ARIZONA 2022 Fifty-fifth Legislature - Second Regular Session
SB 1164, Chapter 105
AN ACT
Amending title 36, chapter 23, Arizona Revised Statutes, by adding article 3; relating to abortion
Be it enacted by the Legislature of the State of Arizona:
ARTICLE 3. GESTATIONAL LIMIT ON ABORTION
36-2321. Definitions
In this article, unless the context otherwise requires:
1. "Abortion" has the same meaning prescribed in section 36-2151.
2. "Attempt to perform or induce an abortion" means to do or to omit doing anything that, under the circumstances as the physician believes them to be, is an act or omission that constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in violation of this article.
3. "Department" means the department of health services.
4. "Gestational age" or "probable gestational age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman.
5. "Human being" means an individual member of the species homo sapiens, from and after the point of conception.
6. "Major bodily function" includes functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
7. "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.
8. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.
36-2322. Gestational limit on abortion; medical emergency exception; physician reports; confidentiality
A. Except in a medical emergency, a physician may not perform, induce or attempt to perform or induce an abortion unless the physician or the referring physician has first made a determination of the probable gestational age of the unborn human being and documented that gestational age in the maternal patient's chart and, if required, in a report required to be filed with the department as set forth in subsection C of this section. The determination of probable gestational age shall be made according to standard medical practices and techniques used in the medical community.
B. Except in a...