Informed Consent

Legal Requirements

Pursuant to HB 2036PDF, The Arizona Department of Health Services is required to provide a parental informed consent form for unemancipated minors seeking an abortion. The form is provided in the resources section below:

Resources

  • Parental Consent Form for Pregnant (Unemancipated) Minors: EnglishPDF | SpanishPDF

HB 2036 Implementation Timeline

August 2, 2012

ARS 36-2152

  • Requires consent to be obtained on a form prescribed by ADHS that meets various criteria outlined in statute. See ARS 36-2152 for more information.

ARS 36-2159

  • Provides that except in a medical emergency, a person must not perform, induce or attempt to perform or induce an abortion unless the physician or referring physician has first made a determination of the probable gestational age of the unborn child and the probable gestation age of the unborn child is less than 20 weeks.
  • Provides for penalties for violation of this section and for the availability of civil action for appropriate relief.
  • Specifies that a woman on whom an abortion is performed or induced in violation of this section may not be prosecuted under this section or for conspiracy to commit a violation of this section.

ARS 36-2163

  • If an abortion clinic willfully violates the reporting requirements of this article (Abortion Reporting Requirements), the ADHS may assess a civil penalty, impose an intermediate sanction, suspend or revoke a license, deny a license, or bring an action for an injunction.

ARS 36-2156

  • At least 24 hours before having any part of an abortion performed or induced and any anesthesia or medication administered, the physician who is to perform the abortion, the referring physician or qualified person working with the physician, must perform an ultrasound, offer to provide the woman with the opportunity to view the ultrasound, provide an explanation of what the ultrasound is depicting and provide the patient with a physical picture of the ultrasound image of the unborn child.

Within 90 Days of the General Effective Date (November 2nd, 2012)

ARS 36-2158

  • Requires ADHS to establish a website and annually update the website. The website must contain: Lists of perinatal hospice programs that are available both in this state and nationally and that are organized geographically by location, 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.

ARS 36-2153

  • Requires ADHS to establish a website within 90 days after the effective date of this act and to annually update the website. The website must include a printable version of all materials listed on the website and the materials must be written in an easily understood manner and printed in a typeface that is large enough to be clearly legible. See ARS 36-2153 for a list of required information.
  • Requires an abortion clinic to conspicuously post signs visible to all who enter the facility or office, that are clearly readable and that state it is unlawful for any person to force a woman to have an abortion, and that 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 must be posted in the waiting room, consultation rooms and procedure rooms.

The Department of Health Services published the revised rule set on January 27, 2014. A copy of these rules can be found here.

ARS 36-449.03

  • Requires ultrasound equipment in ALL abortion clinics.
  • Requires a physician performing a surgical abortion to have admitting privileges at a hospital within 30 miles of the abortion clinic.
  • Requires a physician performing a medication abortion to have admitting privileges at a hospital.
  • When a physician is not present, require an RN, NP, LPN, or PA to be on site for monitoring and care after inducing a medication abortion
  • Requires any medication, drug or other substance used to induce an abortion to be administered in compliance with the protocol that is authorized by the FDA and that is outlined in the final printing labeling instructions for that medication, drug or substance
  • Minimum recovery room standards, which must include immediate post procedure care for a surgical abortion, and for care provided after inducing a medical abortion
  • Minimum follow-up standards, which must include a post-abortion medical visit to be scheduled between one week and three weeks after the initial dose of a medication abortion to confirm the pregnancy is completely terminated and to assess the degree of bleeding
  • Minimum incident reporting, which must include any injury or condition that requires ambulance transportation of the patient.

NOTE: There are pending legal challenges to provisions contained in HB 2036. This timeline is only intended to provide general guidance and could change following legal orders.