H-1280              _______________________________________________

                                                    HOUSE BILL NO. 869

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Hargrove, Day, Sutherland, Basich, Rasmussen, Bristow, Padden, Patrick, D. Sommers, L. Smith, Amondson and Fuhrman

Read first time 2/11/87 and referred to Committee on Health Care.

AN ACT Relating to modifying provisions relating to information given prior to certain medical procedures; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     (1)  No physician may perform an abortion unless, prior to such performance, the physician certifies in writing that the woman gave her informed consent, freely and without coercion, after the attending physician had informed the woman of information contained in subsection (2) of this section.

          (2)  In order to insure that consent for an abortion is truly informed consent, the attending physician shall inform the woman in a manner which, in his professional judgment, is not inflammatory or biased and which will be understood by the patient of the following:

          (a)  According to the best judgment of her attending physician, she is pregnant;

          (b)  The number of weeks elapsed from the probable time of the conception of the fetus, based upon the information provided by her as to the time of her last menstrual period and after a history and physical examination and appropriate laboratory tests;

          (c)  The anatomical and physiological characteristics of the fetus at the time that the abortion is to be performed including actual photos of a fetus at the stage of development approximately equal to that of the patient's;

          (d)  The immediate and long-term physical dangers of the abortion procedure;

          (e) The risks associated with child birth;

          (f) The particular risks associated with her pregnancy and the abortion technique to be performed;

          (g)  Alternatives to abortion such as child birth and adoption and information concerning all known public and private agencies registered with the state that will assist with those alternatives.

          (3)(a) For the purposes of qualifying under subsection (2)(f) of this section, agencies may register with the department of social and health services by providing the following:  (i) The name of the agency; (ii) phone number; (iii) address; (iv) county; and (v) a brief description of the services offered.

          (b) The department of social and health services shall compile and publish a list of the agencies registered under (a) of this subsection along with the services offered by such agency and make the list available to the public upon request.

          (4)  In addition, the physician may inform the woman of other material facts or opinions or provide an explanation of the information required by subsection (2) of this section which in the exercise of his best medical judgment is reasonably necessary to allow the woman to give her informed consent to the proposed abortion with full knowledge of its nature and consequences.

          (5)(a) A patient shall sign a release prior to the performance of an abortion stating that the patient received and understood the information required by subsection (2) of this section and that the patient consents to the procedure.

          (b) The statement required under (a) of this subsection shall be inadmissable as evidence in any proceeding except an action for violation of this section.

          (6) The attending physician has an affirmative duty to comply with the provisions of this chapter.  Any physician who wilfully or negligently fails to comply with any of the provisions of this chapter shall be subject to a fine not to exceed five thousand dollars and an action for suspension or revocation of the physician's license in addition to any other disciplinary action deemed appropriate under the provisions of chapter 18.130 RCW.

NEW SECTION. Sec. 2.     Section 1 of this act shall constitute a new chapter in Title 70 RCW.