H-793                _______________________________________________

                                                    HOUSE BILL NO. 696

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Padden, L. Smith, Patrick, Day, Dobbs, Ballard, B. Williams, Isaacson, Bond,van Dyke and Fuhrman

Read first time 2/8/85 and referred to Committee on Social & Health Services.

AN ACT Relating to fetal pain; and adding a new section to chapter 18.71 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 18.71 RCW to read as follows:

          (1) When the fetus is viable and when there exists reasonable medical certainty (a) that the particular method of abortion to be employed will cause organic pain to the fetus and (b) that the use of an anesthetic or analgesic would eliminate or alleviate the organic pain to the fetus caused by the particular method of abortion to be employed, the physician who is to perform the abortion or his or her agent or the referring physician or his or her agent shall inform the woman upon whom the abortion is to be performed that such an anesthetic or analgesic is available, if he or she knows it to be available, for use to eliminate or alleviate organic pain caused to the fetus by the particular method of abortion to be employed.

          (2) The requirements of this section shall not apply when:

          (a) In the medical judgment of the physician who is to perform the abortion or the referring physician based upon the particular facts of the case:

          (i) There exists a medical emergency that so complicates the pregnancy as to require an immediate abortion; or

          (ii) The anesthetic or analgesic would decrease a known possibility of sustained survival of the fetus apart from the body of the mother, with or without artificial support; or

          (iii) The use of any anesthetic or analgesic would so substantially increase the medical risk to the pregnant woman as to be contraindicated; or

          (b) The physician who is to perform the abortion administers an anesthetic or analgesic to the woman to eliminate or alleviate pain caused to her by the particular method of abortion employed and the physician knows there exists reasonable medical certainty that the anesthetic or analgesic will eliminate organic pain caused to the fetus during the course of the abortion.

          (3) As used in this section, "viability" means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.