A. A physician shall not knowingly perform an abortion of a viable fetus unless:
1. The physician states in writing before the abortion is performed that the abortion is necessary to preserve the life or health of the woman, specifying the medical indications for and the probable health consequences of the abortion. The physician shall attach a copy of this statement to any fetal death report filed pursuant to section 11-593 or fetal death registration filed pursuant to section 36-329.
2. The physician uses the available method or technique of abortion most likely to preserve the life and health of the fetus, unless the use of such method or technique would present a greater risk to the life or health of the woman than the use of another available method or technique.
3. The physician states in writing the available methods or techniques considered, the method or technique used and the reasons for choosing that method or technique. The physician shall attach a copy of this statement to any fetal death report filed pursuant to section 11-593 or fetal death registration filed pursuant to section 36-329.
4. In addition to the physician performing the abortion, there is another physician in attendance who shall take control of and provide immediate medical care for a living child born as a result of the abortion.
5. The physician takes all reasonable steps during the performance of the abortion, consistent with the procedure used and in keeping with good medical practice, to preserve the life and health of the fetus, if these steps do not pose an increased risk to the life or health of the woman on whom the abortion is performed.
B. This section does not apply if there is a medical emergency.
C. For the purposes of this section and section 36-2301.02:
1. "Abortion" has the same meaning prescribed in section 36-2151.
2. "Medical emergency" means a condition that, on the basis of the physician's good faith clinical judgment, so complicates a pregnancy as to necessitate the immediate abortion of the pregnancy to avoid the woman's death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
3. "Physician" means any person licensed under title 32, chapter 13 or 17.
4. "Viable fetus" means the unborn offspring of human beings that has reached a stage of fetal development so that, in the judgment of the attending physician on the particular facts of the case, there is a reasonable probability of the fetus' sustained survival outside the uterus, with or without artificial support.
Notes of Decisions
Paul Isaacson v. Tom Horne, 716 F.3d 1213 (9th Cir. 2013).
· cites it 7× “See Ariz. Rev. Stat. § 36-2301.01 (A)(1). The challenged provision in Section 7 of H.”
State v. Lockwood, 218 P.3d 1008 (Ariz. Ct. App. 2009).
· cites it 2× “§ 36-329 (providing separately for death certificate for fetal death); A.R.S. § 36-2301.01(D) (defining “viable fetus” not as “human being” but as “unborn offspring of human beings that has reached a [specified] state of fetal development”).”
Planned Parenthood v. Kristin mayes/hazelrigg (Ariz. 2024).
· cites it 4× “01 (proscribing partial-birth abortions unless necessary to save the life of the pregnant woman); § 36-2152(A) (prohibiting physicians from performing abortions on minors without parental consent or judicial authorization); § 36-2301.01 (prohibiting a physician from “knowingly…”
Isaacson v. Mayes (D. Ariz. 2021).
· cites it 2× “3 Moreover, such women are racing against a clock because Arizona law prohibits 4 post-viability abortions, A.R.S. § 36-2301.01(A), and viability usually occurs between 23- 5 and 24-weeks gestation, Isaacson, 716 F.”
Isaacson v. Mayes (D. Ariz. 2022).
· cites it 2× “A.R.S. § 36-2301.01. But Arizona also has an older, pre-statehood 9 law on its books that prohibits abortion unless necessary to save the woman’s life.”
Isaacson v. Horne, 884 F. Supp. 2d 961 (D. Ariz. 2012).
· cites it 3× “” Ariz.Rev.Stat. Ann. § 36-2301.01; H.B. 2036, 50th Leg.”
Planned Parenthood Arizona, Inc. v. Mark Brnovich (Ariz. Ct. App. 2022).
“Other abortion regulations found in Title 36 restrict abortion of a viable fetus, § 36-2301.01, and restrict the provision of abortion without complying with specific notice and consent requirements, including parental consent in the case of abortions provided to juveniles, §§…”
— Ariz. Rev. Stat. § 36-2301.01(0) — 1 case
— Ariz. Rev. Stat. § 36-2301.01(A) — 3 cases
Paul Isaacson v. Tom Horne, 716 F.3d 1213 (9th Cir. 2013).
“See Ariz. Rev. Stat. § 36-2301.01 (A)(1). The challenged provision in Section 7 of H.”
Isaacson v. Mayes (D. Ariz. 2021).
“3 Moreover, such women are racing against a clock because Arizona law prohibits 4 post-viability abortions, A.R.S. § 36-2301.01(A), and viability usually occurs between 23- 5 and 24-weeks gestation, Isaacson, 716 F.”
Planned Parenthood v. Kristin mayes/hazelrigg (Ariz. 2024).
“01 (proscribing partial-birth abortions unless necessary to save the life of the pregnant woman); § 36-2152(A) (prohibiting physicians from performing abortions on minors without parental consent or judicial authorization); § 36-2301.01 (prohibiting a physician from “knowingly…”
— Ariz. Rev. Stat. § 36-2301.01(A)(1) — 1 case
Planned Parenthood v. Kristin mayes/hazelrigg (Ariz. 2024).
“01 (proscribing partial-birth abortions unless necessary to save the life of the pregnant woman); § 36-2152(A) (prohibiting physicians from performing abortions on minors without parental consent or judicial authorization); § 36-2301.01 (prohibiting a physician from “knowingly…”
— Ariz. Rev. Stat. § 36-2301.01(A)(l) — 1 case
Paul Isaacson v. Tom Horne, 716 F.3d 1213 (9th Cir. 2013).
“See Ariz. Rev. Stat. § 36-2301.01 (A)(1). The challenged provision in Section 7 of H.”
— Ariz. Rev. Stat. § 36-2301.01(C)(2) — 1 case
Paul Isaacson v. Tom Horne, 716 F.3d 1213 (9th Cir. 2013).
“See Ariz. Rev. Stat. § 36-2301.01 (A)(1). The challenged provision in Section 7 of H.”
— Ariz. Rev. Stat. § 36-2301.01(D) — 1 case
State v. Lockwood, 218 P.3d 1008 (Ariz. Ct. App. 2009).
“§ 36-329 (providing separately for death certificate for fetal death); A.R.S. § 36-2301.01(D) (defining “viable fetus” not as “human being” but as “unborn offspring of human beings that has reached a [specified] state of fetal development”).”
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