H-3521.2  _______________________________________________

                          HOUSE BILL 2840

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Fortunato, Koster, Carrell, Schindler, Campbell, Lambert, Benson and D. Schmidt

Read first time 01/21/2000.  Referred to Committee on Health Care.

Requiring that only physicians perform abortions.

    AN ACT Relating to protecting the health of women by requiring that only physicians perform abortions; amending RCW 9.02.110 and 9.02.170; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.  The legislature finds that the medical risks to the health of women as a result of obtaining an abortion makes it necessary to clarify that only qualified health care personnel may perform abortions or assist in performing abortions.

    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 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.  A health care provider may assist a physician who is terminating a pregnancy but only a physician may terminate a pregnancy.

    Sec. 3.  RCW 9.02.170 and 1992 c 1 s 8 are each amended to read as follows:

    For purposes of this chapter:

    (1) "Viability" means the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.

    (2) "Abortion" means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.

    (3) "Pregnancy" means the reproductive process beginning with the implantation of an embryo.

    (4) "Physician" means a physician licensed to practice under chapter 18.57 or 18.71 RCW in the state of Washington.

    (5) "Health care provider" means a physician ((or a)) and any other person ((acting under the general direction of a physician)) licensed by this state under Title 18 RCW to provide health care services.

    (6) "State" means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington.

    (7) "Private medical facility" means any medical facility that is not owned or operated by the state.

NEW SECTION. Sec. 4.  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.

NEW SECTION. Sec. 5.  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.

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