wa-law.org > bill > 2023-24 > SB 5185 > Original Bill
The state may not deny or interfere with a woman's right to choose to have an abortion prior to 24 weeks of gestational age, or in case of a medical emergency or severe fetal abnormality.
Except in a medical emergency or in the case of a severe fetal abnormality, a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice may not terminate and a health care provider may not assist a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice in terminating a pregnancy if the probable gestational age of the unborn human being has been determined to be greater than 24 weeks.
No person may perform an abortion except as authorized in this section.
Any person who performs an abortion on another person in violation of this chapter shall be guilty of a class C felony punishable under chapter 9A.20 RCW.
Any health care provider licensed under Title 18 RCW who violates this chapter commits an act of unprofessional conduct and his or her license shall be suspended by the appropriate disciplining authority pursuant to chapter 18.130 RCW.
A physician, physician assistant, advanced registered nurse practitioner, or health care provider who knowingly or intentionally delivers to the department of health any report required by RCW 9.02.130 that is known by the physician to be false is subject to a civil penalty of up to $500 per violation imposed by the department of health.
The attorney general has the authority to bring an action in law or equity to enforce the provisions of this chapter on behalf of any disciplining authority as defined in chapter 18.130 RCW. The disciplining authorities also have the authority to bring such an action on their own.
Except in a medical emergency or in the case of a severe fetal abnormality, prior to performing an abortion as authorized in RCW 9.02.110, a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice shall first:
Make a determination of the probable gestational age of the unborn human being and document that gestational age; and
Document in the chart of the individual seeking the abortionthe probable gestational age of the unborn human being.
Whenever a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice performs an abortion on an unborn human being whose gestational age is greater than 24 weeks, the physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice shall cause to be filed with the department of health, on a form supplied by the department, a report.
The report shall contain the following:
The date of the abortion;
The specific method of abortion used;
The probable gestational age of the unborn human being and the method used to calculate the gestational age;
A statement declaring that the abortion was necessary to preserve the life or physical health of the individual seeking the abortion;
Specific medical indications supporting the abortion; and
The report may not contain the name of the individual upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or any circumstances, an individual seeking the abortion.
The department of health shall, within 30 days of the effective date of this section, create the forms required by this section. This subsection does not apply until at least 10 days after the requisite forms have been made available.
The good faith judgment of a physician, physician assistant, advanced registered nurse practitioner, or other health care provider acting within the provider's scope of practice as to the gestational age of the unborn human being, or the presence of a medical emergency or severe fetal abnormality and the good faith judgment of a health care provider as to the duration of pregnancy is not a defense in any proceeding in which a violation of this chapter is an issue, unless all of the requirements of this section have been met.
Determinations of gestational age under this section must be made according to standard medical practices and techniques used in the community.
Any regulation promulgated by the state relating to abortion shall be valid only if
consistent with the requirements of this chapter.
For purposes of this chapter:
Nothing in this chapter shall be construed as creating or recognizing a right to abortion or as altering generally accepted medical standards. It is not the intent of this chapter to make lawful an abortion that is otherwise unlawful. An abortion that complies with this chapter, but violates any other state law, is unlawful. An abortion that complies with another state law, but violates this section, is unlawful.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.