SB 1366
Initials AG/KM Page 1 Health & Human Services
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: HHS DP 4-3-0-0 I 3
rd
Read DPA 16-13-1-0
SB1366: health professionals; pregnant women; information
Sponsor: Senator Rogers, LD 7
Committee on Health & Human Services
Overview
Outlines specific information that licensed medical doctors, osteopathic physicians, nurse
practitioners and physician assistants must inform a pregnant patient whose visit is related to the
pregnancy.
History
Currently, Arizona, any political subdivision, department or agency, including a health profession
regulatory board, or a private entity contracted with a health profession regulatory board to carry
out board functions, cannot punish a health professional directly, or indirectly through a
subcontractor or otherwise, for educating, advising or making a patient aware of lawful health care
services for which there is a reasonable basis, including the off-label use of health care services
or health care-related research or data, or for offering, providing or making available lawful health
care services, including the off-label use of health care services for which there is a reasonable
basis.
Unless an entity has sincerely held religious or moral beliefs, the entity may not restrict a health
professional who is an employee of or is affiliated or contracted with the entity for educating,
advising or making a patient aware of lawful health care services, including the off-label use of
health care services, or health care-related research or data. Lawful health care service means
any health-related service or treatment, to the extent that the service or treatment is allowed or
not prohibited by law or regulation, including the off-label use of medications during a public health
emergency, that may be provided by individuals or businesses that are otherwise allowed to offer
such services (A.R.S. § 32-3221).
Currently, at least 24 hours before an abortion is performed, the physician who is to perform the
abortion, the referring physician or a qualified physician, physician assistant, nurse, psychologist
or licensed behavioral health professional to whom the responsibility has been delegated must
inform the woman, orally and in person, that: 1) medical assistance benefits may be available for
childbirth, prenatal and neonatal care; 2) the father of the unborn child, unless in the case of rape
or incest in which this information can be omitted, is liable to assist in the support of the child,
even if he offered to pay for an abortion; 3) public and private agencies and services are available
to assist the woman during her pregnancy and after childbirth if she chooses not to have an
abortion, whether she chooses to keep the child or place the child for adoption; 4) it is unlawful
for anyone to coerce a woman to undergo an abortion; 5) the Department of Health Services
(DHS) maintains a website that describes the unborn child and lists the agencies that offer
alternatives to abortion; 6) the woman has the right to review the website and that a printed copy
of the materials on the website will be provided to her free of charge if she chooses to review
those materials; and 7) in the case of a surgical abortion, the woman has the right to determine
final disposition of bodily remains and be informed of the available options for locations and
methods for disposition of bodily remains (A.R.S. § 36-2153). SB 1366
Initials AG/KM Page 2 Health & Human Services
Provisions
1. Requires licensed medical doctors, osteopathic physicians, nurse practitioners and physician
assistants to inform a pregnant patient whose visit with them is related to the pregnancy that:
a) medical assistance benefits may be available for childbirth, prenatal and neonatal care;
b) the father of the unborn child, unless in the case of rape or incest in which this information
can be omitted, is liable to assist in the support of the child, even if he has offered to pay
for an abortion;
c) public and private agencies and services are available to assist the woman during her
pregnancy and after childbirth if she chooses not to have an abortion, whether she
chooses to keep the child or place the child for adoption;
d) it is unlawful for anyone to coerce a woman to undergo an abortion;
e) DHS maintains a website that describes the unborn child and lists the agencies that offer
alternatives to abortion; and
f) the woman has the right to review the website and that a printed copy of the materials on
the website will be provided to her free of charge if she chooses to review these materials.
(Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note