wa-law.org > bill > 2023-24 > SB 5172 > Original Bill

SB 5172 - Abortion safety ¶

Source

Section 1 ¶

This act may be known and cited as the women's right to know act.

Section 2 ¶

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:

1. Every individual has the fundamental right to choose or refuse birth control;

2. Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by this section and RCW 9.02.110 through 9.02.170 , 9.02.900 , and 9.02.902;

3. Except as specifically permitted by this section and RCW 9.02.110 through 9.02.170 , 9.02.900 , and 9.02.902, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion;

4. A woman seeking to have an abortion in the state of Washington has a right to be fully informed about abortions and the potential risks associated with abortions. This includes the right to know about:

   1. Abortion methods and associated medical risks;

   2. Possible adverse psychological effects of abortion;

   3. Potential harms to the fetus child should the abortion go wrong;

   4. Medical benefits and risks of carrying a pregnancy to term;

   5. Probable gestational age of the fetus at the time the abortion is to be performed;

   6. Public and private agencies and services available to assist a woman through pregnancy, childbirth, and raising a child; and

   7. Adoption services; and

5. The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.

Section 3 ¶

The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, 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.

Section 4 ¶

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.

Section 5 ¶

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.

Section 6 ¶

Any regulation promulgated by the state relating to abortion shall be valid only if:

1. The regulation is medically necessary to protect the life or health of the woman who is terminating her pregnancy;

2. The regulation is consistent with established medical practice; and

3. 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 , 9.02.900 , and 9.02.902.

Section 7 ¶

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.

Section 8 ¶

For purposes of this chapter:

---

Created by @tannewt. Contribute on GitHub.