SB 1164
Initials LC Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: JUD DP 5-3-0-0 | 3
rd
Read 16-13-1-0
House: JUD DP 6-4-0-0
SB 1164: abortion; gestational age; limit
Sponsor: Senator Barto, LD 15
House Engrossed
Overview
Prohibits a physician from performing an abortion, except in a medical emergency, when the
gestational age exceeds 15 weeks.
History
Current statute states an abortion may not be performed without the voluntary and informed
consent of the patient. Outlined in statute is specific information that must be provided to the
patient at least 24 hours before an abortion is performed. Additionally, 24 hours before an abortion
is performed or induced, a qualified medical professional working in conjunction with a physician
must perform a fetal ultrasound on the patient undergoing the abortion and offer the patient the
opportunity to view the active ultrasound image. A physician who knowingly violates these
requirements commits an act of unprofessional conduct and is subject to license suspension or
revocation (A.R.S. §§ 36-2153, 36-2156).
Except in a medical emergency, an abortion may not be performed unless the physician has first
made a determination of the probable gestational age. Further, except in a medical emergency,
an abortion may not be performed or induced if the probable gestational age has been determined
to be at least 20 weeks. Any person who violates these requirements commits a class 1
misdemeanor. A physician who knowingly violates these requirements commits an act of
unprofessional conduct and is subject to license suspension or revocation (A.R.S. § 36-2159).
Provisions
1. Prohibits a physician from performing an abortion, except in a medical emergency, unless the
physician has determined and documented the probable gestational age. (Sec. 1)
2. Requires the determination of probable gestational age to be made according to standard
medical practices and techniques. (Sec. 1)
3. Prohibits a physician from intentionally performing, or attempting to perform, an abortion if the
probable gestational age is greater than 15 weeks. (Sec. 1)
4. Requires a physician to report all instances in which an abortion is performed or induced when
the gestational age exceeds 15 weeks and outlines the reporting requirements. (Sec. 1)
5. Requires the Department of Health Services (DHS) to create a form for physicians to use
when reporting abortions that were performed or induced when the gestational age exceeds
15 weeks. (Sec. 1)
6. States any physician who intentionally performs, or attempts to perform, an abortion that is
not a medical emergency when the gestational age exceeds 15 weeks is guilty of a class 6
felony. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
SB 1164
Initials LC Page 2 House Engrossed
7. Mandates a physician's license to practice medicine be suspended or revoked if the physician
intentionally performs, or attempts to perform, an abortion that is not a medical emergency
when the gestational age exceeds 15 weeks. (Sec. 1)
8. Directs DHS to impose a civil penalty of $10,000 or less on a physician who fails to report, or
intentionally falsifies any report, relating to an abortion performed or induced when the
gestational age exceeded 15 weeks. (Sec. 1)
9. Specifies the pregnant woman on whom an abortion is performed may not be prosecuted for
conspiracy to commit any violation of the above provisions. (Sec. 1)
10. Authorizes the Attorney General to enforce the above provisions. (Sec. 1)
11. Defines abortion, attempt to perform or induce an abortion, department, gestational age,
probable gestational age, human being, major bodily function, medical emergency and
physician. (Sec. 1)
12. Contains a construction clause. (Sec. 2)
13. Contains a legislative intent clause. (Sec. 3)
14. Contains a right to intervention clause. (Sec. 4)
15. Contains a severability clause. (Sec. 5)