Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2681
abortion-inducing drugs; requirements
Purpose
Prescribes requirements for the administration of abortion-inducing drugs and creates a
civil right of action for intentional or knowing violations of these requirements.
Background
Statute prohibits an abortion from being performed or induced without the voluntary and
informed consent of the woman on whom the abortion is to be performed or induced, except in the
case of medical emergency. Informed consent for abortions is accomplished when the woman
certifies in writing that she has been provided with all of the required information enumerated in
statute at least 24 hours in advance of an abortion procedure. A woman seeking an abortion must
also: 1) receive fetal ultrasound imaging and auscultation of fetal heart tone services; 2) be
provided with specified information in the case of the unborn being diagnosed with a lethal
condition; and 3) in the case of a woman taking only mifepristone as part of a two-drug regimen
to terminate a pregnancy, be informed by clinic staff that mifepristone alone is not always
effective. The Department of Health Services (DHS) must provide outlined information on its
website related to abortion procedures and services, and physicians who provide informed consent
information or that perform fetal ultrasounds must report specified information to DHS (A.R.S.
§§ 36-2153; 36-2156; 36-2158 and 36-2162.01).
Abortion-inducing drugs may only be provided by qualified physicians in accordance with
statutory requirements, and manufacturers, suppliers and physicians are prohibited from providing
abortion-inducing drugs by courier, delivery or mail service (A.R.S. § 36-2160).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a qualified physician who provides an abortion-inducing drug to examine the patient
in person and perform all of the following before providing an abortion-inducing drug:
a) independently verify that a pregnancy exists;
b) determine the patient's blood type, and if the patient is Rh-Negative, offer to administer
Rhogam at the time of the abortion, or, inform the patient of the risks of not having Rh
testing if the age of the unborn child is less than 12 weeks' gestation and the patient's blood
type is unknown;
c) inform the patient of possible physical and psychological aftereffects and side effects
associated with the ingestion of an abortion-inducing drug, including that the patient may
experience bleeding, pain and nausea and may see the remains of the unborn child in the
process of completing the abortion; and FACT SHEET
H.B. 2681
Page 2
d) document in the patient's medical chart the gestational age and intrauterine location of the
pregnancy, as diagnosed by the most accurate standard of medical care, and whether the
patient was offered and received treatment for Rh negativity.
2. Requires a qualified physician who provides an abortion-inducing drug to be credentialed and
competent to handle complication management, including emergency transfers, or to have an
active signed agreement with an associated physician who is credentialed.
3. Requires the qualified physician to be able to produce the signed agreement on demand by the
patient or DHS, and to provide the patient with the name and telephone number of the
associated physician.
4. Requires a qualified physician or their agent to schedule a follow-up visit for the patient that
is approximately 7 to 14 days after the abortion-inducing drug is administered to:
a) confirm that the pregnancy is completely terminated; and
b) assess the degree of bleeding.
5. Requires the qualified physician to make all reasonable efforts to ensure that the patient returns
for the scheduled appointment, and to include a brief description of the efforts made to comply
with this requirement in the patient's medical record.
6. Establishes that any of the following persons have a claim against a person who intentionally
or knowingly violates these requirements:
a) a woman to whom an abortion-inducing drug was given;
b) a minor's parent or guardian if the drug was given to a minor, unless parental rights have
been terminated; and
c) the father of the unborn child aborted as the result of an abortion-inducing drug that was
illegally given, unless:
i. the pregnancy of the person to whom the abortion-inducing drug was given was the
result of a sexual assault or an act of incest and the father was the offender;
ii. the father has been charged or convicted of an act of domestic violence against the
mother of the unborn child;
iii. a court has issued a restraining order or order of protection against the father for
domestic violence involving the mother of the unborn child; or
iv. the father's parental rights have been legally terminated.
7. Requires a civil action to be brought in the superior court in the county in which the woman
on whom the abortion was performed resides.
8. Specifies that relief for a civil action includes:
a) money damages for all psychological, emotional and physical injuries resulting from a
violation;
b) statutory damages of $5,000; and
c) reasonable attorney fees and costs.
9. Requires a court, in a civil action and on its own motion or sua sponte, must rule whether the
identity of any woman on whom an abortion was induced or attempted must be kept
confidential, unless the woman waives confidentiality. FACT SHEET
H.B. 2681
Page 3
10. Requires the court, if it determines that a woman's identity should remain confidential, to:
a) issue orders to the parties, witnesses and counsel; and
b) direct the sealing of the record and exclusion of individuals from courtrooms or hearing
rooms to the extent necessary to safeguard the woman's identity from public disclosure.
11. Requires the court, if it issues a confidentiality order, to provide written findings explaining:
a) why the woman's identity should be kept confidential;
b) why the order is essential to that end; and
c) how the order is narrowly tailored to its purpose and why no reasonable less-restrictive
alternative exists.
12. Requires any person who brings an action to do so under a pseudonym, unless the person
obtains written consent from the woman.
13. Prohibits the pseudonym requirement from being construed to allow the identity of a plaintiff
or a witness to be concealed from the defendant.
14. Prohibits a civil action from being brought against a woman to whom an abortion-inducing
drug was given.
15. Stipulates that this legislation does not create or recognize a right to abortion or make lawful
an abortion that is otherwise unlawful.
16. Contains a severability clause.
17. Contains a legislative findings clause.
18. Becomes effective on the general effective date.
House Action
JUD 2/19/25 DP 6-2-0-1
3
rd
Read 3/4/25 32-26-2
Prepared by Senate Research
March 17, 2025
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