Signed by Governor Doug Ducey

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that requires physicians who perform abortions to attempt to revive a fetus if it shows any signs of life.

Highlights:

• Requires that a physician performing an abortion attempt to revive a fetus or embryo if it shows any signs of life including (Sec. 4):

• Breathing;

• A heartbeat;

• Umbilical cord pulsation; or

• Definitive movement of voluntary muscles.

• Requires physicians performing abortions to inform the woman that if the fetus or embryo is delivered alive, the normal standard of care for newborns that is required by law must be given (Sec. 4).

• Requires a designated person to contact Emergency Services for transport to a hospital immediately in cases that a fetus or embryo shows signs of life (Sec. 4).

• Requires that a person trained in neonatal resuscitation be present in the room where the abortion takes place if the gestational age is beyond 20 weeks (Sec. 4).

• Requires that a hospital or abortion clinic establish a protocol for resuscitation if a fetus or embryo is delivered alive (Sec. 4).

• Requires that this law be enforced by the State Attorney General or the County Attorney in the county in which the violation occurred (Sec. 4).

• Specifies that any of the following individuals may file a civil action to obtain an appropriate relief for a violation of this law, including failure to see that all available means and medical skills were used to promote, preserve, and maintain life of the fetus (Sec. 4):

• The mother of the human fetus or embryo delivered alive;

• The father of the human fetus or embryo delivered, unless the pregnancy resulted from the Plaintiff’s criminal conduct; or

• A maternal grandparent of the human fetus or embryo delivered alive if the mother was not at least 18 years of age at the time of the abortion, unless the pregnancy resulted from the plaintiff’s criminal conduct.

• Authorizes civil action relief for violation of this law to include any of the following (Sec. 4):

• Monetary damages for psychological, emotional, and physical injuries resulting from the violation;

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

• Reasonable attorney fees and costs.

• Requires the department of health services to create a statistical report of a breakdown of the number of abortions and the gestational age of the fetus at the time of the abortion and the type of procedure performed or prescribed (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires physicians who perform abortions to attempt to revive a fetus if it shows any signs of life.

Highlights:

• Requires that a physician performing an abortion attempt to revive a fetus or embryo if it shows any signs of life including (Sec. 4):

• Breathing;

• A heartbeat;

• Umbilical cord pulsation; or

• Definitive movement of voluntary muscles.

• Requires physicians performing abortions to inform the woman that if the fetus or embryo is delivered alive, the normal standard of care for newborns that is required by law must be given (Sec. 4).

• Requires a designated person to contact Emergency Services for transport to a hospital immediately in cases that a fetus or embryo shows signs of life (Sec. 4).

• Requires that a person trained in neonatal resuscitation be present in the room where the abortion takes place if the gestational age is beyond 20 weeks (Sec. 4).

• Requires that a hospital or abortion clinic establish a protocol for resuscitation if a fetus or embryo is delivered alive (Sec. 4).

• Requires that this law be enforced by the State Attorney General or the County Attorney in the county in which the violation occurred (Sec. 4).

• Specifies that any of the following individuals may file a civil action to obtain an appropriate relief for a violation of this law, including failure to see that all available means and medical skills were used to promote, preserve, and maintain life of the fetus (Sec. 4):

• The mother of the human fetus or embryo delivered alive;

• The father of the human fetus or embryo delivered, unless the pregnancy resulted from the Plaintiff’s criminal conduct; or

• A maternal grandparent of the human fetus or embryo delivered alive if the mother was not at least 18 years of age at the time of the abortion, unless the pregnancy resulted from the plaintiff’s criminal conduct.

• Authorizes civil action relief for violation of this law to include any of the following (Sec. 4):

• Monetary damages for psychological, emotional, and physical injuries resulting from the violation;

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

• Reasonable attorney fees and costs.

• Requires the department of health services to create a statistical report of a breakdown of the number of abortions and the gestational age of the fetus at the time of the abortion and the type of procedure performed or prescribed (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires physicians who perform abortions to attempt to revive a fetus if it shows any signs of life.

Highlights:

• Requires that a physican performing an abortion attempt to revive a fetus or embryo if it shows any signs of life, including (Sec. 4):
• Breathing;
• A heartbeat;
• Umbilical cord pulsation; or
• Definitive movement of voluntary muscles.

• Requires a designated person to contact Emergency Services for transport to a hospital immediately in cases that a fetus or embryo shows signs of life (Sec. 4).

• Requires that a person trained in neonatal resuscitation be present in the room where the abortion takes place if the gestational age is beyond 20 weeks (Sec. 4).

• Requires that a hospital or abortion clinic establish a protocol for resuscitation if a fetus or embryo is delivered alive (Sec. 4).

• Requires that this law be enforced by the State Attorney General or the County Attorney in the county in which the violation occurred (Sec. 4).

• Specifies that any of the following individuals may file a civil action to obtain an appropriate relief for a violation of this law, including failure to see that all available means and medical skills were used to promote, preserve, and maintain life of the fetus (Sec. 4):
• The mother of the human fetus or embryo delivered alive;
• The father of the human fetus or embryo delivered, unless the pregnancy resulted from the Plaintiff’s criminal conduct; or
• A maternal grandparent of the human fetus or embryo delivered alive if the mother was not at least 18 years of age at the time of the abortion, unless the pregnancy resulted from the plaintiff’s criminal conduct.

• Authorizes civil action relief for violation of this law to include any of the following (Sec. 4):
• Monetary damages for psychological, emotional, and physical injuries resulting from the violation;
• Statutory damages in an amount equal to $5,000 or three times the cost of the abortion, whichever is greater; or
• Reasonable attorney fees and costs.

• Requires the department of health services to create a statistical report of a breakdown of the number of abortions and the gestational age of the fetus at the time of the abortion and the type of procedure performed or prescribed (Sec. 3). 

Full Bill Text