The powers and duties of the state board of health under this chapter shall be performed by the department of health.
[ 1989 1st ex.s. c 9 § 202; 1985 c 213 § 3; ]
Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.
[ 1909 c 249 § 200; RRS § 2452; ]
The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.
Accordingly, it is the public policy of the state of Washington that:
Every individual has the fundamental right to choose or refuse birth control;
Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902;
Except as specifically permitted by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and
The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.
[ 1992 c 1 § 1 (Initiative Measure No. 120, approved November 5, 1991); ]
The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus**, except when prohibited by section 1 of this act**, or to protect her life or health.
A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.
Unless authorized by RCW 9.02.110, any person who performs an abortion on another person shall be guilty of a class C felony punishable under chapter 9A.20 RCW.
[ 1992 c 1 § 3 (Initiative Measure No. 120, approved November 5, 1991); ]
The good faith judgment of a physician as to viability of the fetus or as to the risk to life or health of a woman and the good faith judgment of a health care provider as to the duration of pregnancy shall be a defense in any proceeding in which a violation of this chapter is an issue.
[ 1992 c 1 § 4 (Initiative Measure No. 120, approved November 5, 1991); ]
Any regulation promulgated by the state relating to abortion shall be valid only if:
The regulation is medically necessary to protect the life or health of the woman terminating her pregnancy,
The regulation is consistent with established medical practice, and
Of the available alternatives, the regulation imposes the least restrictions on the woman's right to have an abortion as defined by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.
[ 1992 c 1 § 5 (Initiative Measure No. 120, approved November 5, 1991); ]
No person or private medical facility may be required by law or contract in any circumstances to participate in the performance of an abortion if such person or private medical facility objects to so doing. No person may be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the termination of a pregnancy.
[ 1992 c 1 § 6 (Initiative Measure No. 120, approved November 5, 1991); ]
If the state provides, directly or by contract, maternity care benefits, services, or information to women through any program administered or funded in whole or in part by the state, the state shall also provide women otherwise eligible for any such program with substantially equivalent benefits, services, or information to permit them to voluntarily terminate their pregnancies.
[ 1992 c 1 § 7 (Initiative Measure No. 120, approved November 5, 1991); ]
For purposes of this chapter:
"Viability" means the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.
"Abortion" means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
"Pregnancy" means the reproductive process beginning with the implantation of an embryo.
"Physician" means a physician licensed to practice under chapter 18.57 or 18.71 RCW in the state of Washington.
"Health care provider" means a physician or a person acting under the general direction of a physician.
"State" means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington.
"Private medical facility" means any medical facility that is not owned or operated by the state.
"Down syndrome" means a chromosome disorder associated either with an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one.
"Unborn child" means the offspring of human beings from conception until birth.
RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall not be construed to define the state's interest in the fetus for any purpose other than the specific provisions of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.
[ 1992 c 1 § 10 (Initiative Measure No. 120, approved November 5, 1991); ]
RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall be known and may be cited as the Reproductive Privacy Act.
[ 1992 c 1 § 12 (Initiative Measure No. 120, approved November 5, 1991); ]
**
No person may intentionally perform or induce, or attempt to perform or induce, an abortion on a pregnant woman if the person has knowledge that the pregnant woman is seeking the abortion, in whole or in part, because of any of the following:
A test result indicating Down syndrome in an unborn child;
A prenatal diagnosis of Down syndrome in an unborn child; or
Any other reason to believe that an unborn child has Down syndrome.
Whoever violates subsection (1) of this section is subject to the penalties established in RCW 9.02.120.
The Washington medical commission or the board of osteopathic medicine and surgery, as applicable, must revoke the license of a physician who has violated subsection (1) of this section.
Any physician who violates subsection (1) of this section is liable in a civil action for compensatory and exemplary damages, as well as reasonable attorneys' fees, to the person, or the representative of the estate of any person, who sustains injury, death, or loss to person or property as the result of the intentional performance or inducement, or the attempted performance or inducement, of the abortion. In any action under this subsection, the court may also award injunctive or other equitable relief that the court considers appropriate.
A pregnant woman on whom an abortion is intentionally performed or induced, or attempted to be performed or induced, in violation of subsection (1) of this section is not guilty of violating subsection (1) of this section or attempting to commit, conspiring to commit, or complicity in committing a violation of subsection (1) of this section.
[ 2021 c XXX § 1; ]**
**
The attending physician performing or inducing an abortion must indicate in a report to the department of health that the attending physician does not have knowledge that the pregnant woman was seeking the abortion, in whole or in part, because of any of the following:
A test result indicating Down syndrome in an unborn child;
A prenatal diagnosis of Down syndrome in an unborn child; or
Any other reason to believe that an unborn child has Down syndrome.
The department of health shall adopt rules to facilitate the submission of the reports, including establishing reporting forms and allowing for the incorporation of reporting into existing reporting requirements for hospitals and facilities where abortions are performed or induced.
[ 2021 c XXX § 2; ]**