Arizona HB 2429: abortion; admitting privileges; repeal

Bill Text

HB2429 - 531R - I Ver 

 REFERENCE TITLE: abortion; admitting privileges; repeal

 State of Arizona

 House of Representatives

 Fifty-third Legislature

 First Regular Session

 2017

 HB 2429

 Introduced by 

 Representatives 
 Navarrete: Alston, Andrade, Blanc, Cardenas, Clark, Espinoza, Fernandez, 
 Friese, Gabald�n, Gonzales, Hernandez, Powers Hannley, Rios, Rubalcava, 
 Salman

AN 
ACT

Amending sections 36‑404, 36‑449.02 
and 36‑449.03, Arizona Revised Statutes; relating to abortion clinics.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it 
enacted by the Legislature of the State of Arizona:

Section 1. Section 36-404, Arizona Revised Statutes, 
is amended to read:

START_STATUTE36-404. Limitation 
of disclosure of information

A. Information 
received and records kept by the department for the purpose of administering 
this chapter are available to the public except:

1. Information 
obtained for purposes of articles 4 and 5 of this chapter.

2. Personally 
identifiable medical information or any information from which a patient or the 
patient's family might be identified.

3. Sources 
of information that cause the department to believe that an inspection of an 
institution is needed to determine the extent of compliance with this chapter 
and rules adopted pursuant to this chapter.

4. Personally 
identifiable information of a physician that is received and any records kept regarding 
the physician's 
admitting privileges pursuant to section 36‑449.02 physician.

B. The 
department may release information listed under subsection A of this section to 
an officer of the court pursuant to a court order, a department or agency of 
this state or the federal government, a law enforcement agency or a county 
medical examiner if the release of this information is necessary and pertinent 
to an investigation or proceeding unless the release of this information is 
prohibited by federal or state law. The recipient shall maintain 
patient and source name confidentiality. END_STATUTE

Sec. 2. Section 36-449.02, Arizona Revised 
Statutes, is amended to read:

START_STATUTE36-449.02. Abortion 
clinics; licensure requirements; rules; inspections; standing to intervene; 
legal counsel

A. Beginning 
on April 1, 2000, an abortion clinic shall meet the same licensure requirements 
as prescribed in article 2 of this chapter for health care 
institutions. On initial licensure and any subsequent renewal, an 
abortion clinic shall submit to the director all documentation required by this 
article, 
including verification that the clinic's physicians who are required to be available 
have admitting privileges at a health care institution as required by section 
36‑449.03, subsection C, paragraph 3.

B. An 
abortion clinic that holds an unclassified health care facility license issued 
before August 6, 1999 may retain that classification until April 1, 2000 
subject to compliance with all laws that relate to unclassified health care 
facilities. 

C. Beginning 
on April 1, 2000, abortion clinics shall comply with department requirements 
for abortion clinics and department rules that govern abortion clinics.

D. If 
the director determines that there is reasonable cause to believe an abortion 
clinic is not adhering to the licensing requirements of this article or any 
other law or rule concerning abortion, the director and any duly designated 
employee or agent of the director, including county health representatives and 
county or municipal fire inspectors, consistent with standard medical 
practices, may enter on and into the premises of the abortion clinic that is 
licensed or required to be licensed pursuant to this article during regular 
business hours of the abortion clinic to determine compliance with this 
article, rules adopted pursuant to this article, local fire ordinances or rules 
and any other law or rule relating to abortion.

E. An 
application for licensure pursuant to this article constitutes permission for, 
and complete acquiescence in, an entry or inspection of the premises during the 
pendency of the application and, if licensed, during the term of the license.

F. If 
an inspection conducted pursuant to this section reveals that an abortion 
clinic is not adhering to the licensing requirements prescribed pursuant to 
this article or any other law or rule concerning abortion, the director may 
take action authorized by this article.

G. An 
abortion clinic whose license has been suspended or revoked pursuant to this 
article or section 36‑424 is subject to inspection on application for 
relicensure or reinstatement of the license.

H. In any proceeding in which the 
constitutionality, legality or application of this section is challenged, the 
attorney general or any county or city attorney who wishes to defend the law 
has the right to intervene as a party and is deemed to have proper standing in 
the matter.� The only objection that may be raised to a motion to intervene as 
of right pursuant to this