amended by the medicare
catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat.
683). These functions shall include:

(a) Testing and registering certified nursing
assistants.

(b) Testing and licensing licensed nursing
assistants.

(c) Maintaining a list of board-approved
training programs.

(d) Maintaining a registry of nursing assistants for
all certified nursing assistants and licensed nursing assistants.

(e) Assessing fees.

12. Adopt rules establishing acts that may be
performed by a registered nurse practitioner or certified nurse midwife
, except that the board does not have authority to decide scope of
practice relating to abortion as defined in section 36-2151
.

13. Adopt rules that prohibit registered nurse
practitioners, clinical nurse specialists or certified nurse midwives from
dispensing a schedule II controlled substance that is an opioid, except for an
implantable device or an opioid that is for medication-assisted treatment
for substance use disorders or as provided in section 32-3248.03.

14. Adopt rules establishing educational
requirements to certify school nurses.

15. Publish copies of board rules and distribute
these copies on request.

16. Require each applicant for initial licensure or
certification to submit a full set of fingerprints to the board for the purpose
of obtaining a state and federal criminal records check pursuant to section 41-1750
and Public Law 92-544. The department of public safety may
exchange this fingerprint data with the federal bureau of investigation.

17. Except for a licensee who has been convicted of
a felony that has been designated a misdemeanor pursuant to section 13-604,
revoke a license of a person, revoke the multistate licensure privilege of a
person pursuant to section 32-1669 or not issue a license or renewal to
an applicant who has one or more felony convictions and who has not received an
absolute discharge from the sentences for all felony convictions three or more
years before the date of filing an application pursuant to this chapter.

18. Establish standards to approve and reapprove
registered nurse practitioner and clinical nurse specialist programs and
provide for surveys of registered nurse practitioner and clinical nurse
specialist programs as the board deems necessary.

19. Provide the licensing authorities of health care
institutions, facilities and homes with any information the board receives
regarding practices that place a patient's health at risk.

20. Limit the multistate licensure privilege of any
person who holds or applies for a license in this state pursuant to section 32-1668.

21. Adopt rules to establish competency standards
for obtaining and maintaining a license.

22. Adopt rules to qualify and certify clinical
nurse specialists.

23. Adopt rules to approve and reapprove refresher
courses for nurses who are not currently practicing.

24. Maintain a list of approved medication assistant
training programs.

25. Test and certify medication assistants.

26. Maintain a registry and disciplinary record of
medication assistants who are certified pursuant to this chapter.

27. Adopt rules to establish the requirements for a
clinical nurse specialist to prescribe and dispense drugs and devices
consistent with section 32-1651 and within the clinical nurse
specialist's population or disease focus.

28. Issue registrations to administer general
anesthesia and sedation in dental offices and dental clinics pursuant to
section 32-1272 to certified registered nurse anesthetists who have
national board certification in anesthesiology.

C. The board may conduct an investigation on receipt
of information that indicates that a person or regulated party may have
violated this chapter or a rule adopted pursuant to this
chapter. Following the investigation, the board may take
disciplinary action pursuant to this chapter.

D. The board may limit, revoke or suspend the
privilege of a nurse to practice in this state granted pursuant to section 32-1668.

E. Failure to comply with any final order of the
board, including an order of censure or probation, is cause for suspension or
revocation of a license or a certificate.

F. The president or a member of the board designated
by the president may administer oaths in transacting the business of the board.

END_STATUTE

Sec. 2. Section 32-2501, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-2501.

Definitions

In this chapter, unless the context otherwise requires:

1. "Active license" means a regular
license issued pursuant to this chapter.

2. "Adequate records" means legible
medical records containing, at a minimum, sufficient information to identify
the patient, support the diagnosis, justify the treatment, accurately document
the results, indicate advice and cautionary warnings provided to the patient
and provide sufficient information for another practitioner to assume
continuity of the patient's care at any point in the course of treatment.

3. "Advisory letter" means a
nondisciplinary letter to notify a physician assistant that either:

(a) While there is insufficient evidence to support
disciplinary action, the board believes that continuation of the activities
that led to the investigation may result in further board action against the
licensee.

(b) The violation is a minor or technical violation
that is not of sufficient merit to warrant disciplinary action.

(c) While the licensee has demonstrated substantial
compliance through rehabilitation or remediation that has mitigated the need
for disciplinary action, the board believes that repetition of the activities
that led to the investigation may result in further board action against the
licensee.

4. "Approved program" means a physician
assistant educational program accredited by the accreditation review commission
on education for physician assistants, or one of its predecessor agencies, the
committee on allied health education and accreditation or the commission on the
accreditation of allied health educational programs.

5. "Board" means the Arizona regulatory
board of physician assistants.

6. "Collaborating physician or entity"
means a physician, physician group practice, physician private practice or
licensed health care institution that employs or collaborates with a physician
assistant who has at least eight thousand hours of clinical practice as
certified by the board pursuant to section 32-2536 and does not require a
supervision agreement and that designates one or more physicians by name or
position who
is
are
responsible for
the oversight of the physician assistant.

7. "Completed application" means an
application for which the applicant has supplied all required fees, information
and correspondence requested by the board on forms and in a manner acceptable
to the board.

8. "Immediate family" means the spouse,
natural or adopted children, father, mother, brothers and sisters of the
physician assistant and the natural or adopted children, father, mother,
brothers and sisters of the physician assistant's spouse.

9. "Letter of reprimand" means a
disciplinary letter that is issued by the board and that informs the physician
assistant that the physician assistant's conduct violates state or federal law
and may require the board to monitor the physician assistant.

10. "Limit" means a nondisciplinary action
that is taken by the board and that alters a physician assistant's practice or
medical activities if there is evidence that the physician assistant is or may
be mentally or physically unable to safely engage in health care tasks.

11. "Medically incompetent" means that a
physician assistant lacks sufficient medical knowledge or skills, or both, in
performing delegated health care tasks to a degree likely to endanger the
health or safety of patients.

12. "Minor surgery"
:

(a)
means those invasive
procedures that may be performed by a physician assistant, that are consistent
with the training and experience of the physician assistant, that are normally
taught in courses of training approved by the board, that have been approved by
the board as falling within the scope of practice of a physician assistant and
that are consistent with the practice setting requirements of the physician
assistant.�

(b) Does not include a surgical
abortion.

13. "Physician" means a physician who is
licensed pursuant to chapter 13 or 17 of this title.

14. "Physician assistant" means a person
who is licensed pursuant to this chapter.

15. "Regular license" means a valid and
existing license that is issued pursuant to section 32-2521 to perform
health care tasks.

16. "Restrict" means a disciplinary action
that is taken by the board and that alters a physician assistant's practice or
medical activities if there is evidence that the physician assistant is or may
be medically incompetent or guilty of unprofessional conduct.

17. "Supervising physician" means a
physician who holds a current unrestricted license, who supervises a physician
assistant who has less than eight thousand hours of clinical practice and who
assumes legal responsibility for health care tasks performed by the physician
assistant.

18. "Supervision" means a physician's
opportunity or ability to provide or exercise direction and control over the
services of a physician assistant.� Supervision does not require a physician's
constant physical presence if the supervising physician is or can be easily in
contact with the physician assistant by telecommunication.

19. "Supervision agreement" means a
written or electronic signed agreement that both:

(a) Describes the scope of practice for a physician
assistant who has less than eight thousand hours of clinical practice.

(b) Is between the physician assistant and a
physician or the physician assistant's employer that employs or has on medical
staff at least one physician who may provide oversight, as applicable, and who
holds a current unrestricted license. For the purposes of this
subdivision, "employer" means a physician, physician group practice,
physician private practice or licensed health care institution.

20. "Unprofessional conduct" includes the
following acts by a physician assistant that occur in this state or elsewhere:

(a) Violating any federal or state law or rule that
applies to the performance of health care tasks as a physician assistant.�
Conviction in any court of competent jurisdiction is conclusive evidence of a
violation.

(b) Claiming to be a physician or knowingly allowing
another person to represent that person as a physician.

(c) Performing health care tasks that do not meet
the supervision or collaboration requirements, as applicable, pursuant to
section 32-2531.

(d) Exhibiting a pattern of using or being under the
influence of alcohol or drugs or a similar substance while performing health
care tasks or to the extent that judgment may be impaired and the ability to
perform health care tasks detrimentally affected.

(e) Signing a blank, undated or predated
prescription form.

(f) Committing gross malpractice, repeated
malpractice or any malpractice resulting in the death of a patient.

(g) Representing that a manifestly incurable disease
or infirmity can be permanently cured or that a disease, ailment or infirmity
can be cured by a secret method, procedure, treatment, medicine or device, if
this is not true.

(h) Refusing to divulge to the board on demand the
means, method, procedure, modality of treatment or medicine used in treating a
disease, injury, ailment or infirmity.

(i) Prescribing or dispensing controlled substances
or prescription-only drugs for which the physician assistant is not
approved or in excess of the amount authorized pursuant to this chapter.

(j) Committing any conduct or practice that is or
might be harmful or dangerous to the health of a patient or the public.

(k) Violating a formal order, probation or
stipulation issued by the board.

(l) Failing to clearly disclose the person's
identity as a physician assistant in the course of the physician assistant's
employment.

(m) Failing to use and affix the initials
"P.A." or "P.A.-C." after the physician assistant's
name or signature on charts, prescriptions or professional correspondence.

(n) Procuring or attempting to procure a physician
assistant license by fraud, misrepresentation or knowingly taking advantage of
the mistake of another.

(o) Having professional connection with or lending
the physician assistant's name to an illegal practitioner of any of the healing
arts.

(p) Failing or refusing to maintain adequate records
for a patient.

(q) Using controlled substances that have not been
prescribed by a physician, physician assistant, dentist or nurse practitioner
for use during a prescribed course of treatment.

(r) Prescribing or dispensing controlled substances
to members of the physician assistant's immediate family.

(s) Prescribing, dispensing or administering any
controlled substance or prescription-only drug for other than accepted
therapeutic purposes.

(t) Dispensing a schedule II controlled substance
that is an opioid, except as provided in section 32-2532.

(u) Knowingly making any written or oral false or
fraudulent statement in connection with the performance of health care tasks or
when applying for privileges or renewing an application for privileges at a
health care institution.

(v) Committing a felony, whether or not involving
moral turpitude, or a misdemeanor involving moral turpitude. In
either case, conviction by a court of competent jurisdiction or a plea of no
contest is conclusive evidence of the commission.

(w) Having a certification or license refused,
revoked, suspended, limited or restricted by any other licensing jurisdiction
for the inability to safely and skillfully perform health care tasks or for
unprofessional conduct as defined by that jurisdiction that directly or
indirectly corresponds to any act of unprofessional conduct as prescribed by
this paragraph.

(x) Having sanctions including restriction,
suspension or removal from practice imposed by an agency of the federal
government.

(y) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of or conspiring to
violate a provision of this chapter.

(z) Using the term "doctor" or the
abbreviation "Dr." on a name tag or in a way that leads the public to
believe that the physician assistant is licensed to practice as an allopathic
or osteopathic physician in this state.

(aa) Failing to furnish legally requested
information to the board or its investigator in a timely manner.

(bb) Failing to allow properly authorized board
personnel to examine on demand documents, reports and records of any kind
relating to the physician assistant's performance of health care tasks.

(cc) Knowingly making a false or misleading
statement on a form required by the board or in written correspondence or
attachments furnished to the board.

(dd) Failing to submit to a body fluid examination
and other examinations known to detect the presence of alcohol or other drugs
pursuant to an agreement with the board or an order of the board.

(ee) Violating a formal order, probation agreement
or stipulation issued or entered into by the board or its executive director.

(ff) Except as otherwise required by law,
intentionally betraying a professional secret or intentionally violating a
privileged communication.

(gg) Allowing the use of the licensee's name in any
way to enhance or allow the continuance of the activities of, or maintaining a
professional connection with, an illegal practitioner of medicine or the
performance of health care tasks by a person who is not licensed pursuant to
this chapter.

(hh) Committing false, fraudulent, deceptive or
misleading advertising by a physician assistant or the physician assistant's
staff or representative.

(ii) Knowingly failing to disclose to a patient on a
form that is prescribed by the board and that is dated and signed by the
patient or guardian acknowledging that the patient or guardian has read and
understands that the licensee has a direct financial interest in a separate
diagnostic or treatment agency or in nonroutine goods or services that the
patient is being prescribed and whether the prescribed treatment, goods or
services are available on a competitive basis. This subdivision does
not apply to a referral by one physician assistant to another physician
assistant or to a doctor of medicine or a doctor of osteopathic medicine within
a group working together.

(jj) With the exception of heavy metal poisoning,
using chelation therapy in the treatment of arteriosclerosis or as any other
form of therapy without adequate informed patient consent or without conforming
to generally accepted experimental criteria, including protocols, detailed
records, periodic analysis of results and periodic review by a medical peer
review committee, or without approval by the United States food and drug
administration or its successor agency.

(kk) Prescribing, dispensing or administering
anabolic or androgenic steroids for other than therapeutic purposes.

(ll) Prescribing, dispensing or furnishing a
prescription medication or a prescription-only device as defined in
section 32-1901 to a person unless the licensee first conducts a physical
examination of that person or has previously established a professional
relationship with the person.� This subdivision does not apply to:

(i) A physician assistant who provides temporary
patient care on behalf of the patient's regular treating licensed health care
professional.

(ii) Emergency medical situations as defined in
section 41-1831.

(iii) Prescriptions written to prepare a patient for
a medical examination.

(iv) Prescriptions written or antimicrobials
dispensed to a contact as defined in section 36-661 who is believed to
have had significant exposure risk as defined in section 36-661 with
another person who has been diagnosed with a communicable disease as defined in
section 36-661 by the prescribing or dispensing physician assistant.

(mm) Engaging in sexual conduct with a current
patient or with a former patient within six months after the last medical
consultation unless the patient was the licensee's spouse at the time of the
contact or, immediately preceding the professional relationship, was in a
dating or engagement relationship with the licensee. For the
purposes of this subdivision, "sexual conduct" includes:

(i) Engaging in or soliciting sexual relationships,
whether consensual or nonconsensual.

(ii) Making sexual advances, requesting sexual
favors or engaging in other verbal conduct or physical contact of a sexual
nature with a patient.

(iii) Intentionally viewing a completely or
partially disrobed patient in the course of treatment if the viewing is not
related to patient diagnosis or treatment under current practice standards.

(nn) Performing health care tasks under a false or
assumed name in this state.
END_STATUTE

Sec. 3. Section 32-2531, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-2531.

Physician assistant scope of practice; health care tasks;
supervision agreements; supervising physician duties; civil penalty

A.
Except as prohibited in subsection
E of this section,
A physician assistant may provide any legal medical
service for which the physician assistant has been prepared by education,
training and experience and that the physician assistant is competent to
perform, including:

1. Obtaining comprehensive health histories and
performing physical examinations.

2. Evaluating and diagnosing patients and managing
and providing medical treatment and therapeutic interventions.

3. Ordering, performing and interpreting diagnostic
studies and therapeutic procedures.

4. Educating patients on health promotion and
disease prevention and providing counseling and education to meet patient
needs.

5. Providing consultation on request.

6. Writing medical orders.

7. Obtaining informed consent.

8. Assisting in surgery.

9. Delegating and assigning therapeutic and
diagnostic measures to and supervising licensed or unlicensed personnel.

10. Making appropriate referrals.

11. Ordering, prescribing, dispensing and
administering drugs and medical devices.

12. Prescribing prescription-only medications.

13. Prescribing schedule IV or schedule V controlled
substances as defined in the controlled substances act (P.L. 91-513; 84 Stat.
1242; 21 United States Code section 802).

14. Prescribing schedule II and schedule III
controlled substances as defined in the controlled substances act.

15. Performing minor surgery.

16. Performing nonsurgical health care tasks that
are normally taught in courses of training approved by the board and that are
consistent with the physician assistant's education, training and experience.

17. Certifying the health or disability of a patient
as required by any local, state or federal program.

18. Ordering home health services.

B. Pursuant to the requirements of this chapter and
the standard of care, a physician assistant who has at least eight thousand
hours of clinical practice certified by the board pursuant to section 32-2536
is not required to practice pursuant to a supervision agreement but shall
continue to collaborate with, consult with or refer to the appropriate health
care professional as indicated by the patient's condition and by the physician
assistant's education, experience and competencies. The level of
collaboration required by this subsection is determined by the policies of the
practice setting at which the physician assistant is employed, including a
physician employer, physician group practice or health care
institution. Collaboration, consultation or a referral pursuant to
this subsection may occur through electronic means and does not require the
physical presence of the appropriate health care professional at the time or
place the physician assistant provides medical services.� This subsection does
not prohibit a physician assistant who has at least eight thousand hours of
clinical practice certified by the board pursuant to section 32-2536 from
practicing pursuant to a supervision agreement.

C. A physician assistant who has less than eight
thousand hours of clinical practice certified by the board shall work in
accordance with a supervision agreement that describes the physician
assistant's scope of practice.� A physician assistant may not perform health
care tasks until the physician assistant has completed and signed a supervision
agreement. Under a supervision agreement, supervision may occur through
electronic means and does not require the physical presence of the supervising
physician at the time or place the physician assistant provides medical
services. The supervision agreement must be kept on file at the main
location of the physician assistant's practice and, on request, be made
available to the board or the board's representative. On receipt of
board certification of the physician assistant's completion of at least eight
thousand hours of clinical practice, a physician assistant is no longer subject
to the requirements of this subsection. The board may count practice
hours earned in another jurisdiction toward the hours of clinical practice
required by this subsection.

D. A physician assistant who does not practice
pursuant to a supervision agreement is legally responsible for the health care
services performed by the physician assistant.

E. A physician assistant shall not
perform surgical abortions as defined in section 36-2151.

F.
E.
A
physician assistant may pronounce death and may authenticate, by the physician
assistant's signature, certification, stamp, verification, affidavit or
endorsement, any form that may be authenticated by a physician's signature,
certification, stamp, verification, affidavit or endorsement.

G.
F.
The
board by rule may prescribe a civil penalty for a violation of this
article. The
civil
penalty shall not exceed
$50 for each violation. The board shall deposit, pursuant to
sections 35-146 and 35-147, all monies
it

the board
receives
from this penalty

pursuant to this subsection
in the state general
fund. A physician assistant and the supervising physician or
collaborating physician or entity may contest the imposition of this
civil
penalty pursuant to board rule. The imposition
of a civil penalty is public information, and the board may use this
information in any future disciplinary actions.
END_STATUTE

Sec. 4. Section 32-2532, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-2532.

Prescribing, administering and dispensing drugs; limits and
requirements; notice

A. Except as provided in subsection G of this
section, a physician assistant shall not prescribe, dispense or administer:

1. A schedule II or schedule III controlled
substance as defined in the controlled substances act (P.L. 91-513; 84
Stat. 1242; 21 United States Code section 802) without board approval and
United States drug enforcement administration registration.� If the physician
assistant has less than eight thousand clinical practice hours, the supervision
agreement shall specify the physician assistant's ability to prescribe,
dispense or administer a schedule II or schedule III controlled substance.

2. A schedule IV or schedule V controlled substance
as defined in the controlled substances act without United States drug
enforcement administration registration. If the physician assistant
has less than eight thousand clinical practice hours, the supervision agreement
shall specify the physician assistant's ability to prescribe, dispense or
administer a schedule IV or schedule V controlled substance.

3. Prescription medication intended to
perform or induce an abortion.

B. If the physician assistant has less than eight
thousand clinical practice hours, the supervision agreement shall specify the
physician assistant's ability to prescribe, dispense or administer prescription-only
medication.

C. All prescription orders issued by a physician
assistant shall contain the name, address and telephone number of the physician
assistant. A physician assistant shall issue prescription orders for controlled
substances under the physician assistant's own United States drug enforcement
administration registration number.

D. If the physician assistant is certified for
prescription privileges pursuant to section 32-2504, subsection A,
initial prescriptions by the physician assistant for schedule II controlled
substances that are opioids are subject to the limits prescribed in sections 32-3248
and 32-3248.01.� For each schedule IV or schedule V controlled substance,
the physician assistant may not prescribe the controlled substance more than
five times in a six-month period for each patient.

E. A prescription by a physician assistant for a
schedule III controlled substance that is an opioid or benzodiazepine is not
refillable without the written consent of a physician.

F. A physician assistant may not dispense, prescribe
or refill prescription-only drugs for a period exceeding one year for
each patient.

G. Except in an emergency, a physician assistant may
dispense schedule II or schedule III controlled substances for a period of use
of not to exceed seventy-two hours with board approval or any other
controlled substance for a period of use of not to exceed ninety days and may
administer controlled substances without board approval if it is medically
indicated in an emergency dealing with potential loss of life or limb or major
acute traumatic pain.� Notwithstanding the authority granted in this subsection,
a physician assistant may not dispense a schedule II controlled substance that
is an opioid, except for an implantable device or an opioid that is for
medication-assisted treatment for substance use disorders or as provided
in section 32-3248.03.

H. Except for samples provided by manufacturers, all
drugs dispensed by a physician assistant shall be labeled to show the name of
the physician assistant.

I. A physician assistant shall not obtain a drug
from any source other than a physician or a pharmacist. A physician
assistant may receive manufacturers' samples.

J. If a physician assistant is approved by the board
to prescribe, administer or dispense schedule II and schedule III controlled
substances, the physician assistant shall maintain an up-to-date
and complete log of all schedule II and schedule III controlled substances the
physician assistant administers or dispenses.� The board may not grant a
physician assistant the authority to dispense schedule II controlled substances
that are opioids, except for implantable devices or opioids that are for
medication-assisted treatment for substance use disorders.

K. The Arizona regulatory board of physician
assistants shall advise the Arizona state board of pharmacy and the United
States drug enforcement administration of all physician assistants who are
authorized to prescribe or dispense drugs and any modification of their
authority.

L. The Arizona state board of pharmacy shall notify
all pharmacies at least quarterly of physician assistants who are authorized to
prescribe or dispense drugs.
END_STATUTE

Sec. 5. Section 36-449.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-449.01.

Definitions

In this article, unless the context otherwise requires:

1. "Abortion"
:

(
a
)
Means
the use of any means with the intent to terminate a woman's pregnancy for
reasons other than 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.
Abortion

(
b
)
Does
not include birth control devices or oral contraceptives.

2. "Abortion clinic" means a facility,
other than a hospital, in which five or more first trimester abortions in any
month or any second or third trimester abortions are performed.

3. "Bodily remains" has the same meaning
prescribed in section 36-2151.

4. "Director" means the
director of the department of health services.

5.

4.
"Final
disposition" has the same meaning prescribed in section 36-301.

5. "Health care provider"
means a physician who is licensed pursuant to title 32, chapter 13 or 17, a physician
assistant who is licensed pursuant to title 32, chapter 25 or a nurse
practitioner or certified nurse midwife who is licensed pursuant to title 32,
chapter 15.

6. "Medication abortion" means the use of
any medication, drug or other substance that is intended to cause or induce an
abortion.

7. "Perform" includes the initial
administration of any medication, drug or other substance intended to cause or
induce an abortion.

8. "Surgical abortion" has the same
meaning prescribed in section 36-2151.

9. "Viable fetus" has the same meaning
prescribed in section 36-2301.01.
END_STATUTE

Sec. 6. Section 36-449.03, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-449.03.

Abortion clinics; rules; civil penalties

A. The director shall adopt rules for an abortion
clinic's physical facilities. At a minimum these rules shall
prescribe standards for:

1. Adequate private space that is specifically
designated for interviewing, counseling and medical evaluations.

2. Dressing rooms for staff and patients.

3. Appropriate lavatory areas.

4. Areas for preprocedure hand washing.

5. Private procedure rooms.

6. Adequate lighting and ventilation for abortion
procedures.

7. Surgical or gynecologic examination tables and
other fixed equipment.

8. Postprocedure recovery rooms that are supervised,
staffed and equipped to meet the patients' needs.

9. Emergency exits to accommodate a stretcher or
gurney.

10. Areas for cleaning and sterilizing instruments.

11. Adequate areas to securely store medical records
and necessary equipment and supplies.

12. The display in the abortion clinic, in a place
that is conspicuous to all patients, of the clinic's current license issued by
the department.

B. The director shall adopt rules to prescribe
abortion clinic supplies and equipment standards, including supplies and
equipment that are required to be immediately available for use or in an
emergency. At a minimum these rules shall:

1. Prescribe required equipment and supplies,
including medications, required to conduct, in an appropriate fashion, any
abortion procedure that the medical staff of the clinic anticipates performing
and to monitor the progress of each patient throughout the procedure and
recovery period.

2. Require that the number or amount of equipment
and supplies at the clinic is adequate at all times to ensure sufficient
quantities of clean and sterilized durable equipment and supplies to meet the
needs of each patient.

3. Prescribe required equipment, supplies and
medications that shall be available and ready for immediate use in an emergency
and requirements for written protocols and procedures to be followed by staff
in an emergency, such as the loss of electrical power.

4. Prescribe required equipment and supplies for
required laboratory tests and requirements for protocols to calibrate and
maintain laboratory equipment at the abortion clinic or operated by clinic
staff.

5. Require ultrasound equipment.

6. Require that all equipment is safe for the
patient and the staff, meets applicable federal standards and is checked
annually to ensure safety and appropriate calibration.

C. The director shall adopt rules relating to
abortion clinic personnel.� At a minimum these rules shall require that:

1. The abortion clinic designate a medical director
of the abortion clinic who is licensed pursuant to title 32, chapter 13, 17 or
29.

2.
Physicians

Health care providers
performing abortions
are licensed
pursuant to title 32, chapter 13 or 17,
demonstrate competence in the
procedure involved and are acceptable to the medical director of the abortion
clinic.

3. A physician is available:

(a) For a surgical abortion who has admitting
privileges at a health care institution that is classified by the director as a
hospital pursuant to section 36-405, subsection B and that is within
thirty miles of the abortion clinic.

(b) For a medication abortion who has admitting
privileges at a health care institution that is classified by the director as a
hospital pursuant to section 36-405, subsection B.

4. If a physician is not present, a registered
nurse, nurse practitioner, licensed practical nurse or physician assistant is
present and remains at the clinic when abortions are performed to provide
postoperative monitoring and care, or monitoring and care after inducing a
medication abortion, until each patient who had an abortion that day is
discharged.

5. Surgical assistants receive training in
counseling, patient advocacy and the specific responsibilities of the services
the surgical assistants provide.

6. Volunteers receive training in the specific
responsibilities of the services the volunteers provide, including counseling
and patient advocacy as provided in the rules adopted by the director for
different types of volunteers based on their responsibilities.

D. The director shall adopt rules relating to the
medical

screening and evaluation of

each
abortion clinic patient. At a minimum these rules shall require:

1. A medical history, including the following:

(a) Reported allergies to medications, antiseptic
solutions or latex.

(b) Obstetric and gynecologic history.

(c) Past surgeries.

2. A physical examination, including a bimanual
examination estimating uterine size and palpation of the adnexa.

3. The appropriate laboratory tests, including:

(a) Urine or blood tests for pregnancy performed
before the abortion procedure.

(b) A test for anemia.

(c) Rh typing, unless reliable written documentation
of blood type is available.

(d) Other tests as indicated from the physical
examination.

4. An ultrasound evaluation for all
patients. The rules shall require that if a person who is not a
physician performs an ultrasound examination, that person shall have documented
evidence that the person completed a course in operating ultrasound equipment
as prescribed in rule.� The physician or other health care professional shall
review, at the request of the patient, the ultrasound evaluation results with
the patient before the abortion procedure is performed, including the probable
gestational age of the fetus.

5.

4.
That

the
a
physician
,

is
nurse practitioner, certified nurse
midwife or physician assistant

be
responsible for
estimating the gestational age of the fetus based on
the
ultrasound examination and
obstetric standards in keeping with
established standards of care regarding the estimation of fetal age as defined
in rule and
shall
write the estimate in the patient's
medical history. The physician
, nurse practitioner,
certified nurse midwife or physician assistant
shall keep original
prints of
each

any
ultrasound
examination of a patient in the patient's medical history file.

E. The director shall adopt rules relating to the
abortion procedure.� At a minimum these rules shall require:

1. That medical personnel is available to all
patients throughout the abortion procedure.

2. Standards for the safe conduct of abortion
procedures that conform to obstetric standards in keeping with established
standards of care regarding the estimation of fetal age as defined in rule.

3. Appropriate use of local anesthesia, analgesia
and sedation if ordered by the physician
, nurse practitioner,
certified nurse midwife or physician assistant
.

4. The use of appropriate precautions, such as
establishing intravenous access at least for patients undergoing second or
third trimester abortions.

5. The use of appropriate monitoring of the vital
signs and other defined signs and markers of the patient's status throughout
the abortion procedure and during the recovery period until the patient's
condition is deemed to be stable in the recovery room.

6. For abortion clinics performing or inducing an
abortion for a woman whose unborn child is the gestational age of twenty weeks
or more, minimum equipment standards to assist the physician in complying with
section 36-2301. For the purposes of this paragraph,
"abortion" and "gestational age" have the same meanings
prescribed in section 36-2151.

F. The director shall adopt rules relating to the
final disposition of bodily remains.� At a minimum these rules shall require
that:

1. The final disposition of bodily remains from a
surgical abortion be by cremation or interment.

2. For a surgical abortion, the woman on whom the
abortion is performed has the right to determine the method and location for
final disposition of bodily remains.

G. The director shall adopt rules that prescribe
minimum recovery room standards. At a minimum these rules shall
require that:

1. For a surgical abortion, immediate postprocedure
care, or care provided after inducing a medication abortion, consists of
observation in a supervised recovery room for as long as the patient's
condition warrants.

2. The clinic arrange hospitalization if any
complication beyond the management capability of the staff occurs or is
suspected.

3. A licensed health professional who is trained in
managing the recovery area and who is capable of providing basic
cardiopulmonary resuscitation and related emergency procedures remains on the
premises of the abortion clinic until all patients are discharged.

4. For a surgical abortion, a physician with
admitting privileges at a health care institution that is classified by the
director as a hospital pursuant to section 36-405, subsection B and that
is within thirty miles of the abortion clinic remains on the premises of the
abortion clinic until all patients are stable and are ready to leave the
recovery room and to facilitate the transfer of emergency cases if hospitalization
of the patient or viable fetus is necessary. A physician
, nurse practitioner, certified nurse midwife or physician assistant

shall sign the discharge order and be readily accessible and available until
the last patient is discharged.

5. A physician
, nurse practitioner,
certified nurse midwife or physician assistant
discusses RhO(d) immune
globulin with each patient for whom it is indicated and ensures that it is
offered to the patient in the immediate postoperative period or that it will be
available to her within seventy-two hours after completion of the
abortion procedure.� If the patient refuses, a refusal form approved by the
department shall be signed by the patient and a witness and included in the
medical record.

6. Written instructions with regard to postabortion
coitus, signs of possible problems and general aftercare are given to each
patient.� Each patient shall have specific instructions regarding access to
medical care for complications, including a telephone number to call for
medical emergencies.

7. There is a specified minimum length of time that
a patient remains in the recovery room by type of abortion procedure and
duration of gestation.

8. The physician
, nurse practitioner,
certified nurse midwife or physician assistant
ensures that a licensed
health professional from the abortion clinic makes a good faith effort to
contact the patient by telephone, with the patient's consent, within twenty-four
hours after a surgical abortion to assess the patient's recovery.

9. Equipment and services are located in the
recovery room to provide appropriate emergency resuscitative and life support
procedures pending the transfer of the patient or viable fetus to the hospital.

H. The director shall adopt rules that prescribe
standards for follow-up visits. At a minimum these rules shall
require that:

1. For a surgical abortion, a postabortion medical
visit is offered and, if requested, scheduled for three weeks after the
abortion, including a medical examination and a review of the results of all
laboratory tests.� For a medication abortion, the rules shall require that a
postabortion medical visit is scheduled between one week and three weeks after
the initial dose for a medication abortion to confirm the pregnancy is
completely terminated and to assess the degree of bleeding.

2. A urine pregnancy test is obtained at the time of
the follow-up visit to rule out continuing pregnancy. If a
continuing pregnancy is suspected, the patient shall be evaluated and a
physician
, nurse practitioner, certified nurse midwife or
physician assistant
who performs abortions shall be consulted.

I. The director shall adopt rules to prescribe
minimum abortion clinic incident reporting. At a minimum these rules
shall require that:

1. The abortion clinic records each incident
resulting in a patient's or viable fetus' serious injury occurring at an
abortion clinic and shall report them in writing to the department within ten
days after the incident. For the purposes of this paragraph,
"serious injury" means an injury that occurs at an abortion clinic
and that creates a serious risk of substantial impairment of a major body organ
and includes any injury or condition that requires ambulance transportation of
the patient.

2. If a patient's death occurs, other than a fetal
death properly reported pursuant to law, the abortion clinic reports it to the
department not later than the next department work day.

3. Incident reports are filed with the department
and appropriate professional regulatory boards.

J. The director shall adopt rules relating to
enforcement of this article.� At a minimum, these rules shall require that:

1. For an abortion clinic that is not in substantial
compliance with this article and the rules adopted pursuant to this article and
section 36-2301 or that is in substantial compliance but refuses to carry
out a plan of correction acceptable to the department of any deficiencies that
are listed on the department's statement of deficiency, the department may do
any of the following:

(a) Assess a civil penalty pursuant to section 36-431.01.

(b) Impose an intermediate sanction pursuant to
section 36-427.

(c) Suspend or revoke a license pursuant to section
36-427.

(d) Deny a license.

(e) Bring an action for an injunction pursuant to
section 36-430.

2. In determining the appropriate enforcement
action, the department consider the threat to the health, safety and welfare of
the abortion clinic's patients or the general public, including:

(a) Whether the abortion clinic has repeated
violations of statutes or rules.

(b) Whether the abortion clinic has engaged in a
pattern of noncompliance.

(c) The type, severity and number of violations.

K. The department shall not release personally
identifiable patient or
physician
health
care provider
information.

L. The rules adopted by the director pursuant to
this section do not limit the ability of a physician or other health
professional to advise a patient on any health issue.
END_STATUTE

Sec. 7. Section 36-2151, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-2151.

Definitions

In this article, unless the context otherwise requires:

1. "Abortion"
:

(
a
)
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

(
b
)
Does
not include birth control devices, oral contraceptives used to inhibit or
prevent ovulation, conception or the implantation of a fertilized ovum in the
uterus or the use of any means to save the life or preserve the health of the
unborn child, 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. "Auscultation" means the act of
listening for sounds made by internal organs of the unborn child, specifically
for a heartbeat, using an ultrasound transducer and fetal heart rate monitor.

3. "Bodily remains" means the physical
remains, corpse or body parts of an unborn child who has been expelled or
extracted from his or her mother through abortion.

4. "Conception" means the fusion of a
human spermatozoon with a human ovum.

5. "Final disposition" has the same
meaning prescribed in section 36-301.

6. "Genetic abnormality" has the same
meaning prescribed in section 13-3603.02.

7. "Gestational age" means the age of the
unborn child as calculated from the first day of the last menstrual period of
the pregnant woman.

8. "Health care provider"
means a physician who is licensed pursuant to title 32, chapter 13 or 17, a
nurse practitioner or certified nurse midwife who is licensed pursuant to title
32, chapter 15 or a physician assistant who is licensed pursuant to title 32,
chapter 25.

8.

9.
"Health
professional" has the same meaning prescribed in section 32-3201.

9.

10.
"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.

10.

11.
"Medication
abortion" means the use of any medication, drug or other substance that is
intended to cause or induce an abortion.

11.

12.
"Physician"
means a person who is licensed pursuant to title 32, chapter 13 or 17.

12.

13.
"Pregnant"
or "pregnancy" means a female reproductive condition of having a
developing unborn child in the body and that begins with conception.

13.

14.
"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.

14.

15.
"Surgical
abortion"
:

(
a
)
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

(
b
)
Does
not include
:

(
i
)
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

(
ii
)
Patient
care incidental to the procedure.

15.

16.
"Ultrasound"
means the use of ultrasonic waves for diagnostic or therapeutic purposes to
monitor a developing unborn child.

16.

17.
"Unborn
child" means the offspring of human beings from conception until birth.
END_STATUTE

Sec. 8. Section 36-2152, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2152.

Parental consent; exceptions; hearings; time limits; violations;
classification; civil relief; statute of limitations

A. In addition to the other requirements of this
chapter, a person shall not knowingly perform an abortion on a pregnant
unemancipated minor unless the attending physician
, nurse
PRACTItiONER, certified nurse midwife or physician assistant
has secured
the written and notarized consent from one of the minor's parents or the
minor's guardian or conservator or unless a judge of the superior court
authorizes the physician to perform the abortion pursuant to subsection B of
this section. Notwithstanding section 41-319, the notarized
statement of parental consent and the description of the document or notarial
act recorded in the notary journal are confidential and are not public records.

B. A judge of the superior court, on petition or
motion, and after an appropriate hearing, shall authorize a physician
, nurse PRACTItiONER, certified nurse midwife or physician assistant

to perform the abortion if the judge determines that the pregnant minor is
mature and capable of giving informed consent to the proposed abortion.� If the
judge determines that the pregnant minor is not mature or if the pregnant minor
does not claim to be mature, the judge shall determine whether the performance
of an abortion on her without the consent from one of her parents or her
guardian or conservator would be in her best interests and shall authorize a
physician
, nurse PRACTItiONER, certified nurse midwife or
physician assistant
to perform the abortion without consent if the judge
concludes that the pregnant minor's best interests would be served.

C. If the pregnant minor claims to be mature at a
proceeding held pursuant to subsection B of this section, the minor must prove
by clear and convincing evidence that she is sufficiently mature and capable of
giving informed consent without consulting her parent or legal guardian based
on her experience level, perspective and judgment. In assessing the
pregnant minor's experience level, the court may consider, among other relevant
factors, the minor's age and experiences working outside the home, living away
from home, traveling on her own, handling personal finances and making other
significant decisions. In assessing the pregnant minor's
perspective, the court may consider, among other relevant factors, what steps
the minor took to explore her options and the extent to which she considered
and weighed the potential consequences of each option. In assessing
the pregnant minor's judgment, the court may consider, among other relevant
factors, the minor's conduct since learning of her pregnancy and her
intellectual ability to understand her options and to make an informed
decision.

D. The pregnant minor may participate in the court
proceedings on her own behalf.� The court shall appoint a guardian ad litem for
her.� The court shall advise her that she has the right to court-appointed
counsel and, on her request, shall provide her with counsel unless she appears
through private counsel or she knowingly and intelligently waives her right to
counsel.

E. Proceedings in the court under this section are
confidential and have precedence over other pending matters.� Members of the
public shall not inspect, obtain copies of or otherwise have access to records
of court proceedings under this section unless authorized by law. A
judge who conducts proceedings under this section shall make in writing
specific factual findings and legal conclusions supporting the decision and
shall order a confidential record of the evidence to be maintained, including
the judge's own findings and conclusions.� The minor may file the petition
using a fictitious name.� For the purposes of this subsection, public does not
include judges, clerks, administrators, professionals or other persons employed
by or working under the supervision of the court or employees of other public
agencies who are authorized by state or federal rule or law to inspect and copy
closed court records.

F. The court shall hold the hearing and shall issue
a ruling within forty-eight hours, excluding weekends and holidays, after
the petition is filed. If the court fails to issue a ruling within
this time period, the petition is deemed to have been granted and the consent
requirement is waived.

G. An expedited confidential appeal is available to
a pregnant minor for whom the court denies an order authorizing an abortion
without parental consent. The appellate court shall hold the hearing
and issue a ruling within forty-eight hours, excluding weekends and
holidays, after the petition for appellate review is filed.� Filing fees are
not required of the pregnant minor at either the trial or the appellate level.

H. Parental consent or judicial authorization is not
required under this section if either:

1. The pregnant minor certifies to the attending
physician
, nurse PRACTItiONER, certified nurse midwife or
physician assistant
that the pregnancy resulted from sexual conduct with

a
the
minor by the minor's
parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal
guardian or foster parent or by a person who lives in the same household with
the minor and the minor's mother.� The
physician
health care provider
performing the abortion shall report the
sexual conduct with
a
the

minor to the proper law enforcement officials pursuant to section 13-3620
and shall preserve and forward a sample of the fetal tissue to these officials
for use in a criminal investigation.

2. The attending physician
, nurse
PRACTItiONER, certified nurse midwife or physician assistant
certifies
in the pregnant minor's medical record that, on the basis of the
physician's
health care PROVIDER'S
good faith clinical judgment, the
pregnant minor has a condition that so complicates her medical condition 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 major bodily function.

I. A person who performs an abortion in violation of
this section is guilty of a class 1 misdemeanor. A person who
intentionally causes, aids or assists a minor in obtaining an abortion in
violation of this section is guilty of a class 1 misdemeanor.� A person is not
subject to any liability under this section if the person establishes by
written evidence that the person relied on evidence sufficient to convince a
careful and prudent person that the representations of the pregnant minor
regarding information necessary to comply with this section are true.

J. In addition to other remedies available under the
common or statutory law of this state, one or both of the minor's parents or
the minor's guardian may bring a civil action in the superior court in the
county in which the parents or the guardian resides to obtain appropriate
relief for a violation of this section, unless the pregnancy resulted from the
criminal conduct of the parent or guardian.� The civil action may be based on a
claim that failure to obtain consent was a result of simple negligence, gross
negligence, wantonness, wilfulness, intention or any other legal standard of
care.� The civil action may be brought against the person who performs the
abortion in violation of this section and any person who causes, aids or
assists a minor
to obtain

in obtaining
an
abortion without meeting the requirements of this section. Relief
pursuant to this subsection includes the following:

1. Money damages for all psychological, emotional
and physical injuries that result from the violation of this section.

2. Statutory damages in an amount equal to $5,000 or
three times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

K. A civil action brought pursuant to this section
must be initiated within six years after the violation occurred.

L. The consent required by this section must be
obtained on a form prescribed by the department of health services.� At a
minimum, the form must:

1. List the possible medical risks that may occur
with any surgical, medical or diagnostic procedure, including the potential for
infection, blood clots, hemorrhage, allergic reactions and death.

2. List the possible medical risks that may occur
with a surgical abortion, including hemorrhage, uterine perforation, sterility,
injury to the bowel or bladder, a possible hysterectomy as a result of a
complication or injury during the procedure and failure to remove the unborn
child that may result in an additional procedure.

3. List the possible medical risks that may occur
with a medication abortion, including hemorrhage, infection, failure to remove
the unborn child that may result in an additional procedure, sterility and the
possible continuation of the pregnancy.

4. Require the pregnant minor's and the pregnant
minor's parent's initials on each page of the form and a full signature on the
final page of the form.

5. Include a space for the notary's signature and
seal on the final page of the form.

M. The physician
, nurse PRACTItiONER,
certified nurse midwife or physician assistant
must maintain the form in
the pregnant minor's records for seven years after the date of the procedure or
five years after the date of the minor's maturity, whichever is longer.
END_STATUTE

Sec.
9. Section 36-2153, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2153.

Informed consent; requirements; information; website; signage;
violation; civil relief; statute of limitations

A. An abortion shall not be 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 a medical
emergency and in addition to the other requirements of this chapter, consent to
an abortion is voluntary and informed only if all of the following are true:

1.
At least twenty-four hours

Before the abortion, the physician
, nurse practitioner,
certified nurse midwife or physician assistant
who is to perform the
abortion or the referring physician
, nurse practitioner,
certified nurse midwife or physician assistant
has informed the woman,
orally and in person, of:

(a) The name of the physician
, nurse
PRACTitIONER, certified nurse midwife or physician assistant
who will
perform the abortion.

(b) The nature of the proposed procedure or
treatment.

(c) The immediate and long-term medical risks
associated with the procedure that a reasonable patient would consider material
to the decision of whether or not to undergo the abortion.

(d) Alternatives to the procedure or treatment that
a reasonable patient would consider material to the decision of whether or not
to undergo the abortion.

(e) The probable gestational age of the unborn child
at the time the abortion is to be performed.

(f) The probable anatomical and physiological
characteristics of the unborn child at the time the abortion is to be
performed.

(g) The medical risks associated with carrying the
child to term.

2.
At least twenty-four hours

Before the abortion, the physician
, nurse practitioner,
certified nurse midwife or physician assistant
who is to perform the
abortion, the referring physician
, nurse practitioner, certified
nurse midwife or physician assistant
or a qualified physician, physician
assistant, nurse, psychologist or licensed behavioral health professional to
whom the responsibility has been delegated by
either
the
physician
, nurse practitioner, certified
nurse midwife or physician assistant
has informed the woman, orally and
in person, that:

(a) Medical assistance benefits may be available for
prenatal care, childbirth and neonatal care.

(b) The father of the unborn child is liable to
assist in the support of the child, even if he has offered to pay for the
abortion.� In the case of rape or incest, this information may be omitted.

(c) Public and private agencies and services are
available to assist the woman during her pregnancy and after the birth of her
child if she chooses not to have an abortion, whether she chooses to keep the
child or place the child for adoption.

(d) It is unlawful for any person to coerce a woman
to undergo an abortion.

(e) The woman is free to withhold or withdraw her
consent to the abortion at any time without affecting her right to future care
or treatment and without the loss of any state or federally funded benefits to
which she might otherwise be entitled.

(f) The department of health services maintains a
website that describes the unborn child and lists the agencies that offer
alternatives to abortion.

(g) The woman has the right to review the website
and that a printed copy of the materials on the website will be provided to her
free of charge if she chooses to review these materials.

(h) In the case of a surgical abortion, the woman
has the right to determine final disposition of bodily remains and to be
informed of the available options for locations and methods for disposition of
bodily remains.

3. The information in paragraphs 1 and 2 of this
subsection is provided to the woman individually and in a private room to
protect her privacy and to ensure that the information focuses on her
individual circumstances and that she has adequate opportunity to ask
questions.

4. The woman certifies in writing before the
abortion that the information required to be provided pursuant to paragraphs 1
and 2 of this subsection has been provided.

5. In the case of a surgical abortion, if the woman
desires to exercise her right to determine final disposition of bodily remains,
the woman indicates in writing her choice for the location and method of final
disposition of bodily remains.

B. If a woman has taken mifepristone as part of a
two-drug regimen to terminate her pregnancy, has not yet taken the second
drug and consults an abortion clinic questioning her decision to terminate her
pregnancy or seeking information regarding the health of her fetus or the
efficacy of mifepristone alone to terminate a pregnancy, the abortion clinic
staff shall inform the woman that the use of mifepristone alone to end a
pregnancy is not always effective and that she should immediately consult a
physician
, nurse practitioner, certified nurse midwife or
physician assistant
if she would like more information.

C. If a medical emergency compels the performance of
an abortion, the physician
, nurse practitioner, certified nurse
midwife or physician assistant
shall inform the woman, before the
abortion if possible, of the medical indications supporting the physician's
, nurse practitioner's, certified nurse midwife's or physician
assistant's
judgment that an abortion is necessary to avert the woman's
death or to avert substantial and irreversible impairment of a major bodily
function.

D. The department of
health services shall establish and shall annually update a website that
includes a link to a printable version of all materials listed on the website.�
The materials must be written in an easily understood manner and printed in a
typeface that is large enough to be clearly legible. The website
must include all of the following materials:

1. Information that is organized geographically by
location and that is designed to inform the woman about public and private
agencies and services that are available to assist a woman through pregnancy,
at childbirth and while her child is dependent, including adoption agencies.�
The materials shall include a comprehensive list of the agencies, a description
of the services they offer and the manner in which these agencies may be
contacted, including the agencies' telephone numbers and website addresses.

2. Information on the availability of medical
assistance benefits for prenatal care, childbirth and neonatal care.

3. A statement that it is unlawful for any person to
coerce a woman to undergo an abortion.

4. A statement that any physician
,
nurse practitioner, certified nurse midwife or physician assistant
who
performs an abortion on a woman without obtaining the woman's voluntary and
informed consent or without affording her a private medical consultation may be
liable to the woman for damages in a civil action.

5. A statement that the father of a child is liable
to assist in the support of that child, even if the father has offered to pay
for an abortion, and that the law allows adoptive parents to pay costs of
prenatal care, childbirth and neonatal care.

6. Information that is designed to inform the woman
of the probable anatomical and physiological characteristics of the unborn
child at two-week gestational increments from fertilization to full term,
including pictures or drawings representing the development of unborn children
at two-week gestational increments and any relevant information on the
possibility of the unborn child's survival. The pictures or drawings
must contain the dimensions of the unborn child and must be realistic and
appropriate for each stage of pregnancy. The information provided
pursuant to this paragraph must be objective, nonjudgmental and designed to
convey only accurate scientific information about the unborn child at the
various gestational ages.

7. Objective information that describes the methods
of abortion procedures commonly employed, the medical risks commonly associated
with each procedure, the possible detrimental psychological effects of abortion
and the medical risks commonly associated with carrying a child to term.

8. Information explaining the efficacy of
mifepristone taken alone, without a follow-up drug as part of a two-drug
regimen, to terminate a pregnancy and advising a woman to immediately contact a
physician
, nurse practitioner, certified nurse midwife or
physician assistant
if the woman has taken only mifepristone and
questions her decision to terminate her pregnancy or seeks information
regarding the health of her fetus.

E. An individual who is not a physician
, nurse practitioner, certified nurse midwife or physician assistant

shall not perform a surgical abortion.

F. A person shall not write or
communicate a prescription for a drug or drugs to induce an abortion or require
or obtain payment for a service provided to a patient who has inquired about an
abortion or scheduled an abortion until the twenty-four-hour
reflection period required by subsection A of this section expires.

G.
F.
A
person shall not intimidate or coerce in any way any person to obtain an
abortion.� A parent, a guardian or any other person shall not coerce a minor to
obtain an abortion. If a minor is denied financial support by the
minor's parents, guardians or custodian due to the minor's refusal to have an
abortion performed, the minor is deemed emancipated for the purposes of
eligibility for public assistance benefits, except that the emancipated minor
may not use these benefits to obtain an abortion.

H.
G.
An
abortion clinic as defined in section 36-449.01 shall conspicuously post
signs that are visible to all who enter the abortion clinic, that are clearly
readable and that state it is unlawful for any person to force a woman to have
an abortion and a woman who is being forced to have an abortion has the right
to contact any local or state law enforcement or social service agency to
receive protection from any actual or threatened physical, emotional or
psychological abuse. The signs shall be posted in the waiting room,
consultation rooms and procedure rooms.

I.
H.
A
person shall not require a woman to obtain an abortion as a provision in a
contract or as a condition of employment.

J.
I.
A
physician
, nurse practitioner, certified nurse midwife or
physician assistant
who knowingly violates this section commits an act
of unprofessional conduct and is subject to license suspension or revocation
pursuant to title 32, chapter 13 or 17
by that
health care provider's regulatory board
.

K.
J.
In
addition to other remedies available under the common or statutory law of this
state,
any of the following

a woman on whom
an abortion has been performed without her informed consent as required by this
section
may file a civil action to obtain appropriate relief for a
violation of this section
.
:

1. A woman on whom an abortion has
been performed without her informed consent as required by this section.

2. The father of the unborn child if
the father was married to the mother at the time she received the abortion,
unless the pregnancy resulted from the plaintiff's criminal conduct.

3. A maternal grandparent of the
unborn child if the mother was not at least eighteen years of age at the time
of the abortion, unless the pregnancy resulted from the plaintiff's criminal
conduct.

L.
K.
A civil action filed pursuant to
subsection
K

J
of this section
shall be brought in the superior court in the county in which the woman on whom
the abortion was performed resides and may be based on a claim that failure to
obtain informed consent was a result of simple negligence, gross negligence, wantonness,
wilfulness, intention or any other legal standard of care. Relief
pursuant to subsection
K
j
of
this section includes the following:

1. Money damages for all psychological, emotional
and physical injuries resulting from the violation of this section.

2. Statutory damages in an amount equal to $5,000 or
three times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

M.
L.
A
civil action brought pursuant to this section must be initiated within six
years after the violation occurred.
END_STATUTE

Sec. 10. Section 36-2155, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-2155.

Performance of an abortion by individual who is not a health care
provider; prohibition

A.
An individual who is not a
physician
health care provider
shall not
perform a surgical abortion.

B. For the purposes of this section:

1. "Physician" means a
person who is licensed pursuant to title 32, chapter 13 or 17.

2. "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.

END_STATUTE

Sec. 11. Section 36-2156, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-2156.

Informed consent; violation; civil relief; statute of limitations

A. An abortion shall not be 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 a medical emergency
.
�
and in addition to
the other requirements of this chapter, consent to an abortion is voluntary and
informed only if both of the following are true:

1. At least twenty-four hours
before the woman having any part of an abortion performed or induced, and
before the administration of any anesthesia or medication in preparation for
the abortion on the woman, the physician who is to perform the abortion, the
referring physician or a qualified person working in conjunction with either
physician shall:

(a) Perform fetal ultrasound imaging
and auscultation of fetal heart tone services on the woman undergoing the
abortion.

(b) Offer to provide the woman with an
opportunity to view the active ultrasound image of the unborn child and hear
the heartbeat of the unborn child if the heartbeat is audible.� The active
ultrasound image must be of a quality consistent with standard medical practice
in the community, contain the dimensions of the unborn child and accurately
portray the presence of external members and internal organs, if present or
viewable, of the unborn child.� The auscultation of fetal heart tone must be of
a quality consistent with standard medical practice in the community.

(c) Offer to provide the woman with a
simultaneous explanation of what the ultrasound is depicting, including the
presence and location of the unborn child within the uterus, the number of
unborn children depicted, the dimensions of the unborn child and the presence
of any external members and internal organs, if present or viewable.

(d) Offer to provide the patient with
a physical picture of the ultrasound image of the unborn child.

2. The woman certifies in writing
before the abortion that she has been given the opportunity to view the active
ultrasound image and hear the heartbeat of the unborn child if the heartbeat is
audible and that she opted to view or not view the active ultrasound image and
hear or not hear the heartbeat of the unborn child.

B. A physician
, nurse practitioner,
certified nurse midwife or physician assistant
who knowingly violates
this section commits an act of unprofessional conduct and is subject to license
suspension or revocation
pursuant to title 32, chapter 13 or 17
by that health care provider's regulatory board
.

C. In addition to other remedies available under the
common or statutory law of this state,
any of the following

a woman on whom an abortion has been performed without her
informed consent as required by this section
may file a civil action to
obtain appropriate relief for a violation of this section
.
:

1. A woman on whom an abortion has
been performed without her informed consent as required by this section.

2. The father of the unborn child if
married to the mother at the time she received the abortion, unless the
pregnancy resulted from the plaintiff's criminal conduct.

3. The maternal grandparents of the
unborn child if the mother was not at least eighteen years of age at the time
of the abortion, unless the pregnancy resulted from the plaintiff's criminal
conduct.

D. A civil action filed pursuant to subsection C of
this section shall be brought in the superior court in the county in which the
woman on whom the abortion was performed resides and may be based on a claim
that failure to obtain informed consent was a result of simple negligence,
gross negligence, wantonness, wilfulness, intention or any other legal standard
of care. Relief pursuant to subsection C of this section includes
any of the following:

1. Money damages for all psychological, emotional
and physical injuries resulting from the violation of this section.

2. Statutory damages in an amount equal to
five thousand dollars

$5,000
or three
times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

E. A civil action brought pursuant to this section
must be initiated within six years after the violation occurred.
END_STATUTE

Sec. 12. Section 36-2158, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-2158.

Informed consent; fetal condition; website; unprofessional
conduct; civil relief; statute of limitations; definitions

A. A person shall not perform or induce an abortion
without first obtaining the voluntary and informed consent of the woman on whom
the abortion is to be performed or induced.� Except in the case of a medical
emergency and in addition to the other requirements of this chapter, consent to
an abortion is voluntary and informed only if all of the following occur:

1. In the case of a woman seeking an abortion of her
unborn child diagnosed with a lethal fetal condition,
at least
twenty-four hours
before the abortion the physician
,
nurse practitioner
,
certified
nurse midwife or physician assistant
who is to perform the abortion or
the referring physician
, nurse practitioner, certified nurse
midwife or physician assistant
has informed the woman, orally and in
person, that:

(a) Perinatal hospice services are available and the
physician
, nurse practitioner, certified nurse midwife or
physician assistant
has offered this care as an alternative to abortion.

(b) The department of health services maintains a
website that lists perinatal hospice programs that are available both in this
state and nationally and that are organized geographically by location.

(c) The woman has a right to review the website and
that a printed copy of the materials on the website will be provided to her
free of charge if she chooses to review these materials.

2. In the case of a woman seeking an abortion of her
unborn child diagnosed with a nonlethal fetal condition,
at least
twenty-four hours
before the abortion the physician
,
nurse practitioner, certified nurse midwife or physician assistant
who
is to perform the abortion or the referring physician
, nurse
practitioner, certified nurse midwife or physician assistant
has
informed the woman, orally and in person:

(a) Of up-to-date, evidence-based
information concerning the range of outcomes for individuals living with the
diagnosed condition, including physical, developmental, educational and
psychosocial outcomes.

(b) That the department of health services maintains
a website that lists information regarding support services, hotlines, resource
centers or clearinghouses, national and local peer support groups and other
education and support programs available to assist the woman and her unborn
child, any national or local registries of families willing to adopt newborns
with the nonlethal fetal condition and contact information for adoption
agencies willing to place newborns with the nonlethal fetal condition with families
willing to adopt.

(c) That the woman has a right to review the website
and that a printed copy of the materials on the website will be provided to her
free of charge if she chooses to review these materials.

(d) That section 13-3603.02 prohibits abortion
because of the unborn child's sex or race or because of a genetic abnormality.

3. The woman certifies in writing before the
abortion that the information required to be provided pursuant to this
subsection has been provided.

B. The department of health services shall establish
and annually update a website that includes the information prescribed in
subsection A, paragraph 1, subdivision (b) and paragraph 2, subdivision (b) of
this section.

C. A physician
, nurse practitioner,
certified nurse midwife or physician assistant
who knowingly violates
this section commits an act of unprofessional conduct and is subject to license
suspension or revocation
pursuant to title 32, chapter 13 or 17
by that health care provider's regulatory board
.

D. In addition to other remedies available under the
common or statutory law of this state,
any of the following
individuals

a woman on whom an
abortion has been performed without her informed consent as required by this
section

may file a civil action to obtain
appropriate relief for a violation of this section
.
:

1. A woman on whom an abortion has
been performed without her informed consent as required by this section.

2. The father of the unborn child if
the father was married to the mother at the time she received the abortion,
unless the pregnancy resulted from the father's criminal conduct.

3. A maternal grandparent of the
unborn child if the mother was not at least eighteen years of age at the time
of the abortion, unless the pregnancy resulted from the maternal grandparent's
criminal conduct.

E. A civil action filed pursuant to subsection D of
this section shall be brought in the superior court in the county in which the
woman on whom the abortion was performed resides and may be based on a claim
that failure to obtain informed consent was a result of simple negligence,
gross negligence, wantonness, wilfulness, intention or any other legal standard
of care. Relief pursuant to this subsection includes the following:

1. Money damages for all psychological, emotional
and physical injuries resulting from the violation of this section.

2. Statutory damages in an amount equal to $5,000 or
three times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

F. A civil action brought pursuant to this section
must be initiated within six years after the violation occurred.

G. For the purposes of this section:

1. "Lethal fetal condition" means a fetal
condition that is diagnosed before birth and that will result, with reasonable
certainty, in the death of the unborn child within three months after birth.

2. "Nonlethal fetal condition" means a
fetal condition that is diagnosed before birth and that will not result in the
death of the unborn child within three months after birth but may result in
a
physical or mental disability or abnormality.

3. "Perinatal hospice" means comprehensive
support to the pregnant woman and her family that includes supportive care from
the time of diagnosis through the time of birth and death of the infant and
through the postpartum period. Supportive care may include
counseling and medical care by maternal-fetal medical specialists,
obstetricians, neonatologists, anesthesia specialists, clergy, social workers
and specialty nurses who are focused on alleviating fear and ensuring that the
woman and her family experience the life and death of the child in a
comfortable and supportive environment.
END_STATUTE

Sec. 13.
Repeal

Section 36-2160, Arizona Revised
Statutes, is repealed.

Sec. 14. Section 36-2161, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2161.

Abortions; reporting requirements

A. A hospital or
facility in this state where abortions are performed must submit to the
department of health services on a form prescribed by the department a report
of each abortion performed in the hospital or facility. The report
shall not identify the individual patient by name or include any other
information or identifier that would make it possible to identify, in any
manner or under any circumstances, a woman who has obtained or sought to obtain
an abortion.� The report must include the following information:

1. The name and address of the facility where the
abortion was performed.

2. The type of facility where the abortion was performed.

3. The county where the abortion was performed.

4. The woman's age.

5. The woman's educational background by highest
grade completed and, if applicable, level of college completed.

6. The county and state in which the woman resides.

7. The woman's race and ethnicity.

8. The woman's marital status.

9. The number of prior pregnancies and prior
abortions of the woman.

10. The number of previous spontaneous terminations
of pregnancy of the woman.

11. The gestational age of the unborn child at the
time of the abortion.

12. The reason for the abortion, including at least
one of the following:

(a) The abortion is elective.

(b) The abortion is due to maternal health
considerations, including one of the following:

(i) A premature rupture of membranes.

(ii) An anatomical abnormality.

(iii) Chorioamnionitis.

(iv) Preeclampsia.

(v) Other.

(c) The abortion is due to fetal health
considerations, including the fetus being diagnosed with at least one of the
following:

(i) A lethal anomaly.

(ii) A central nervous system anomaly.

(iii) Other.

(d) The pregnancy is the result of a sexual assault.

(e) The pregnancy is the result of incest.

(f) The woman is being coerced into obtaining an
abortion.

(g) The woman is a victim of sex trafficking.

(h) The woman is a victim of domestic violence.

(i) Other.

(j) The woman declined to answer.

13. The type of procedure performed or prescribed
and the date of the abortion.

14. Any preexisting medical conditions of the woman
that would complicate pregnancy.

15. Any known medical complication that resulted
from the abortion, including at least one of the following:

(a) Shock.

(b) Uterine perforation.

(c) Cervical laceration requiring suture or repair.

(d) Heavy bleeding or hemorrhage with estimated
blood loss of at least five hundred cubic centimeters.

(e) Aspiration or allergic response.

(f) Postprocedure infection.

(g) Sepsis.

(h) Incomplete abortion retaining part of the fetus
requiring reevacuation.

(i) Damage to the uterus.

(j) Failed termination of pregnancy.

(k) Death of the patient.

(l) Other.

(m) None.

16. The basis for any medical judgment that a
medical emergency existed that excused the physician
, nurse
practitioner, certified nurse midwife or physician assistant
from
compliance with the requirements of this chapter.

17. The physician's statement if required pursuant
to section 36-2301.01.

18. If applicable, the weight of the aborted fetus
for any abortion performed pursuant to section 36-2301.01.

19. Whether a fetus or embryo was delivered alive as
defined in section 36-2301 during or immediately after an attempted
abortion and the efforts made to promote, preserve and maintain the life of the
fetus or embryo pursuant to section 36-2301.

20. Statements by the physician and all clinical
staff who observed the fetus or embryo during or immediately after the abortion
certifying under penalty of perjury that, to the best of their knowledge, the
aborted fetus or embryo was not delivered alive as defined in section 36-2301.

21. The medical specialty of the physician
, nurse practitioner, certified nurse midwife or physician assistant

performing the abortion, including one of the following:

(a) Obstetrics-gynecology.

(b) General or family practice.

(c) Emergency medicine.

(d) Other.

22. The type of admission for the patient, including
whether the abortion was performed:

(a) As an outpatient procedure in an abortion
clinic.

(b) As an outpatient procedure at a hospital.

(c) As an inpatient procedure at a hospital.

(d) As an outpatient procedure at a health care
institution other than an abortion clinic or hospital.

23. Whether anesthesia was administered to the
mother.

24. Whether anesthesia was administered to the
unborn child.

25. Whether any genetic abnormality of the unborn
child was detected at or before the time of the abortion by genetic testing,
such as maternal serum tests, or by ultrasound, such as nuchal translucency
screening, or by other forms of testing.

26. If a surgical abortion was performed, the method
of final disposition of bodily remains and whether the woman exercised her
right to choose the final disposition of bodily remains.

B. The hospital or facility
shall request the information specified in subsection A, paragraph 12 of this
section at the same time the information pursuant to section 36-2153 is
provided to the woman individually and in a private room to protect the woman's
privacy. The information requested pursuant to subsection A,
paragraph 12 of this section may be obtained on a medical form provided to the
woman to complete if the woman completes the form individually and in a private
room.

C. If the woman who is seeking the abortion
discloses that the abortion is being sought because of a reason described in
subsection A, paragraph 12, subdivision (d), (e), (f), (g) or (h) of this
section, the hospital or facility shall provide the woman with information
regarding the woman's right to report a crime to law enforcement and resources
available for assistance and services, including a national human trafficking
resource hotline.

D. The report must be signed by the physician
, nurse practitioner, certified nurse midwife or physician assistant

who performed the abortion or, if a health professional other than a physician
, nurse practitioner, certified nurse midwife or physician assistant

is authorized by law to prescribe or administer abortion medication, the
signature and title of the person who prescribed or administered the abortion
medication. The form may be signed electronically and shall indicate
that the person who signs the report is attesting that the information in the
report is correct to the best of the person's knowledge. The
hospital or facility must transmit the report to the department within fifteen
days after the last day of each reporting month.

E. Any report filed pursuant to this section shall
be filed electronically at an internet website that is designated by the
department unless the person required to file the report applies for a waiver
from electronic reporting by submitting a written request to the department.
END_STATUTE

Sec. 15. Section 36-2162.01, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2162.01.

Informed consent; reporting requirements

A. A physician
, nurse practitioner, certified nurse midwife or physician assistant

in this state who provides informed consent information regarding abortion
pursuant to section 36-2153
or performs fetal ultrasound
imaging and auscultation of fetal heart tone services pursuant to section 36-2156

or who delegates to
a

ANOTHER
person
authorized by section 36-2153
or 36-2156
the
duty to provide the information or services required by
those
sections

that section
shall submit to the
department of health services on a form prescribed by the department a report
that includes the following information:

1. The number of women to whom the physician
, nurse practitioner, certified nurse midwife or physician assistant

provided the information described in section 36-2153, subsection A,
paragraph 1, and, of those women, the number provided in the capacity of a
referring physician
, nurse practitioner, certified nurse midwife
or physician assistant
and the number provided in the capacity of a
physician
, nurse practitioner, certified nurse midwife or
physician assistant
who is to perform the abortion.

2. The number of women to whom the physician,
physician assistant, nurse, psychologist or licensed behavioral health
professional provided the information described in section 36-2153,
subsection A, paragraph 2, and, of those women, the number provided in the
capacity of a referring physician
, nurse practitioner, certified
nurse midwife or physician assistant
and the number provided in the
capacity of a physician
, nurse practitioner, certified nurse
midwife or physician assistant
who is to perform the abortion, and, of
each of those numbers, the number provided by the physician
,
nurse practitioner, certified nurse midwife or physician assistant
and
the number provided by a physician assistant, nurse, psychologist or licensed
behavioral health professional.

3. The number of women for whom the physician
, nurse practitioner, certified nurse midwife or physician assistant

or qualified person working in conjunction with the physician
,
nurse practitioner, certified nurse midwife or physician assistant

performed fetal ultrasound imaging and auscultation of fetal heart tone
services
described in section 36-2156, subsection A,
paragraph 1,
and, of those numbers, the number provided in the capacity
of a referring physician
, nurse practitioner, certified nurse
midwife or physician assistant
and the number provided in the capacity
of a physician
, nurse practitioner, certified nurse midwife or
physician assistant
who is to perform the abortion, and, of each of
those numbers, the number provided by the physician
, nurse
practitioner, certified nurse midwife or physician assistant
and the
number provided by a qualified person working in conjunction with the physician
, nurse practitioner, certified nurse midwife or physician assistant
.

4. The number of abortions performed by the
physician
, nurse practitioner, certified nurse midwife or
physician assistant
in which information required by sections 36-2153
and 36-2156 to be provided
at least twenty-four hours

before the abortion was not provided because a medical emergency compelled the
performance of an abortion to avert the woman's death and the number of
abortions in which this required information was not provided because a medical
emergency compelled the performance of an abortion to avert substantial and
irreversible impairment of a major bodily function of the woman.

B. The report may not identify the individual
patient by name or include any other information or identifier that would make
it possible to identify, in any manner or under any circumstances, a woman who
has obtained or sought to obtain an abortion.

C. The report shall be signed by the physician
, nurse practitioner, certified nurse midwife or physician assistant

who provided to the woman the information required by section 36-2153,
subsection A, paragraph 1 or the physician
, nurse practitioner,
certified nurse midwife or physician assistant
who delegated the duty to
another person authorized by law to provide to the woman the information
required by section 36-2153, subsection A, paragraph 2
or
section 36-2156, subsection A, paragraph 1
. The form may be signed
electronically and shall indicate that the physician
, nurse
practitioner, certified nurse midwife or physician assistant
who signs
the report is attesting that the information in the report is correct to the
best of the
physician's
health care
provider's
knowledge.� The physician
, nurse practitioner,
certified nurse midwife or physician assistant
must transmit the report
to the department within fifteen days after the last day of each reporting
month.

D. Any report filed pursuant to this section shall
be filed electronically at an internet website that is designated by the
department unless the person required to file the report applies for a waiver
from electronic reporting by submitting a written request to the department.
END_STATUTE

Sec. 16. Section 36-2301, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-2301.

Duty to promote life of fetus or embryo delivered alive; rules;
judicial enforcement; civil action; damages; definitions

A. If an abortion is performed and a human fetus or
embryo is delivered alive, it is the duty of any physician performing such an
abortion and any additional physician in attendance as required by section 36-2301.01
to see that all available means and medical skills are used to promote,
preserve and maintain the life of such a fetus or embryo.

B. If an abortion is performed and a human fetus or
embryo is delivered alive, the physician performing the abortion shall document
and report to the department of health services the measures the physician
performed to maintain the life of the fetus or embryo. If an
abortion is performed and a human fetus or embryo with a lethal fetal condition
is delivered alive, the physician performing the abortion shall also document
and report to the department of health services the specific lethal fetal
condition that was diagnosed before the performance of the abortion and that
was confirmed by an examination performed after the human embryo or fetus was
delivered alive.

C. Before an abortion of a human fetus or embryo
diagnosed with a lethal fetal condition, the physician
, nurse
practitioner, certified nurse midwife or physician assistant
performing
the abortion must comply with the requirements of section 36-2158,
subsection A and shall also inform the woman, orally and in person, that if the
fetus or embryo is delivered alive, the diagnosis must be confirmed after the
delivery and the standard of care required in subsection D of this section must
be given.

D. The director of the department of health services
shall prescribe rules requiring an abortion clinic or a hospital that performs
or induces an abortion at or after twenty weeks' gestational age as defined in
section 36-2151 to establish, document and implement policies and
procedures to ensure compliance with this section. At a minimum,
these policies and procedures shall require that:

1. In the case of an abortion clinic, a person is
designated to contact emergency services immediately at the birth of a fetus or
embryo delivered alive to arrange transfer to a hospital.

2. At least one person who is trained in neonatal
resuscitation is present in the room where the abortion takes place for any
abortion performed or induced at or after twenty weeks' gestational age.

3. Establish a protocol for rapid neonatal
resuscitation of a fetus or embryo delivered alive, including assessing
respiration and heart rate, clearing secretions, positioning the airway,
providing warmth, drying and administering oxygen as needed.

E. If an abortion is performed and a human fetus or
embryo with a lethal fetal condition is delivered alive, and the protocol for
rapid neonatal resuscitation of a fetus or embryo pursuant to subsection D of
this section is complied with and any further treatment beyond what is
prescribed pursuant to subsection D of this section will do no more than
temporarily prolong the act of dying when death is imminent, no further
treatment is required by this section.

F. A hospital that is not in substantial compliance
with the rules or policies and procedures adopted pursuant to this section may
be subject to the penalties and sanctions specified in sections 36-427
and 36-431.01.

G. An action to enforce this section shall be
brought in the name of the state by the attorney general or the county attorney
in the superior court in the county in which the violation occurred.

H. In addition to other remedies available under the
common or statutory law of this state, any of the following persons may file a
civil action to obtain appropriate relief for a violation of this section:

1. The mother of the human fetus or embryo delivered
alive.

2. The father of the human fetus or embryo delivered
alive, unless the pregnancy resulted from the plaintiff's criminal conduct.

3. A maternal grandparent of the human fetus or
embryo delivered alive if the mother was not at least eighteen years of age at
the time of the abortion, unless the pregnancy resulted from the plaintiff's
criminal conduct.

I. A civil action filed pursuant to subsection H of
this section shall be brought in the superior court in the county in which the
woman on whom the abortion was performed resides and may be based on a claim
that the failure to see that all available means and medical skills were used
to promote, preserve and maintain the life of the human fetus or embryo was a
result of simple negligence, gross negligence or wanton, wilful or intentional
misconduct or any other legal standard of care.� Relief for a civil action
filed pursuant to subsection H of this section may include any of the
following:

1. Monetary damages for psychological, emotional and
physical injuries resulting from the violation of this section.

2. Statutory damages in an amount equal to
five thousand dollars

$5,000
or three
times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

J. A civil action brought pursuant to this section
must be initiated within six years after the violation occurred.

K. For the purposes of this section:

1. "Abortion" has the same meaning
prescribed in section 36-2151.

2. "Delivered alive" means the complete
expulsion or extraction from the mother of a fetus or embryo, regardless of the
state of gestational development, who, after expulsion or extraction, whether
or not the umbilical cord has been cut or the placenta is attached, shows any
evidence of life, including one or more of the following:

(a) Breathing.

(b) A heartbeat.

(c) Umbilical cord pulsation.

(d) Definite movement of voluntary muscles.

3. "Lethal fetal condition" has the same
meaning prescribed in section 36-2158.
END_STATUTE

Sec. 17. Section 36-2301.01, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2301.01.

Abortion of viable fetus; requirements; definitions

A. A physician shall not knowingly perform an
abortion of a viable fetus unless:

1. The physician states in writing before the
abortion is performed that the abortion is necessary to preserve the life or
health of the woman, specifying the medical indications for and the probable
health consequences of the abortion. The physician shall attach a
copy of this statement to any fetal death report filed pursuant to section 11-593
or fetal death registration filed pursuant to section 36-329.

2. The physician uses the available method or
technique of abortion most likely to preserve the life and health of the fetus,
unless the use of such method or technique would present a greater risk to the
life or health of the woman than the use of another available method or
technique.

3. The physician states in writing the available
methods or techniques considered, the method or technique used and the reasons
for choosing that method or technique. The physician shall attach a
copy of this statement to any fetal death report filed pursuant to section 11-593
or fetal death registration filed pursuant to section 36-329.

4. In addition to the physician performing the
abortion, there is another physician in attendance who shall take control of
and provide immediate medical care for a living child born as a result of the
abortion.

5. The physician takes all reasonable steps during
the performance of the abortion, consistent with the procedure used and in
keeping with good medical practice, to preserve the life and health of the
fetus, if these steps do not pose an increased risk to the life or health of
the woman on whom the abortion is performed.

B. This section does not apply if there is a medical
emergency.

C. For the purposes of this section
and
section 36-2301.02
:

1. "Abortion" has the same meaning
prescribed in section 36-2151.

2. "Medical emergency" means a condition
that, on the basis of the physician's good faith clinical judgment, so
complicates a pregnancy as to necessitate the immediate abortion of the
pregnancy to avoid the woman's death or for which a delay will create serious
risk of substantial and irreversible impairment of a major bodily function.

3. "Physician" means any person licensed
under title 32, chapter 13 or 17.

4. "Viable
fetus" means the unborn offspring of human beings that has reached a stage
of fetal development so that, in the judgment of the attending physician on the
particular facts of the case, there is a reasonable probability of the fetus'
sustained survival outside the uterus, with or without artificial support.
END_STATUTE

Sec. 18.
Repeal

Section 36-2301.02, Arizona Revised
Statutes, is repealed.