1. What is the legal definition of “late-term abortion” in Arizona?
In Arizona, late-term abortion is defined as any abortion procedure performed after 18 weeks of gestation or at any point in the pregnancy where the fetus is viable (able to survive outside of the uterus). The Arizona Department of Health Services, in accordance with its “Arizona Late-Term Abortion Ban”, also defines late-term abortion as “any abortion procedure performed after 20 weeks postfertilization age; or at any point in the pregnancy where the fetus is viable, based on medical judgment.”
2. Are there any restrictions on late-term abortions in Arizona?
Yes, there are restrictions on late-term abortions in Arizona. The state has a ban on abortions after 20 weeks gestation, except in cases of a medical emergency, and requires the woman’s consent to be confirmed in writing 72 hours prior to the procedure. In addition, facilities providing abortions must be licensed and the state requires a detailed report for each abortion performed after 20 weeks gestation.
3. What are the gestational age limits for abortion in Arizona?
In Arizona, the gestational age limit for abortion is 20 weeks post-fertilization. Abortions after 20 weeks are only allowed if the woman’s life or health is in danger or if the fetus has a fatal medical condition.
4. Is there a gestational age limit for obtaining an abortion in Arizona?
Yes, in Arizona abortions are allowed up to 26 weeks from the first day of the last menstrual period.
5. Are there any waiting periods or counseling requirements for late-term abortions in Arizona?
Yes, there are waiting periods and counseling requirements for late-term abortions in Arizona. The state requires a woman to undergo counseling at least 24 hours before the procedure is performed. This counseling must include information about the risks of the abortion, alternatives, and a description of the fetus. Additionally, there is a 24-hour waiting period in Arizona after the counseling session before the procedure is performed. During this period, women may reflect on the decision and further consider all available options.
6. Are there any parental consent or notification laws for minors seeking a late-term abortion in Arizona?
Yes, Arizona does have parental consent and notification laws for minors seeking a late-term abortion. Under Arizona law, minors must obtain the consent of one parent or guardian before obtaining an abortion. If parental consent cannot be obtained, a minor may petition the court for a judicial bypass of the consent requirement. Additionally, one parent or guardian must be notified at least 48 hours before the minor obtains an abortion, unless the court grants a waiver.
7. Are there any laws that restrict insurance coverage of late-term abortions in Arizona?
Yes. Arizona law restricts all health insurance policies from covering abortions, except in cases of life endangerment, rape, or incest. There are no exceptions made for late-term abortions.
8. Are there any laws that criminalize or penalize late-term abortions in Arizona?
Yes. In Arizona, late-term abortions are illegal, except in cases where the woman’s life is in danger or if the fetus has a severe medical condition. Any doctor who performs a late-term abortion will be subject to criminal charges and possible jail time. Additionally, Arizona state law requires that women must receive counseling before having an abortion and must wait 24 hours before having the procedure.
9. Are there any laws that prohibit the use of public funds to pay for late-term abortions in Arizona?
Yes. According to the Arizona State Legislature, public funds (including Medicaid) may not be used to pay for abortions, except in cases where the pregnancy is the result of rape or incest, or if the abortion is necessary to save the life of the mother. Additionally, no public funds may be used to pay for a late-term abortion, unless it meets one of the previously mentioned criteria.
10. Are there any laws that allow health care providers to refuse to perform late-term abortions in Arizona?
Yes. Arizona Revised Statutes § 36-2152 prohibits health care providers from performing an abortion after the twentieth week of pregnancy unless it is necessary to preserve the life or health of the pregnant woman. The statute also allows a health care provider to refuse to perform or participate in an abortion procedure if it violates their conscience rights.
11. Is it legal for doctors to perform late-term abortions in Arizona?
No, late-term abortions are illegal in Arizona.
12. Are there any laws that require doctors to provide medical care for babies born alive after attempted abortion in Arizona?
Yes, the Arizona Born-Alive Infant Protection Act (A.R.S. § 36-2153) requires health care professionals who are in attendance at any abortion procedure to provide the same degree of care to an infant born alive as would be provided to any other infant born at the same gestational age, and that such infant be immediately transported and admitted to a hospital.
13. Are there any laws that require physicians to provide specific information or counseling to patients seeking a late-term abortion in Arizona?
No, there are no laws in Arizona that require physicians to provide specific information or counseling to patients seeking a late-term abortion. However, according to Arizona state law, a physician must provide the patient with information about the nature of the procedure and the potential risks. Additionally, the physician must inform the patient that there is an alternative to abortion, such as parenting or adoption.
14. Is it legal for private hospitals to perform late-term abortions in Arizona?
No, late-term abortions are only legal in Arizona if the woman’s life is in danger or there is a severe fetal abnormality.
15. Are there any laws that require physicians to inform patients of the risks of late-term abortion procedures in Arizona?
Yes. Under Arizona law, physicians must inform patients of the risks and consequences of late-term abortion procedures, including potential complications and alternatives to the procedure. The law also requires that a physician obtain written consent from the patient prior to performing any abortion procedure.
16. Are there any laws that require physicians to attempt to determine the viability of a fetus prior to performing a late-term abortion procedure in Arizona?
No. Arizona does not have any laws requiring physicians to attempt to determine the viability of a fetus prior to performing a late-term abortion procedure. However, Arizona does require physicians to inform women seeking an abortion of the potential risks associated with the procedure, which could include describing the potential effects of a late-term abortion on the fetus.
17. Is it legal for certified nurse midwives and nurse practitioners to perform late-term abortions in Arizona?
No, it is not legal for certified nurse midwives and nurse practitioners to perform late-term abortions in Arizona. In Arizona, only licensed physicians can perform abortions.
18. Does the law require written permission from the patient or guardian before a physician can perform a late-term abortion procedure in Arizona?
Yes. Arizona law requires written permission from the patient or the patient’s guardian before a physician can perform a late-term abortion procedure.
19. Are there any specific requirements related to the use of anesthetics during a late-term abortion procedure in Arizona?
Yes, there are specific requirements related to the use of anesthetics during a late-term abortion procedure in Arizona. According to Arizona Revised Statutes § 36-2156, a physician must use anesthetics when performing a late-term abortion procedure at 20 weeks gestation or later. The anesthesia must be delivered directly to the patient, and the patient must be monitored for the duration of the procedure. The anesthetic must be of a type that is designed to provide safe and effective analgesia and anesthesia to the patient.
20. Are there any licensing requirements for physicians who perform late-term abortions in Arizona?
Yes. In Arizona, physicians performing late-term abortions must be certified as qualified to do so by the State Medical Board or by the Arizona Health Care Cost Containment System. The physician must also adhere to all applicable state laws and regulations related to late-term abortions.