BILL REQ. #:  H-3751.1 

Read first time 01/20/2004.   Referred to Committee on Health Care.

     AN ACT Relating to the right of a woman to refuse to have an abortion; amending RCW 9.02.110, 9.02.140, and 9.02.160; and creating a new section.

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

NEW SECTION.  Sec. 1   RCW 9.02.100 provides that every woman has the fundamental right to choose or refuse to have an abortion. The legislature finds that the right to refuse to have an abortion should receive more emphasis in state law. The legislature intends by this act to ensure that the right of a woman to refuse to have an abortion and to continue her pregnancy are given equal emphasis in state law.

Sec. 2   RCW 9.02.110 and 1992 c 1 s 2 are each amended to read as follows:
     The state may not deny or interfere with a woman's right to choose or refuse 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.

Sec. 3   RCW 9.02.140 and 1992 c 1 s 5 are each amended to read as follows:
     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 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 or to not have an abortion as defined by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.

Sec. 4   RCW 9.02.160 and 1992 c 1 s 7 are each amended to read as follows:
     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 or continue their pregnancies.